Union and American. [volume] (Greeneville, Tenn.) 1875-1877, 1875-11-24

e'N NcueiOH WIN III
spirit and genius of a free govern
ment, / no e the above interroga
tories will net seem inopportune
but s9AFspatrary, fhas,tasir sid
speqss9a saI selid9ss tbst pnt
hated Sof Um4sPh, witch; evsl
and anon, characterizes your ably
written editorialS ana StImpIates
you in your aggressive warfare
against proscriptive and unsar'
ranted oppression. That the ca
nine family more pfohicIthan
profitable Is not susceptible of con
troYersy, bnt as to the legality OF
the means for.tlle suppression, Or
extinction, of that Anticipated
species many tax payers entertain
serious apprehensions.
The error Of the Legislators, in
framing the law, consists in not
accurately discriminating between
rights and privileges These two
words can not be used interchange
ably in Legislative enactments with
out a manifest invasion on the lib
erty of the people. In a decision
ofthe Supreme Court of the United
States / find an accurate and sue
cinct definition of the word rights,
rs applicable to political communal
ties. ga right is an attribute or
quality vested in every man by the
law Of Nature, or Natures God. 1t
is Inherent in mans nature. and
inalienable or inseparable from his
existence" "The right Of owning
property, lawfully acquired, is an
absolute, personal right, with which
every American citizen is clothed"
3. Wallace, 28l. Again, the same
Court says: "The rights.of man
can only lie taxed according to
their Intrinsic caiue, and the taxa
lion must be equal and uniform
throughout the Territory imposing
it, Wallace, 300.
Having a judicial construction
OF the word rights, from the high
est tribunal in the land, let us
search for a critical analysis. of the
word Priciiege; and again, 1 quote
from the highest authority in our
State, Nicholson. Chief Justice, de.
~livered the opinion, in case, State
VS. SchleIr: 1.-The exercise of an
occupation or business which re-
quires a license from some proper
authority, designated by a general
law, and not open TO all or any
without such license: as a privilege
'cithin the meaning Of the Consti-
tuition" Sd HeiskeA, ISL. -,-,-
This decision was rendered sub
sequeut to the adoption of our
present Constitution in 1870, and
the pretended, or assumed authori-
ty of the Legislature in declaring:
"Therowning of n dog a privilege"
is derived, by implication, from the
following language incorporated in
to that instrument, to wit: The
LA"HH 49, A
Legislature shall have Powerto tax
merehapts,ss pedd.ers and privi-
leges.p But the Constitution of
1884 contained the same language
as to the taxation of "privileges,"
that is contained in our present
Constitution. 1t is as follows:
"Bnt the Legislature shall have
power to tax merchants, peddlers
and privileges" This clause was
judicially Interpreted in several
eases prior to the adoption of the
Constitution in 1870, TO wit: IN the
case of the Mayor and Aldermen
Of Columbia VS., Guest, In 1859,
the Supreme Court said; Ave have
defined it (priyilegesl in sererdl
cases to be the exercise of an oc-
cupation or bnsiness which requires
a-license fsom some proper au-
thority, as$isnetsd bya general
klaY, and not Open to. all or any one
without such Acease.p 3D. Head,
Ala, 81
Nsa,h wasthe 5adicial construe-
ton Of the -woEd privilege W hen
the Convention of 1870 adopted
precisely the sane Language in
forming ONT presentsC Constitution;
and it was adopted with a full
knowledge of the meaning attach
ed to it by=onr Snpreme Court, Ias
nearly all the DELEGATES composing
said CONTENTION We're lawyers and
Judges of reputed ability. Ba us-l
-asThe Supreme Conrta clearly arec-
osnized the distinction between
rTghts and prtrasges in regard to
the power OF taxation: "That alb
solute rights shalt be taxed accord
ing TO assessed yalue," but, "That
the taxation of privileges is in the
discretion OF the Legislature."--
Adams vs. Mayor ami Aldermen of
Colnmbia, 2 Head, e63.
The precise meaping Of the words
being authoritatively adjudicated,
as q preliminary inquisit,on, i
again ask, is a dog property or
privilege? According to the Com
mon Law-incorporated into the
Jurisprudence of America-and I'M
der an English Statute-enacted
before the foundation of the Ameri-
can COlOnies-yet of general an