, 1876-08-31

II
.yas free from Efnvc fat,ita a.rt ertv" crrors,
The ,notlu,ts d tln elastcs tht, n.y.. II un", II.
atrsu'c froIn tl!lu IT, tnc we're .,''HltuolAt
aud nrpartMtly Hs dangerous nir. .t:u,ilcr0ut
IA tlr Btnttny hea1 -Df Ai.!u bug;
principles grcw, tnc,. wtro only the hci'lcn.d |
ind revolutions only the rrsls that marked their
The Inng Parliament, Cr'anwrll,
and the arn,ics Ut thc commonwealth marked |
great cuuragn dlrettc'l by prtntpIrs OF Ideas.
'lhGy marked the change Ut TIE people fru,n
h[thl reverence fnr KluG tu lt!cnse nationality
aud desire u Control the Institutions of Tic
nation,
The revolution Of 1888 presents only tho at
scrtisn Vi come rIglts Ut the people ju[ncI TO
ihc Republican principles Of Holland Which held
It's Independence a'1l assczta1 the new lille
aeg0inst the tntd.lls Mge.
Tile Revolution klowu To Englst,speaktng
rnccs las exceeded this which we AcnoIniflatc
tlIat of llSo III its cffGrts. It commenced before
ltl0 AM! did not cud till olr States were formed.
revolution, anl of nut own nationality. arc
sD,ihd. Ono Of them Affects tfIis matter Vi tux
ation. tl!s power ot the State IL cxtfnct from
each tnlivldual without Its consent what Ia
tDrnu.
The principles Of tho time and tho declared
allegiance 70 them rotnpcllel tho judicial lccis-
ions each State TO announce p.IneIples thuso
nattun lsal its exist,ncc, and wlosr doctrine
penetrated ovcry State at the Foundation Ut Its
institutions. As SOON as n cnAe cnnio. to tito
United States Supreme Court II held t!'at q tu
consent every substantial requisite Of tho law
1nnst DO shown to have bcen complied with 4
Pet, y5y; Dali. 3l6). ChlcfJust!ce Marshall,
In q WHEATON 119, said Il was a se1f-cvcn&
can sell and convey tic land Of anotlts. .unless
authorized 70 do 20 by express law, and The per-
son Invested with such ptj,yer tn,,dt pursue with
preclsion tlc COURSE yfesstabe1 gY Tie law or hs
Report {2S) hstl expressed the same doctrine,
md l,hd been sustained In cases running through
tho English reports. twenty-five slatca bud
concurrcd If. these prfnciptea without syllable
TIC ieatii'!g euse IL ilfin"is: "The pr5cscss
prescribed by thc Revenue law arc Ct special
and sumtnnry Character, and contrary To the
course Of eola1non Inv. Tie ras.t mar often
any actual knowledge BY flIn, oi tho proceetl-
ings agatnst H.. 1t Is SOUND and ntc<lb!e rule
81 law that when special proceedings nrr au-
thorzcd by statute by which The estate Of one
every material provision Of the statute must ba
complied with. Tie owner llns tlc right 10 it,
siGt upon strict performance OF MI the ma
tcrial requirements and especially of those de-
sig,lel for h!s security, md tho nor-pcrfornl-
ance ot which may operate To ILLS prejudice"
This was by no mcana The first case; similar
nttcrnnccs occur In tile AEst Illinois Reports
(Dreeso Ef3) md III frequent tepvtItion from
TIN I'll now l!l1S!s bus nsgsr escn a.a tax
tecre were attempts TO overthrow tl.e princl-
pics Of Justice aud Of Inv. From MIME TO
Florida and Arkansas, every Court had treated
It ~ sclf-cvi!lcnt proposition, that there must
be law and that law n,llEt be complied with In
every substantial requisite by those charged
With Its execution, or mans property could
not be taken fruln him.
No State lal disscntetl from the doctrine. II
Dow ata.,f n
autrrmonts Of the law ought to be obcytd by
the officers Of the law who hre to take away q
man's proncrty without his conaent-
About f'1:rty yea5a sEo .crs w. SO little
10 careletsiy, making Investments In tax-hales
no precarious, TINT money could not be obtained
from those who hsd not pcraonal property on
which to levy. All the proceedings hal bcen by
existence Of any fact, and whose action was al-
why's subject 10 Impeachment in Court.
pew plan, IN which thrce classes united,
was proposed, namely: to haVo suit brought
ties, and Nil would be bo,,nd BY tLe decree.
One class consisted Of those who wished
70 collect the edvcuuc They fe,s that, by nants.
iaad.ovners that would compel them to pay:
Tic moving elass were ta1.blyers who eovctcd
| certain tracts Of land in the interior Of the
State, and desired 70 get them f9s al,nos.
uQtulilEs n tluEtl 4GQ lATEG ClA48 UGJlcVEU N}G
cnt,rtx ryonjl he hn1c.t anil would render iuifr
tacnt fpr notf1iur that wns not due, and this
! would form y conatant Enarl auplnst liberal
icvlea and unauthorized Of irregular action.
All these claasea were disappointed. Still the
principle IL 70 good opo tfxt 1t WIS catab-
| Isscd' by Tho new Constitution In 1870 that
| there should 10 no ealo OF lind for any tar or
assessment but on tho order Or Judgment OF
some court Of recorI. Tho intention OF such
r. provision ordained by the common
people ot the State 10 perfectly Sleas;;
They intendcd that thera :. should
t's no nnlawful tax ealcs- Such proceedings aro
highly penal IN their oleraton anti eul'seAuen
Costa arc charged Ut tue first step, and Il heavy
| pcnsltY attaches to tho sale or forfeiture. Tho
law intended that tho Court should examine the
taxes snd render an holcst and Intelligent tudg-
ncnt In ordering sale. False leylcs ~ very
replace money niisnppropratcd last year. Tho
directora OF scveuli school d1ttrcts have 1cy'cd
| double the percentage they were permitted TO
loyy %ithoYt sn election. II these thi9ys y.
Fenrcd on tho face OF the warrant the Collector
| wouad be tFcsspasser In enforcing the tax aud
II not 20 apparent, the officers who committed
tho malfeaianee would be chargeuble, Dut the
collector mules no levy Oh GOODS aud the court
| renders Judgment aud ordGrs the land to lio