Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1880-01-29
THE COLUMBIA CANAL.

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lengthy criticism upon my remarks, made
10 the Senate 10 reference to the Columbia
Canal Bill, allow mo to say few words in
reply.
In the first place, would inform you
that although tho general features of tho
bill, which fnully passed the Legislature,
arc the same ns when my remarks worc
made upon its second reading in tho Senate,
many aud various amendments were made
thereto upon the third reading. The
friends of the measure become less conf
dent of it's fiual passage and struck out
somo of it's Objectionable features.
Again, Messrs. Editors, you are mistaken
il attributipg NY opposition to this bill to
any failure on tho part Of tho last, or the
proceeding Legislature, to do as much for
the completion of tho Blue Ridge Railroad
as for other similar enterprises in our Statc,
or to coy prejudice l entertained against
this property passing into the possession
of Northern capitalists. distinctly dis
claim the former motive and tho other
conclusion cannot lcgi,imotely be inferred
from anything suid
When this bill cumc up for consideration
in the Senate, motion was made to strike
out the enactiug clause of it. 1 voted
against this motion, hoping, rs l said in
NY remarks afterwards, that it would be so
amended that could consistently give it
my support. was willing to give to the
people Of Columbia, in their efforts to de.
vclop this greut water power, tho two hun
drcd nnl fifty convicts asked for, upon the
same terms aud conditions we were grant-
ing them to our own people, engaged in
building railroads and other similar enter.
PRISE but was not willing to discriminate
in their favor. The grounds Of my oppos-
ton, as will appear from careful reading
OF NY remarks, were that some of it's pro-
visions were unconstitutional and others
unequal aud unjust, and therefore vioIatve
IF pure Democratic principles. thought
80 then, und have failed to sec anything
in your criticism to convince me of nv
error.
You arc good lawyer, md would un-
hesitatinaly accept your conclusion as to
the constitutionuity Of the measure, if tho
language of our Constitution were less
pain than it is is; but Mcssrs. Editors, |
must still think that it is too plain to admit
ofa reasonable doubt. Whatever diversity
of opinion may have existed heretofore as
to the power of the Legislature to exempt
property from taxation, other than that
which is specified in the Constitution, there
can not be any now, since tho decision of
the Supreme Court Of tho United States IN
reference to the liability Of tho Air Line
Railroad to pay its taxes. The Legislature
of our State, directly or indirectly, pro-
posed to cxcmp, the property from taxatiou,
aud the Circuit Court of the United States,
Us we'll as our own court, | believe, held
that it was not liable. The Attorney
General, however, appealed from these del
cisions and in arguing the ousc before the
Supreme Court of tho UDitcd States, took
The ground that tho Legislature had no
power under our Constitution, to grant the
exemption claimed. Upon this ground,
and this alone, according to his own state.
mcDts, the decision of the court below was
reversed and the road made liable for
tnxes. IF the Legislature could not exempt
the property of this railroad corporation
from taxation, it clearly cannot exempt the
property of this canal corporation. The
old doctrine that corporations could have
more rights than the individual citizen has
passed away. Now, if our Legislature has
no power to do what Section 10 of the bill
proposed to do, was it not mistake to at
tcmpt to exercise such power? You will,
l am sure, agree with me in saying overy
act of tho Legislature, repugnant to the
Constitution, 10 absolutely void. ''Tho
CONSTITUTIONS" to use the language of one
of our most learned Judges, 'is the origin
and measure of Legislative authority. 1t
snys to the Legislature, thus far
shut thou 80 and no farther
not particle of it shall be shakcn-not a
pubble shall be removed II ia their cnm
mission, and therefore all their acts must
be conformable to it, or else they will be
void"
AS to the plan which has been adorted
by our Legislature aud which meets your
approval, OF evading the Constitution, by
collecting taxes, and then turning round
and paying them back, incorrectly termed /
a "relative." must say that it is in my
humble judgment not onls dangerous but
the most absurd Of all absurdities, It may
hold good, as long as tho parties can keep
out of courts, but like tho scbemcs and
devices rcsortcd to by individuals TO evade ,
tho laws against usury, rctuiling spirituous
liquors, &c., will fail before the judcial
tribunals OF our country. The Legislature
being Us havo said, tho creature of tho
Constitution, whish is tho work of the
people, If it can by any devico evado that
Constitution, then tho creature becomes
greater than tho creator, the absurdity of
which, when carried out to it's logical ooD-
sequences, must be manifest to oil. The
Legislature, it is true, can appropriate the
money of the people when it acts within
the scope Of its authority, but / canuot
admit its powcr to defeat the vii, of tho