Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-01-17
C0KEON THE BLAIR BILL
Continued from Third Poge.

tariff. Hence it is thst we have before
US . Dill EN- dying tie Republican idee
OF unlimited pow in tie national gov
eminent n 'na levy and collection OF
taxes, and qla;ly anllmiied power OF ap-
propristi ~; f. hill which utterly ig-
nores The diff renee b5tween mat.
ters Of STATE aud Of nstlGnsl iuris-
diction, and boldly se.Zes rni proposes TO
controi aGd administer g gTeas subject
heretofore universally conceded to be
within the soe aud exclusive Jurisdiction
Of the states l. Is true the bill provides
that no alate SHALL receive It's benefits, M
1 ess OF legislative bill! or resolution they
are accepted with the attending condi-
tiona, Inc share Of pon-consenting states
IL Inc appropriation 10 be divided among
those UBich shsll accept.
Taxation upCer ire constitution must
De uuit9Tm. The people Ct ell the states
must % taxed sliEe, and bear ?he buIten
OF raising tne money alike, whether the
states q which they are ciTZ5ns accept
the benefits of this ill Or not. So It is
apparent thxt the states ere not
free agents, and have not G
free choice in determining whether
or not shey will accept She provisions Of
the oil. II any safe shall decline to COR
sent 70 sn invasion Of aer urls d.c!ion in
tne mode proposed by this dill, q penalty
amounting tQ III iull sUm psid by htr
people II Rising the eevep'y-seven nil
lions appropriated by the Dill is laid upon
her fo- the ContumaCy. The provisions
Ot ths bill sra COe;civs upon the states.
Trey INST accept or be punished tor re-
fdssl y . hesvy fac IN She shape Of taxa
ton tom With they are TO derive no
oeLeG. TIE freedom CT choice, the IN
constrained exercise OF vClition and dis
erection necessary TO valid consent, ere
utterly wanting. Bet If every state in
the Union should consent freely, volun-
tarilg and without c5mpu'sion 10 the
terms ofthe bill, if the common schools Of
tie s.a are exclusively within state
Jurisdiction, and outside that e the
nati6nal government, aa I hold thgIa to
be, Snd as The Democratic supporters Of
this oil! admit, this consent could nor and
would noe Iightiuily confer jurisdiction
over them On the national government.
Tie r0@ers Cf Congress can not be en-
lare' By the consent OF the ststes, nor
can H1se Of the states be diminished by
the ii # Congress-. An amendment
20 the constitution alone can make thsee
changes. The states cannot consent to .
usurpstion Of their powers by Congress
any more than congress can righ'fully 90
into iSe reserved domain of the states
TIE powers gianted TO &, ngress and
those reserved to The states abso-
lu,ely fixed by the constitution beyond
the Eesch Or control Of either,
except by amendment of the con.
stiluIion in the mode required
in that instrument. What the constitu-
lion las ordained shall be kept separate
sud apart and distinct can not be mixed
and mingled, even by the Joint action and
consent Of both Congress and the states.
70 hold otherwise would be TO confess
that he constitution may be Dullified by
collision between Congress and the
STATES, Or charged without amendment
. the node prescribed by the constitu-
ton. a congressional majority through
methods Of this character would be ON.
nipOtent and the constitution become 9
dead etter.
! therefore hold, Mr.. President, that
the e0-CalIed option ten2ered to
The states in this Dill to accept or
not l-s benefits, viewed from any
standpoint whatever, fails to relieve it,
# passed, CT the character Of q
naked trespass upon the rights ard
GireCt and open uturpatIon Of tie
powers CT the states ia res psct to their
common schools. II the common schools
are uLder the sole and exclusive jurisdiC-
ton OF the states, as they have univers-
ally heretofore been held to be, and are
generally now admitted to be, hold it TO
De az indisputable proposition that the
national government has nc constitution
a. power 20 tax the people for their sup
port. II other words, maintain that the
power does not exist in Congress TO levy
and collect taxes from the people for the
purp Sc Of raising money to be expended
o. Obi cts outside Of the national iuris
d,c.iOH. Taxation and appropriation, to
DC legitimate and constitutional, must be
for public purpose, e purpose which il
Is he right and duty of The particular
government which collects and expends
the money TO effectua'e.
Says Judge Cooley, in mis- great work
On Constitution Limitations:
"The purpose must in every instance
pertsin toithe sovereignty with which the
tSX originates; it must be something
within its jurisdiction SO as to justify its
making provision for IT,"
Again, in the same paragraph and on
the same subject, he says:
"S.ate expenses are not TO DE provided
Tor by federal taxation nor federal ex-
penses by state taxation, because in nei-
ther case would the tsxation be levied by
the government upon whose public the
burden If the expenses properly rests
To provide for SUCH expenses would con-
sequel:ly not be purpose il which the
people taxed would be legally inter-
ested."
The same learned author declsres that
the object Of al taxation il 20 raise rev.
enue and that "the burden would not be
tsXstion If revenue were not the pur-
pose" What is revenue? It is money
raised by taxation fer the support of the
government, TO enable the government TO
car = on. and execute its proper consti-
tutiOnsl functions, powers and duties.
IL il is raised fer any ether purpose, or
&c be expended on objects not within the
Jurisdiction or the ia,r scope Of the pow
ers Of The government, the process of
raising il, says Judge Cooley, is not taxa
ton, but coIfscstion. These are ele-
mentsIy legal principles quoted from
Judge Cooley, over which there is no Cis
pute or controversy. All lawyers and
Judges CONCUR in their correctness. This
bill tested by these principles is urcon-
stitu ionaI, from caption to conclusion.
Is 1t proposed By this bill, which appro-
priztes 81. 000, 600 to be raised By taXa-