St. Paul daily globe., 1890-10-26
THE TAXING POWER.
A Lawyer Discusses the Uncon-
stitutionality of the Tariff Law.

A Lawyer Discusses the Uncon-
stitutiOnality of the Tariff Law.
To the Editor of the Globe.
There Is, perhaps, no one of the powers
conferred on the federal government SO
liable to abuse as the taxing power. The
most productive and convenient sources of
revenue were necessarily given to it. that It
might perform the important duties imposed
upon 1t; and the taxes which 1t Jays upon
commerce being concealed from the real
payer in the price of the article. they did not
so readily attract the attention Of the people
as smaller sums demanded from them d.
sfectly by the taX-gatherer. But The TAX
mposed on goods enhances by SO much the
price Of the commodity TO the con-.
Surner; and as many of these duties
are. imposed on articles of necessity
which are daily used by the great body
of fhe people. the money raised by these i'm
posts is drawn from their pockets. Congress
has no right under the constitution TO take
money from the people unless it is required
to execute some of the specific powers in
trusted TO the government; and il they raise
more than Is necessary for such purposes il
IS an abuse OF the power OF taxation, ane un-
Just and oppressive. 1t may indeed happen
tfiat the revenue will sometimes exceed the
amount anticipated when the taxes were
laid. When, however, this is ascertained. it
Is easy to reduce them; and, in such o case,
itsis unquestionabiy the duty of the govern
msAt TO reduce them. for no circumstances
can justify 1t in assuming the power not
given to it by the constitution. nor III taking
away the money Of the people when it is not
needed for the legitimate wants of the gov
ernment.
Plain as these principles appear TO be- you
will find that there is constant effort 10 in
ducethe general government 20 go beyond the
limits ofits taxing power ana to impose un-
necessary burdens upon the people. Many
powerful interests are continually at work to
produce heavy duties on commerce and to
swell the revenue beyond the real necessi-
ties of the public service and the country has
already felt the Injurious effects of their com
bined influence. They succeeded in obtain
ing tariff of duties bearing most oppressive
1y on the agricultural and laboring classes of
society and producing Il revenue that could
congress. and. in order to fasten upon
the people this unjust and uEequaled
system of taxation, eXtravagant schemes
OF internal improvement were got up, in
various quarters. 10 squander the money and
to purchase support Thus one unconstitu-
tional measure was intended 10 be upheld by
another, and the abuse of the power of taxa
ton was to be maintained by usurping the
power of expending the money il inter nal
improvements.
But, rely upon it. the design to collect an
eXtravagant revenue, and to burden You
with taxes beyond the economical wants of
the government is not yet abandoned. The
various interests which have combined to-
getiier to impose heavy tariff, and to pro-
duce ali Overfiowing treasury, are too strong.
and have too much At stake, to surrender the
contest. The corporations and wealthy in
dividuals who are engaged in large manu-
featuring establishments. desire high tariff
to increase their gains. Designing polticians
will support to conciliate their favor, and
to obtain the means of profuse expenditure.
for the purpose OF purchasing influence in
other quarters: and since the people have
decided that the federal overnment cannot
be permitted to employ its income IN internal
Improvements. efforts will be made to seduce
and mislend the citizens of the several states
by holding out to them the deceitful prospect
of benefits to be derived from the surplus
revenue collected by the general govern
ment, and annually divided among the
states.
There is but one safe rule, and that is to
confre the general government rig dly with
in Il sphere of its appropriate duties. 1t
has lru power to raise revenue or impose
taxes. except for the purposes enumerated in
the constitution; and II its income is found
to exceed these wants it should be forthwith
reduced and the burdens of the people SO far
lightened. s.