Monopolies -- United States; Railroads and state -- United States
Taxes can only be levied, and collected, for public purposes; but all
the property of the country can be taxed to its entire value, when the
public good requires it. The exigency demanding high rates of taxation
is left to the determination of the legislatures of the states, and of
the general government. No taxes can be legally levied or collected save
for the support of the government, state and national, and subject to
the restrictions incorporated in the constitution. All other taxes
imposed upon the people are unconstitutional, illegal, and oppressive,
and should be declared absolutely void. Direct taxation, for the support
of the general government, has never been practiced in time of peace.
The usual method for raising a sufficient revenue for its support has
been by duties, or tariff imposed by acts of congress upon imports. This
has always been deemed the best method for raising the revenue necessary
for the support of the government. The powers and duties of the general
government are limited and restricted by the constitution of the United
States; and as its legislative, executive, and judicial powers are thus
limited, it follows that its power to impose taxes upon the people is
limited in the same manner, and that it can tax for no purpose save for
defraying the expenses of its different departments in the exercise of
the powers delegated by the federal constitution. This conceded, all
that can be claimed by those who administer the affairs of the nation,
unless they transcend the constitutional limit, is conceded. The power
to appropriate the lands or money of the public to private parties or
corporations not being found in the constitution, nor implied in any of
the granted powers, all such appropriations are usurpations; they are
donations of the people's money and property to private corporations
and individuals in violation of the constitutional restrictions; and no
authority is vested in congress to tax the people, either directly or
indirectly, for the purpose of making return of the money and property
thus wrongfully taken from them. A private corporation is not a public
necessity; its franchises are private property, and even if the United
States owned the whole of its stock, and took the entire control of its
business, it could not become a public corporation, for the reason that
congress does not possess the power, under the constitution, to create
private corporations. The fact that the United States owned the stock
and controlled the corporation would not impart to it any of the
attributes of sovereignty, but in so far as the general government was
interested in the corporation, it would be treated as any other private
party, and would be amenable to the same law and subject to the same
jurisdiction as private parties or individuals. If the action of the
general government can confer none of the attributes of sovereignty upon
a private corporation--if it has no constitutional authority to donate
Public-domain text, read in full here on John Shaqi.
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