CHAPTER XI.

THE SOLE PURPOSES OF TAXATION.

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

lands or money to railroad companies--how can it lawfully collect taxes

from the people, either by direct levies, or in duties upon articles of

commerce, for the purpose of re-imbursing the government for the lands

donated to corporations, or to pay either the principal or interest on

the bonds given to these corporations? As well might congress levy a

direct tax upon the property of the people for the purpose of donating

to a private party sufficient means to build a residence; there is not

found in the constitution any warrant for either of such levies. Both

alike are unwarranted usurpations of power, not to be justified under

any grant of power from the people to the federal government. To admit

that the congress of the United States possesses the power to tax the

people for any purpose save for the support of the general government,

is to admit that the constitution is elastic, subject to any

congressional construction, and liable to be used as an instrument for

promoting personal and private ends. Congress had no power to vote

subsidy bonds to railroad corporations, as we have already shown; nor

could it release these corporations from the payment of these bonds, and

the interest as it accrues, and collect the amount from the people in

duties on imports, or in any other kind of taxes. No such power was

ever delegated to the general government by the people. This power

cannot be found in any part of the constitution. While this is true, the

people are now taxed annually to the amount of many millions of dollars

to pay the interest on the bonds issued to the Pacific railroads. Taxes

are also collected to the amount of $18,000,000 or $20,000,000 to pay

the interest on the banking capital of the country, the stock of a

gigantic corporation, chartered by congress, but in the hands and under

the control of private parties and companies. While the general

government, under the constitution, has the control of the money of the

country, and its coinage, value, etc., and can provide such means as

shall be deemed best for the administration of the national or public

finances, it has no power to enter into private banking; and because it

has not this power, it cannot create private banking institutions and

tax the people for their support. Any tax levied upon the citizen by the

general government for any purpose whatsoever, save for the necessary

expenses in the administration of the same, in all of its departments,

in accordance with the letter and spirit of the constitution, is without

authority, and violates the fundamental law. The levy of taxes in aid of

private corporations subserves none of the purposes of the government,

and is the exercise of a power not possessed by congress. Our position

is fully sustained by legal adjudications, and by the writings of

eminent jurists. Chief Justice Marshall, in his writings upon the

constitution, has considered this point. He says, on page 345 of his

work: "It is, we think, a sound principle, that when a government

becomes a partner in a trading company, it divests itself, so far as

concerns the transactions of the company, of its sovereign character,

and takes that of a private citizen. Instead of communicating to the

company its privileges and its prerogatives, it descends to a level

with those with whom it associates itself, and takes the character

which belongs to its associates, and to the business which it

transacts. * * * As a member of a corporation, a government never

exercises its sovereignty. It acts merely as a corporator, and exercises

no other powers in the management of the affairs of the corporation than

are expressly given by the incorporation act. The government of the

Union held shares in the old Bank of the United States; but the

privileges of the government were not imparted by that circumstance to

the bank."

If there exists any authority in the general government to create a

corporation for any purpose, it is in relation to the finances of the

country. The necessity of a fiscal agent of some kind would seem to

warrant the creation of a banking corporation. But, if the power is

conceded, it does not follow that the people should be taxed to provide

a bounty, payable semi-annually, to the private companies who are

engaged in banking, and who alone receive the profits arising from the

business. Yet the act of congress creating the banks provides for the

payment of semi-annual interest on the capital invested; and this

interest is collected from the people. All railroad corporations,

created by act of congress, are absolutely private corporations. The

insertion in the charter of the words--"to secure the more safe and

speedy transportation of the mails, troops, munitions of war, and

government supplies"--found in all of these charters, does not change

the character of the corporations. The grants are made to private

parties; the roads are under their control; they receive aid from the

general government, but in their own names own and control the roads,

and can, at any time, dispose of the roads and franchises, and the

general government has no power to prevent any action the companies may

choose to adopt so long as they regard the provisions of their charters.

No statesman or jurist of our country has at any time, until within the

last few years, claimed that congress could create corporations for

private purposes; on the contrary, in all of the earlier decisions of

the federal courts, it was uniformly conceded that congress did not

possess the power to create such corporations. Chancellor Kent, Chief

Justice Marshall, and other eminent writers, are all agreed that, under

the constitution, congress cannot create a private corporation. If

congress had no constitutional right to create railroad corporations,

how can it possess the power to tax the people to pay their debts? The

people are now paying at least $8,000,000 per annum in shape of taxes

for the purpose of liquidating the interest due from railroads chartered

by congress in violation of the fundamental law of the land. This large

amount of taxes is collected and applied by the general government in

payment of interest due from railroad companies, because the influence

of congressmen and their friends, in these companies, was sufficiently

powerful to override constitutional barriers, and to procure the passage

of an act enabling the parties holding the stock to pocket the earnings

of their roads and make good the deficit in their interest account by

taxing the people.

The whole history of congressional legislation does not present a case

of such entire disregard of the provisions of the constitution, and such

dishonest and corrupt legislation as is contained in the acts of

congress relating to the Pacific railroads. It is questionable whether

another instance can be found in this or any other country, having a

constitutional government, where legislators, by direct vote, have taken

millions of money from the public treasury and given it to private

corporations of which they were members and directors, and to make good

the amount thus taken from the treasury have provided _by law_ for its

collection from the people in the shape of taxes and duties! When we

remember that congress does not possess the power to charter private

corporations; that in so doing it violates the letter and spirit of the

constitution; upon what principle can it claim the right to tax the

people for the benefit of these private corporations? We repeat, no

country in the world, governed by a written constitution, offers a

parallel case. Not even in France, under the personal government of the

late emperor, would such an unwarranted act have been attempted.

We are aware that it is claimed that railroad corporations are public

corporations--and this granted, taxes may be rightfully levied and

collected for their benefit. But we do _not_ grant this, and shall, in

the following pages, essay to demonstrate that all railroad corporations

are private, being owned and controlled by private citizens, and not by

the state or national government. But admitting they are public and not

private corporations, the general government even then cannot legally

charter or control them, because the power for that purpose has never

been delegated by the states or the people; and it follows that the

general government cannot rightfully impose taxes upon the people for

the support of corporations over which it can have no control. If

congress can levy taxes for the construction and support of railroads,

and take the management and control of them, it certainly can take the

entire supervision of all the highways in all the states, provide for

their construction, and tax the people at will for that purpose. This

being admitted, no local or police regulation in any of the states is

exclusively under the jurisdiction of the state governments; but the

general government may at any time take the absolute control of the

governmental affairs of the several states, and thus complete the

centralization of power now so rapidly developing in all the departments

at Washington. The assumption of the right to tax the people for any and

every purpose that to congress shall seem expedient, irrespective of

constitutional prohibition, is at once destructive of the rights that

were supposed to be guaranteed and preserved to the whole people by the

constitution. If the will of those men who happen to occupy seats in

congress (and that will too often controlled by personal interest) is to

govern, then all constitutional government is at an end, and the liberty

and property of the citizen have no constitutional safeguard. Taxes to

the entire value of all the wealth in the country may be levied by the

general government, and the citizen of this republic holds his entire

estate at the will of the persons who fill the offices of the country.

Under the system of congressional legislation that now obtains, the

laboring and producing classes are being rapidly reduced to a state of

servitude that would grace the most despotic government.

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