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Veritas et Sapientia – The Greatest Argument Ever Made Against Congress’s Taxing Power

todayApril 18, 2016 2

Background

Mandeville, LA –  [Editor’s Note: The arguments in the legal case were heard in the “middle Circuit in the Virginia Dis- trict”2, Richmond, Virginia, on 27 and 28 May 1795, and in a rare twist, Taylor was al- lowed to argue for defendant Daniel Hylton first 3. Taylor’s presentation lasted all of the day, that was 27 May, and the beginning of the next. – Mike Church ] “If this carriage tax, and the excise, so far as it taxes stills and liquor, kept and made simply and extensively for a man’s own use, are to stand as expositors of the Constitu- tion, this fundamental principle is gone for ever.

The excise is a precedent, enabling Congress to intercept such a portion of a man’s victuals, drink, and cloathing, the fruits of his own manual labour, as they may think proper—and under that of the carriage tax, every other species of property, is exposed.

Thomas Jefferson & John Taylor knew Congress's taxing power was limited
The greatest argument ever made against the Congress,’s sweeping power to tax. Edited by Mike Church

Of what avail is the principle of proportion, or in what manner is Congress con- trouled, if a majority can select states and tax them exclusively, even up to famine or nakedness? If the burdens of government may, without apportionment, be imposed [even] upon the rice and Indian corn of the south, or the cyder and fish of the north, which is in- ternally consumed? If the tooth of government may bite unequally, by the rule of its favor and partiality?

A reference to the progress of the excise in England, will illustrate this insatiable con- struction. It commenced about a century past, and has since glided along until it has min- gled its poison with almost every human enjoyment.

Its ravages have already been extended to beer, ale, cyder, perry, metheglin, mead, strong water, aqua vitae, coffee, chocolate, tea, sherbet, bearibs[hearths], stoves, soldiers, sailors, annuities, pensions, stipends, serjeants at law, counselors, advocates, physicians,  servants, dukes, marquis, earl, viscount, baron, baronet, knight, esquire, gentlemen of £.300 a year, ecclesiasticks, and [12d] on polls, coals, bankers, 2 lenders of money to gov- ernment, officers and their deputies, agents, clerks, secondaries, substitutes, ministers, 3lands, houses, parks, obaces [chaces], warrens, woods, underwoods, coppices, siblings [fishings], tithes, tolls, 4 personal estate, law proceedings, mum, vinegar, salt, vellum, parchment, paper, burials, births, marriages, batchellors, widowers, bottles, glass, [culm, cinders, low-wines, spirits, sweets, distillers, molasses, brewers, verjuce] wash, tilts, yeast, sugar, 5 wheat, rye, barley, beans, pease, bread, biscuit, meal, starch, oatmeal, 7sew- stelb [flesh], cocoanuts, cocoapaste, pictures, muffins [muslins], haukers, pedlars, can- dles, money given with apprentices, leather, hops, hackney coaches, chairs, bills of lad- ing, almanacks, wine and ale licenses, cards, dice, snuff, soap, pasteboard, mildboards, scaleboards, silks, calcines [calicoes], linens, fluffs [stuffs], new writings, pamphlets, newspapers, advertisements, gold and silver wire, policies of insurance, marriage licens- es, plate, herrings, prophets [papists], victuallers, retailers of beer and ale, windows, lights, carriages, wine, tobacco, brandies, distilled spirits of every kind, hair powder, all artificial wines, sweets of every kind, malt, hops, advertisements, horses, attornies, gloves, hats, shopkeepers, medicines, bills, receipts, partrides [partridges], &c. &c.

And this catalogue is probably far short of the real number of articles excised in Eng- land, as I have had no opportunity of referring to the acts of parliament passed during the greater part of the reigns of Geo. 2d. & Geo. 3d. an era prolific in taxes.” – John taylor of Caroline County, An Argument Respecting The Constitutionality of The Carriage Tax

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TheKingDude
Host of the Mike Church Show on The Veritas Radio Network's CRUSADE Channel & Founder of the Veritas Radio Network. Formerly, of Sirius/XM's Patriot channel 125. The show began in March of 2003 exclusively on Sirius and remains "the longest running radio talk show in satellite radio history".

Written by: TheKingDude

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