Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-03-23

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very terms OF this argument admit that
the sovereignty OF the state, in the arti.
Gle OF taxation itself, is subordinate 10.
and may be controlled BIS, the cons,iiu-
ton Of the United States. How far Il
has been controlled by that instrument.
must be a question Of construction. In
making tins construction, no principle
not declared, can be admissible, which
would defeat the legitimate operations of
supreme government. Ii IL Of the very
essence oil supremacy 10 remove all oh
stacleS 10 lis action Within lis own sphere,
and SO 10 modify every power vested in
SuboNindte governments, as TO exempt
ans own operations from their iaflu-
ence. thus eject need not be stated in
terms. II Is so involved in The declara-
iion OF supremacy, SO necessarily implied
IN II, that the expression OF il could not
| lnakelt more certain. We must, there
( fore, keep il in view while constituting
the constitution.
The argument ON the part Of The State
oil Maryland Is not that the states may
directly resisia law O! Congress, but That
they may exercise their acknowledged
powers upon II, aud hiatt the constitution
leaves them tins right in The confidence
that they wlll not abuse il.
Before we proceed 20 examine this ar
Sumehi, and IN subject il 10 the test OF
ine constitution, We must be permitted 10
Desiow few considerations on The ud-
lure aud extent OF this original right OF
taxation, Which is acknowledged 10 re-
mann with the states. Il Is admitted thale
the power OF taxing The people and their
property Is essential 10 the very exist
ence OF government, and may be ieglii-
mately exercised on the objects 10 Which
II Is applicable, 10 the uimos, extent to
winch the government may chuse 10 carry
II. he oniy security against the abuse
oi inns power, Is found IN the structure of
The government itself. In IMPOSING lax
he legislature acis upon itself and upon
ITS constituents. THIS is i'm general
Suihcieni security against enormous and
oppressive taxation.
The people Of a state therefore, give 10
Their government a rIglN oitaXiug them
selves and their property, and Is the ext
%encIes at government Cannot be limited,
ihey prescribe Hn limits To the exercise of
thls right, resting confidently ON the M
'erest OF the legislator, and ON Tie infiu-
ence OF lie constituents over their repre-
sentative, 10 guard them against lis abuse.
But lie means employed by the govern
meni of The Union haven0 such security,
nor Is he right Of state to tax them sus.
tanned by the same theory. Those means
are not given by tie people of a pariicu-
lar state, not given by the constituents
Of the legislature which claims The right 10
tax them, but by the people OF all the
s'aies. They are given by all, foT the
benei1t OF all and upon theory, should
be subjected 10 that government only
which belongs to all.
II may be objected TO this definition
II. u
To The people and properly Of a state. 1t
may he exercised upon every object
bruugh! within It's jurisdiriion.
Thus is true. But 10 what source do
we trace this right? II is obvious that il
Is an incident of sovereignty, and is CO.
extensive with that To which II Is AN inci-
dehi. All subjects over which the sove-
reign power OF d state extends are objects
oI iaHalion but those over which it does
MOI extend, are, upon The soundest prin-
clpits, exempt from taxation. This pro-
position may almost be pronounced self
evident.
The sovereignty ola state extends TO
every thing which exists by IFS own an
monty, or Is introduce by lis permits
sion, but does II extend a. those means
which are employed BY congress 10 carry
INTO execution powers conferred on that
Dody by ilie peorl OF The United States
we lhIuk II demogstrabie jlaIii doas not.
ihose powers are MOI given by the people
Va single state. They are given by ihe
people OF me United STATES TO a govern
meni whose laws made I'm pursuance of
me constitution are declared 10 be SUI
pIeme-conseque Tie people of a sin
Gle. stale cannot confer soyereienty
which vii extend over them.
IL we measure The noMer of ,av,tior
residing IN stale, by tie extent Of sove-
IeiS"iy which the people of a single state
possess, ana can confer OF. lis government,
we nave an IllegibIcsIandard applicable TO
every case towlich The power MAY he
apPhed. We have a principle which
leaves the power of taxingthe people and
property OF a state unimpaired which
leaves to Il state the command Of all lis re-
sources end which places b, yond lis
reach, all those powers which are confer
red by the people Of the United States On
the government Of Tie Union, and all
those means which are given for the pur-
pose OF Carrying those powers into exc
cuiion. We have "a principle which is
SAFE loT The siaies, and safe for tie Union.
We are relieved, as we ought 10 be, from
ciashing sovereigniles, from interfering
powers from d repugnancy between a
TiPht III one government to pull down,
mat there is AN acknowledged right III
another 10 build up from The incompat-
ibIiity OF d right IN one government to de
stIoy what there is a right in another 10
preserve. We are not driven to The per
picking enquiry, so unfit for the judicial
department, What degree of taxation is
tue legitimate use, and what degree may
amount to tie abuse, Of lie power. The
attempt TO use il or the means employed