Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-15

o uphold, and protect, All institution which il |
lad creatod-lt the uation in the creation OF
his Institution, nIis-eXerciSed its power, then
I ought not to attempt TO uphold and protect
I nor can II, by any legitimate effort, do So
IL however, the power Was legitimately eNer-
cIsed in lis creation, which IN Tins part of the
ease is hypothelically admitted, then the argu-
ment ~ that the state shall not use ITS Iegiti-
mate taxing power, least II should abuse it
AN Argument which when applied 10 individual |
transaction, leads TO paralysis and merton, |
aud is eN-consequeute, uuavailirg. The power |
TO do good is throughout all agency except that Of
solus perfecuon the power Ia do evil, IL the power OF
acuon were denied to all no Cvud not peryeT it, del
~ alone csuls But the duetine upon which the
agency OF the world hangs is the very TevtTset that
the pow possessed may be used subject 10 the res
possibility OF the agent for ITS abuse, and Il is upon
this principle aon. that have notion Of
uloIals. aud Of rewards and pnnisbmeutS. But sove
reisntS has fictitious perfection, and purify which
must be taken reaI aud which oaunOt be conlrovet
ed, aud of the abuse OF its power cannot be
imputed To sovereign la restraint Of It's legitimate
enc g'es the maxim thar the king eau do no wrong is
not an idle device OF roI atty formed to amuse or be
gnne the multitude, nor Is inc correspondent maxim
that the voice Oi the people is the Of God the
offspring of the damagogue's brain they 10th just
inieIences dra"n from the most profound views OF civ
poIlc> aud hiusrae TIE position advanced ia relation
u the purity and perfection OF sovereignty. IL is not,
that the King in monarchy. or the people a demOc
racy, eau de- ~ wrong-for knew they are men, and
Of course partake of the faies from human
nature as men, they err frequently and egtegOusly.-
bnl II is the sovereignty with which they invested,
aud IN which they merged that is incapable OF error
and this incapacity in the sovereign To is matter Of
necessity There is no tribuaal before which The
Teign can be arraigned his conduct examined his
and delinquenees detected those
eu and he punished SoNereignt therefore whether dis
page IN the march, OF the multitude has necessarily
this pHtGfiVe perfection and is OF necessarily
irresponsible. Upon this purity and unerIng character
sovereignty, depends all the Jurisdictions which
exercised IN the governments throughout the VERDI
Government could upon other hypothesis.
u then il is admitted (and thInk il mustl that the
states sovereign, aud TO taxation with the
rs InpOsts J ordinate with nation
the argument is utterly iDadmssible. But il is mad
missibe in other views Ma, not The states tax other
subjects more than they eau beai-to destroying
Tent aud thereby diminish the Of The nation
and What security is there that they will not Other THAI
Is TO De found IN the pHtdtiUe wisdom OF sovereignty
Bu' the argument that the state may abnse tue taxing
power to tue destruction OF the subject taxed involves
nor only the impfupicty OF ascribing error, weakness
and wiskedness to sovereign But the farther impro
piety OF ascrbing to OF two ordinate soveregns
,hls complicated raliy, and TO the other total ex
eupon from ii anu what is still asserting for
This other, he capacity and tight OF experimenting
and restraining that from vicious and eratic action
and thai too worst OF alb by deny to il the OF
action The argument is predicated upon the
ascrpon IT, the of little less absolute idocy
of the folly of destroying the sources OF their nutT
ton and enanue folly which involves the wicked
ness of suicide, unless indeed the subject should be
come barren. In that case wisdom would recomm no
ITS destruction. Nature abhoTs st-rity. Christ cnst
the barren liz tree, and 1t wiihered Immediately.
But Ihe argument is erroneous in the as
sumption OF the fact, that the nation created
this capitalize nation created the derice bV
which tue capital was drawn into the ,cults of
that ottce bnt the money pre-eXisted the de-
vice. and was i'll its pre-eNistebt character,
subject TO taxation by the state wherever II
was found therein That money i'm The vaults
OF chartered banks is fit subject for taxation
has been evnced by the natiou-Ihe capital
IN the vaults OF the banks. in every state have
been taxed by the naton-even that which
belonged exclusively TO the states, and that
too by a tax laid upon the corporate agency
OF the banks. Now if the nation md states
are coordinate SoVereigns, as to the power of
taxation. the taxing power which the former
may exercise wilhlnlts sphere, the latter may
exercise within their sphereS-and If there
be any thing in The argument now used il
might then have heeu used ny the states sue
ceSstully-they mr. Int have urged Tue sane.
tlty OF The corporate character, and the neceS-
SnTy fiscal agency, of their banks They might
have also urged that the stock therein, at
least that which belonged exclusively TO them
Sh"u'd ne exempt from taXaiIou-They mi hit
lave superadded that the cation bN taxing,
might destroy their fiscal dpvices-But the ma.
uon, DIS 1t CONSCIOUS that those arr umeuts were
uHavalIng imi osed and coll, cted the tax
thereby asserting practically that neither the
corporate character of the device, its utility
TO the states as fiscal AGENT, nor the money
III tile vaults thereof, were, or ought TO be eA-
empt from taxation by the nation Ii NAV
therefore be safely asserted, taking the states
aud nation To be coordinate soyereigus as TO
the power OF AVIATION, upon the authority OF
The lsiter that haukS may be taXed-Ihat mo-
ney employed IL banking BY the states, may
hr taXed,'n common with that so Employed by
u uISiduas and we have no hesitation in saw
IN hat IT money thus employed by the states
may lie taxed by the nation, money SO employ
Z" by the ration, within the states, may be
taAet by ihtn. And hence we wonid infer that
ne money employed by either sovereign, with
IN The sphere OF the oiAer, IL banking or any
Saintul pursuit, losrsIts character OF reUenue
Is no longer tar, is money, and may be taxed
ny the sovereign, within whose circle IT is thus
empiyecd.. I'VE think it obvious that ali
subjects of taxation not surrendered by the
states 10 the nation exclusively. may be
taxed by both conCuTrertiy-Iha heither
can withdraw any of hose subjects from taAd-
ton by the other. That eItker can pretermit,
or select such OF the subjects aforesaid as ii
may choose and tax them at discretion-The
power OF obsiincung or enjOintug implies SUI
peIlorIty 90 the part Ofthe eujOiuiDg, and sub
ordination ON the part OF The enjoned. But a
subordinate sovereign cannot exist even in
luea--lt is n contradiction in terms-it the
energies OF the supreme power of a state,
can be arTested-by any judicial officer of
the nation.....If the turing pOrer. OF the
states can be thus arrested Then are
lhe sentiments, which have been entertain
ed, III relation to The sovereignty Of the states
erroneous DIS IilusorN the states may he SUBJ
Jecis-ihey Cannot be agents. While they
subS,ryc the views, or the wishes of the ma
tJnal government they may sOlaCe themselves
with Tie belief that their agency is sovereign;
Dut When they coniraVene those views. OF
wishes, they may be awakened from the fiat
ie'lng illusion, OF conscious sovereignty, aud
reduced 10 tie stale Of degraded vassals, bS
wilt u pr0hGition or injunction, awarded by
any Judicial a. eat Ofthe nation And this TOO
III relation 10 every taxing effort which they
may attempt For it they may be enjoned
from collecting a tax on money they may in
nike manner, and upon the same principle, be
restrained from collecting taxes upon lands,
houses, and other taxable property, under the
prtteXi, that those subjects ate taxable bV the
nation. and will not bear the tax, exdcted by
tie nation, IN addition 10 that abOut 10 be coli
lecied blythe states. That neither the states
or tile nation can tax a corporation lawfully
created by the other, is a position too obvions-
ly clear to require illustrations For we must