Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-03-08

hPos T. Aid not apply to the right OF taNat.on III
o;tber sovereignty, the taxing pow oes nrco pr
arate mower from the regulation OF commerce
anu gbt of taxation in the States remaining over CO
@ subject where it before existed, with the excep lie
,ion only of those expressly prohibited: .,
This construction, given by the Federaiist was
gn;zed as the true one and affirmed by this court IL
in the case of Gibbons V. Ogden, "heat. 2ol. il
'be massacre upon this subject is clear and torclble
that quote the words used in the OPINION OF tne court
which was delivered by Chief Justice Marshall ~
in separate clause he says 'of the enumera
t;on the mower to regulate commerce is gwen, as penny
entirely distinct from the right to levy taxes anu
posts and as being new power not before oo
The Constitution then considers those Po"1l ~
toptve and distinct from each other, anu SO Pl"eea
them in the enumerations it contains; Inc pow VI
imposing duties imports Is casseo WIN I'o
to lew taxes, and that seems to De It's
But the mower to levy taxes could never pe oohso
~ h;dginr the rights of the Staes on that suolect
and they might, consequently have eHerciSeu ~ ~
lavvng duties on imports or exports, hao he ~,
zion contained no prohibition upon the SUBJECT lh
b;bit;on then is an exception from the acknowl-
Jd mower of the States to levy taxes, not from inc
Questionable power to regulate commerce.
With such authorities to support me- 70 10y
and explicitly stating the doctrine, IL c'hio' NC 9
sarv to pursue the argument turther' .; 20
NAV therefore safely assume that' accoluhs ~
tho trpe construction of the Constitution the power
rrop+ed IN Congress to regulate commerce uu ilo' "
- abr;dere the mower of taxation in the States;
d that they would at this day have the rlght 10 taN
the merchandise brought into their ports ana harpor
bv the authority and under the regulaloho Vi
had they not been expressly prohlpi'eu.
..Tbev are expressly prohibited from laying any uu
ON inports or EXPORTS except what may be absolute
" necessary for executing their Inspection ~ t
aso nom roy 7r,yyoerce i restrained, but no farther
t M PV" to all the rest: and if the money demande
i tax upon commerce, or the instrument Ut Nent
f nnerce II furnishes objection to 1t unless II
I,ty m in,n3r-s or Tonnage duty, Tor these aohe al
r.. ,;.'dan"
......s. 81 ,-sr.. .. ENr-H5 !. D'veran
I'd Tt,T.., Euefr il 4
IL ba-tt Aa" l.~fe''@. b. p
.ru,lg aI.a passion 90 .-'s ~'.'
.-......,.... ..y anon i,,u-rsnl dealers I'D JS"t
.f. Constitution OF she
fEs Is .-s -ei-7 - t,-. f.,,, II
States. although tae leNeiiH may NV >.
v.-.l from another State. HE IiAvi Jus"
says.
But ID this tourt oisalheT question 10 rs -
which j. %. more Importance DIS ID '@-'' ~, :
into the power ol ,Aa Legislature - -, 'iP'o Of
,.:+bar on merchants pedlarS. lie NtIuo -
second section are, that every person M n',r n
die in any county, goods not % ih3 Sto"
tacture OF this State, any wooden GloINs, u
machinery materials thereof, "h!o" Si III
the manufacture of this State. or Je'oery' "nt t;
chnerv clock shall be mdhuI'''o ~ - " or
not Of the Growth, produce, or manulactuiG "
State shall paw of twenty collars .m
s+o+es that the articles retaed by the pialhLhi'
articles of iewery, not manufactured IN TINS Sta'G
imported into it. Upon this the question nas
made whether tax articles lmPof'eu ln'o
S+a+c or ON the dealing in them, or a law reqnl
tho rrrcbasa of a license to deal in them, De not
r,ronant 70 the provisions of the Constitution Vi
fTnitcd States that no State shall lay any mp
- J,,tios' ON imports or exports, except what sha
tL+oI,, necessary for executing its inspection Id
L. Cnrras: shall have power to regulate
anu 'li". - firn nations and among the SCI
tnel'0 WI" WI - 7ho Indian tribes
'0'"' A., Court is NOT under tn
Upon TINS ques'loh, Vne ;riraI t,;pws of their
GeSsley .. no Gliy decided by the opinions of tn