Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-02-22

the federal legislature state PRIDE and State Rlgh
are the only shields protect them for the future
we among those who are for asserting and mail
tanning the unsubdued, and the other wholly III
, trammeed
: State ndependence-Taxing Power, Concur
E rent and C0-equal with the Government Q
the United StateS-eXcept as TO Imports.
In our last we endeavored to prove from cotem
| porary authority-the debates and opinions of som
of the leading spirits who were engaged in the for
nation and adoption of the new Consdtution-tha
the power to tax all produce and manufactures,
all property within the limits of the State, is an I'm
deniabe right secured to the States as well by th
very nature the letter of our Constitutional com
pact.-That over this subject-ezcept in the sin
gle instance of imports IN package or bulk, and il
the hands of the original importer-the State DOW
er is as complete and as supreme, as that of tn,
General Govemment.-Tha it is subject of in
ternal domestic police, over which the State ha:
unlimited Observation-Disclosures and absolute
We have heretofore insisted that this power should
be resored to in the present alarming state of North
ern aggression and assumption NOT only for the
purpose OF raising our revenue for the support OF
our State Government, from articles produced
abroad, so as to encourage the growth of manufac-
lures OF every description in our own State, and
for the encouragement of all the mechanic arts and
the diversion of capital from the growth of Cotton
but also to convince sister States of the North
OF our 1sdePendence at home-of our ability and de-
termination to look to them no longer for supplies
which we can produce as well as they can-of our
full conviction of the injustice wrong and outrage
by which for years they have sought to degrade the
character, and destroy the institutions of the South
We proceed now, as promised to short review
OF Judtcadt Declsions-which have been kindly fur
nlshed US by friend of the legal PROFESSIONALISM
by both the Federal and State Courts, ESTABLISHING
the power we have claimed for the States, beyond
all successful denial
Before proceeding to notice the cases more i'm
medlately bearing on the point under discussion
we Will notice few general principles settled by
the Supreme Court of the United States. which will
serve to strengthen and elucidate the positions we
have assumed
In the case of Stuart vs. Laird-1st Crancb r
Sup CT. U. s., p. goethe Court saws. ga 90.
construction of the Constitution, prac-
iced and acqulesced in for period of years. fixes
is construction-and the Court will not shake or
control it,
In Calder d. Wife VS.. Bull & Wife-reported in
I'd Dallas U. S. Rpts. p. 386,-Chase ]. saws.
II Is a selt-e0tdent proposition that the several
state Legislatures retain all the powers of Ieeisa
Ion delegated to them by the State Constitutions
'hlch are not expressly taken array by the Consti
ltlon OF the United States-(See 1st Wheaton's
J. S. r., p 3O4.)
he mere grant of a power to Congress does
OF imply a prohibition on the States to exercise
lie same power. - Sturges vs. CrowninesbieId
III Wheaton's U. s. R., p. 1872 t
1.-The Government of the United States can clain,
powers which are not granted to it by the Con- S
tuition either expressly or by necessary implieo
'n.'-( Martin vs.. Hsnter, 1st Wheaton, ps 304
$50 y
From the foregoing references we not only es- i
blsh the authoritative character of the cotemno Il
neous exposition of the Constitution, already 81 t.
i by us, but we also establish the limited cha ?
cter of the powers conferred on the General Go =
rnment and the extent of the powers retained by e
State Legislatures The General Government p
en- possesses no power except what is granted HI
pressy or by necessary Implication in the Fe- =
raj Constitution, the State Governments =,
We reserved to themselves all powers not prob;- Ct
ed expressly or by necessary implication. in the &C
ne instrument. fiji
Let us now proceed to examine the power of the OF
tie Legislatures to tax all property within their
pective limits-tested by the standard of Judi- -
authority. IN,
he first time this question ever assumed shane mi
Judicial cognizance, before the Supreme Court ga
he United States, was in the year 1917. The off
TX of the United States had lust been re-cbar. Gu
ID, after its expiration in 1911 The oppos;-
to 1t had been violent, and long continued = is
revival at this period gave rise to increased an ab
slty among those who looked with jealousy on -
growing tendency of the constructive. or ;nc; 90,
tai powers, of the United States Government pla
y in 1918 the State of Maryland, partakino of sto
excitement of the times, passed an act Ito i'm gee
tax on all Banks, or branches thereof in the i'a
e OF Maryland, not chartered by the Legsla- ticl