Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-04-02
sPREcai OF MR FISCK.

ta1 0'n af P0ristoRs fdTing Uhtted Slate
stocks, and 10 report snilabfs provisions "a
emPiiHg from iardfiOa tie bonds of Ohio is
ssed under lops by vhich ne IAN Of "A,
SiaIs pas pledged aga'nsi hsif tardiion.
Mr.. President have Offered ibis resolution
lof instructions through sense Of dniy which
feel called upon 70 discharge. and | desire her,
TO sssIe once for al, that il offering this reso
luton disayow any partisaa design or inhu
ences. regard the question Of taxation as one
that should be placed over aud high above al
mere party considerations OF moIives. am
nov and ever have been ia favor Of the general
principle oftaxing al property according 10 i,s
srue value in favor Of The principle that every
citizen shodld 6s held bound 10 contribute L
the support Of government in proporioe 70 the
protection thai government affords and provides
for him lwould, however, exempt from tax.
alton public properly used exclusively for pub.
!ic purposes; our schools, colleges and universi.
ties: our charitable and benevolent institutions;
our religious houses, devoted TO religion aud
public worship; the gravo yards where repose
the sacred ashes Of the dead; but all other
property, except that which the law or lmpera.
tive public policy and necessity required 10 be-
exempted, | would TAX. And | also desire 10
say that in supporting the views have embod.
led in the resolution OF Instructions, | have no
desire TO screen any person or corporation from
legitimate aud constitutional taxation. Neither
do wish to use any OF those thread bare ex-
pressions about the "rich and the poor" am
a poor man myself. My sympaihies are and /
hope ever will be with the people; buI do no,
I like 10 hear distinction made between the
poor and the rich. Ii should not exist 10 a re-.
publican government. take il thar every
freeman in Ohio is patriotic and will do his du-
ty. But | stand here to defend position which
| feel called upon as Senator on this floor TO
defend. loppose the taxation Of the bonds OF
tho United States, or the investment in them
TOR there is no difference in the principle iu.
vOlved between ihem) because believe such
a tax unwarranted by The laws and constitution
of the United States. hope Senators will bear
with me, while briefly refer TO some Of the
arguments and authorities in support Of my po.
sition.
| | hold, Mr.. President that the State of Ohio
-lhat no Stale Of this Union, has the right to
impose taxes upon any Of the constitutional
means employed by the United States TO carry
out or execute any Of its legitimate powers:
That. by section Of the ST article OF the con.
stiiuIon ofthe United States, Congress is EN-
powered aud authorized 80 borrow money on
the credit Of the United States" Can YOU. as
State, impose TAX upon the stocks or bonds
Of the Uuited States, issued by virtue Of this
constiunonal provisionl Have you the powsr
70 'impose and borden 10 any manner. the con.
sli.udonal laws enacted by Congress. to carry
into effect the powers vested in the national
government" claim you have no such pow.
er-no such right. To sustain the proposition,
lha. we have such power, would al once strike
at the existence Of The Union. We cannot
have Two supremes; ;-eilher the Siales musI be
subordinate TO The United States in is constilu.
IionaI and legitimate sphere, or the United
States must be subordinate to, and controlled
by the separate States. There must, OF neces-
", exist but one supreme power, and that su.
preme power must control every other power
repugnant 10 it. The States have certain
rights and powers, over which the sovereignty
Of the Stale extends, and the power Of the ia.
dividual State TO tax, must be measured and
controlled by its sovereignty. The Stale can
not exercise her power Of taxation beyond her
own borders, but must conins il 10 her own
territory, and the properly situated within hes
jurisdiction. Neither can she tax the means
used by the general government, 10 carry ou,
and effect legitimate objects Of government
Did this power exist in the States, there would
be OF necessity, an unfortunate and dangerous
conAcI Of sovereignty, between the separate
States and the national government. When
you once succeed in firmly establishing the
right Of the State 10 TAX, or Otherwise impede
and burden the means used by the national
government 10 carry oal its constitutional pow.
ers and duties, you establish principle, by
which you assert the right TO annihilale and
destroy the very existence of the Union.
Admi.lhe principle and right Of taxing the
stocks and bonds of the United States, yol, Of
necessity, admit and asser. the principle and
right orthe Stale to tax any and every olher
insItumen. mRde use Of by the General Govern.
men. in its legitimate scope in the execution Of
is powers, and thus entirely defea. the PurPo'
ses Of Government 3r
But ! regard the posi.ion maintain as set
tied BY the highest Judicial tribunal known 10
The laws Of the country, The Supreme Court OF
lhe United Slates-R couV. which sns in judge.
meni upon Questions in which States are par.
ties, and the Interests ofmilions Of lreemeII are
involved d-a tribunal 10 which every citizen Of
our beloved coumry looks with confidence, and
regards rs sheet anchor of salely in which
The riehu Of .be people may be preserved in
.ha. dark hour, when, BY political Or sectional
strife, our noble fabric of Government may be
shFea.eAed and shaken. Sir, the American
people respecs and ! humbly and devouIly
pray they ever may resPec. The decisions Of
this, the supreme judicial deparmen. Of the
Goverumea,. do net wish TO be misnnder.
stood. A would not oppose the provisions Of
the bill under consideration because am over.
awed by this Supreme Cour. No, sir; but be-
cause shissribuual has decided the question at.
ter mature delibsrasion, not only once but re.
peaedly; and as a citizen Of this Union. desi-
rous 10. be Obediens 70 the laws Of my country
as expounded BY iss supreme Judicial tribunal, |