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

ne, question was hfst taken 70 ihe courts b
r South Carolina, and Afterwards, on wri, of er
. Ior, % The Supreme coun f.hs United ssasss
, The plain question vas presented ls % Ihs
, power Of State 20 tar The bonds or sock d
The United States. and ihe opinion OF the eour
vas delivered BY Chief Justice Marshall, ,nan
known 70 The American people, oad 20 the
whole civilized world. as having possessed shs
most superior qualifications for ihe place he
adorned, will read few extracts from his
|, Learned opinion. bearing upon the point now
under consideration. This casa will be louad
10 sj Peters, page 44e, IN which lhs whole
question 10 argued and considered At great
Mr. Chief Justice Marshall. on page ass, in
delivering bis opinion. remarks: eff The
States and corPoraslons throughout The Union,
possess the power TO TAX a contract for the loan
Of money, what shall arrest Ihis principle IL ils
application TO every other conuacli Wbsl
Measure can government adopt, which will not
be exposed 10 influenced =. .......
"Bul il is unnecessary TO pursue this prnci.
pie through its diversified application 10 ell Ihe
contracts, and TO the various opGAArioNs Of
government No one can be selected which is
az more vial iulereA TO The community shan
lhls Of borrowing money on the credit Of The
United States. No power has been conferred
by the American people on their governmeu,,
the free snd unbuuheDed exercise Of Whi{h
more deeply effects every member Of our rk.
public. 10 war, when the honor, The safety,
the Independence OF the nation, are 10 be de.
Tended; when all It's resources are TO be sIraaed
TO the us1eTmosI, credit must be brought in aid
Of taxation, and the abundant revenue Of peace
and prosperity, must be anticipated 10 supply
lhe exgencies, the urgent demands Of the mo.
ment. The people, for objects the most impor.
laut which can occur in the progress of nations,
have empowered their government to make
these anlicipalions, 10 borrow money on the
credit Of the Usited States" Can anything be
more dangerous or more injurious than the ad
mission Of principle which authorizes every
State and corporation 10 The Union, which pos.
sesses the right Of taxation, to burIhen the ex.
crcise of this power al their discre.ionl
"lfthe right TO impose the tax exists, il is a
right which in lis nature acknowledges no liw.
us. Il may be carried TO any extent within the
jurisdiction oil the StaIe or corporation which
imposes il, which the will Of each State and
corporation may prescribe. power which is
given by the whole American people for their
common good, which is TO be exercised at The
mast critical periods for the most imporlau,
purposes, on the free exercise Of which the in.
leresss certainly, perhaps the liberty Of the
whole may depend, may be burIhened--impe.
ded, if not arrested, by any Of the organized
paris OF the cOn(ederacy. s.-. ......
'ln society formed like ours, with one su.
preme government for national purposes, and
numerous Sale governmenIs Tor other Pupo.
SEES; in many respects independent, and ia the
uncontrolled exercise Of many important pow.
ers, occasional interference ought not 10 sur.
prise US. The power Of IaxV,iQn is one Of the
most essential TO SIaIe, and ono Of the mosl
extensive 10 its operations; The attempt 10
mainlain rule which shall limit It's exercise,
undoubtedly is among The most delicate and
difficult duIies which can devolye on those
whose province j, is TO expound the supreme
law of The land, in lis application 10 The cases
ofindivduols. This duty has more than once
devolved on this court. la the performance Of
II we have considered il as a necessary conse
quence, from the supremacy of the government
of the whole, that its action in the exercise Of
its legitimate powers, should be TREBand aHeH.
numbered by any conflicting powers ia -ihe pos
session oi It's paris; that The powers ofA State
cannot RIGHTFULLY be so exercised az 10 I'M
PEDE and oBsTRUcT the free course OF those
measures which The governmen. Of the States
united may righlully adopt" Isst
Again, on page 468, the same learned Judge
proceeds 10 say: a. rer- t--
"llis not the want Of original power in an
independent sovereign Safe, 10 prohibiI loans
to foreign government, which resIrains the
Legislature from direct opposition TO those made
by the United States. The restraint is i'm
posed by our Constitution. Tho American
people have conferred the power Of borrowing
money on their Government, aud by making
that government supreme, have shielded ils &C.
lion in the exercise Of this power, from the &C.
lion Of the local governments. The grant c(
the, power is incompatible with a restraining
power, and the declaration Of supremacy i .
declaration that 90 such restraining or conHol.
ling power shall be exercised" e.s Il
desire, also, 10 call the attention Of The Son
ate TO the case Of McCulloch rs. the STATE OF
MaryIand-Io be found in 9Th Wheaton, page
3i6: AZ Sa-sH
Z ln that case the question was broughI before
the courI as 10 whether STATE could impose
TAX upon the Branch Bank Of the United States
6staOlsuSu IN MhTYldHu' Auu AZ was sOloHluty
adjudged that such tax was Unconstitutional
The Supreme Couu holding "shat the State
governments had no right Ie tax any Of the con-
sIi,u,ional means employed by the government
OF the Union 20 execute its constitutional pow
sEss' nor re,ard, impede, burden or in any man.
ner control The operations Of the constitutional
laws enacted by Congress 10 carry into effect
the powers vested in the National Government.
81 The same question was again presented 10
the Supreme Cour. of the United States, in she
case OF Osborn vs.. The Bank of lhe United
SaIes--lo be found in 9th Wheaton. 736; a
case originating in Ohio, and the coun re-a(.
6rmed the decision made on the cases before
referred so-holding the tax unconstitutional.
Again--inihe cass Of Dobb,ns vs.. The Com.