The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-05-17
[Sor the Spirit of Democracy
To the Public.

Mr. EDlToR:-The General Assembly
of this State, in April. 1852, passed tax
act, which permits the tax payer ''to de-
duct from the gross amoun, of his moneys
and credits, the amour, of ali bona fde
debts owing by such persons"
This clause the Supreme Court. by
majority Of four to one, has pronounced
unconstitutional, null and void. The Cen
erel assembly has, after mature consider.
alton. resolved TO abide by its own enact
ment. The two bodies are therefore al
issue. The subscriber has read the argu-
ments Of the Supreme Court. with all the
Difference due to'stheir learning. their tai
enis. their integrity and their high station
but without the slghtes, conviction. Those
learned gentlemen contend. that as accord.
ing to the new constitution the Banks are
10 be taxed on all their assets and me ans
"without deduction" for their indebted
ness. so the individual is TO be taxed on
all that is owing TO him without deduc-
tion' for what he owes. In other words
that the phrase without deduction" is 10
be inserted by kind OF equitable inter-
pola,ion in the individual tax clause Of
the new constitution. simply because it is
found in the Bank tax clause: That the
Constitutional Convention could not have
intended 10 establish rule OF taxation for
Banks different from that established Tor
individuals. If those learned gentlemen
would condescen6 to lay aside their Judi
cial ermlne long enough 10 read the i'm.
perfect history OF the Convention contain.
ed in the volumes Of debates, their con.
clusions concerning the intentions OF that
body would be entitled to more confidence.
How dangerous is inferentiai reasoning in
opposition to matters Of fact. The Con-
siitutional Convention did intend to estab-
lish rule Of taxation for Banks different
| from that established for individuals. In
support OF this declaration am ready 10
produce the documents. The taxation ar
,icle reported by the standing committee
did not satisfy the convention. Their re-
port was recommited 10 select commit
tee consisting of Messrs. Archbold, Ben
net. Woodbury., Reemelin and Gregg. ed
volume Of Debates. pages 1923. As
chairman Of that committee, the subscri-
Der reported the following provision for
Bank taxation, to come in as section Sd
of article 18th: "The General Assembly
shall provide by law for taxing the prop.
er,y, capital, moneys. credits and effects
of all BANKERS and Banks, now or hereaf
ter existing in this State, so that the same
shall bear burthen Of taxation equal tc
that imposed upon the same amount o
property, capital. moneys, credits and eff
fects belonging to individuals. This wa.
} a majority report and was at first adopted
alter severe struggle. but was cast ou
of the Con nstituton. during the absence o
, The subscriber. at Columbus, and the pres
ent third section OF the i 9Th article, as i
: now stands in the Constitution, substituted
in its place.
!, Now here was the principle Of equalit.
Of taxation between Banks and individual
! offered to the Convention in plain. homes,
: unmstakable English words. The man
who could doubt about the meaning O
effec, OF those words, would be in DANCE
!. of wandering off from the National roa