The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-02-16

% determine all such suits as do not ac-
.ually and clearly involve conflict be-
tween her laws and the Constitution Of the
United States, appear to be questions of
magnitude for one days consider
alton. We think they should. never be
lost sight of until the sovereign rights
and powers of this State, and the
Democratic principle of equal taxa
ton, are fully vindicated and firmly estab-
lished. Old Dred Scott is dead The
people of Ohio it is, who are alive to be
GENEROUSLY taxed, in order that privileged
corporations may escape the payment OF
their portions of the public burthens.-
The wolf is at the door just now; when we
have driven him off we will hear what our
neighbor has to say about how it came
to be decided, that negro was not cloth
ed with the privileges of q citizen of the
United States. For the present we say,
"let justice, like charity, begin at home "
Our laws for the collection of equal tax
es from the banks are paralyzed by the
interference of the Federal Courts. The
latter, invoked by foreign stockholders,
enjoin the county officers, and thus nip in
the bud the collection of these taxes.
We cannot imagine greater stretch of
authority. 1t not only prevents the COL
lection of the taxes of Ohio, at the instance
of a mere foreigner, but it cuts up, root
and branch, the sole jurisdiction of the
courts of this State, in q matter of pure
| ly domestic concern. To be sure the
foreign stockholders will make affidavit,
that certain treasurer is about to violate
the Constitution of the United States
How does he know? He does not know,
except by hearsay, that there in such an
officer as county treasurer in Ohio
He is mere foreigner, an alien and in
truder, so far as the collection of taxes
within the body of this State are concern
ed. Ohio knows nothing of him. She
has no contract with him, even if the char
ter be contract. The dealings of Ohio
have right to be with the corporation,
created b5 the charter. By virtue of that
instrument, according to its express terms,
the corporate body is to sue and be sued,
and has the privilege to perform certain
other functions. Now, that foreigner
derives all his right to be heard in the
matter of taxation, if at all, by virtue Of
his connection with the corporation, un.
der the charter. This being so, that
instrument must require him, as we should
think, to be heard in the name of the cor.
poration, upon the subject matter, or not
at ALL As against the corporation, be
might reasonably be heard individually
bu: as to the State, he is mere stranger
J it seems to us, as there can be. The pre-.
tence of making the corporation party
will not do. How does the foreign stock
holder get into the United States Cour
to make anybody party, but by virtue
of the charter of the State of Ohio? H,
sues by virtue of that solely; and yet is per
mitted to sue by mode which that in
strument never contemplated, intended
nor imagined.
This, however, is not the gravest par
of these decisions. Above and beyont
the question of jurisdiction; beyond th
! amount of money involved; there stand
c the monstrous assumption, that some for
e mer General Assembly of Ohio had tn
power to cripple and extinguish vita
part of the sovereignty of the State.
is of no use to tell US, that this sprang, a
a necessary consequence, from provisio
: in the Federal Constitution. The FEEDER
2 al Constitution could not give the Genera
:. Assembly OF Ohio scintilla of powe
!, that the constitution of Ohio did not Civ
to it. Ohio never ceded to the Genera
Government her power to tax her citizen
y and corporations; the General Assembl
: could not cede 1t, for it had merely til
It power to use, not to destroy or dispose {
s it-ergo the State of Ohio has it now, a
n of 1t. The decision of the bank tax case
e then cannot stand 1t invests the Assem-
: bly,, the mere creature of the State. wit
e the power to impair that sovereignty {
) which it was the temporary and insignif
o cant instrument. Is the sovereignty of
e state to be impaired, in order that ban
6 charter, which is only contract by e1
travagant and far-fetched construction
If shall be kept inviolate and made eternal
Is We should think not. The large sun
G extracted from the people to supply tt
y deficiencies of the banks become of con
d paratively small moment when we consit
y er this aspect of the case. 1t is of q
moment to say, that the Legislature col
Is fined itself to the cession, or annihilatio
'e of small portion of the taxing power
l. fit could extinguish a small part it migl
3, large part; and the whole of the thin
Sc itself being absolutely necessary to ii
l. sovereignty, and its exercise to be RESTRAIN
J. ed by it alone, through the State Const
e tuition, the allegation that a small part on
IS is touched answers and refutes itself.
le pickpocket might as we'll attempt to just
/ fy himself, by pleading that he only sto
IS part of his victims money. Nothin
o can overcome the absolute inability of Il
), General Assembly to contract away Il
Is sovereign power of taxation belonging
IS this commonwealth. A child might
b we'll contract to main or murder its mot