New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-22

,hou,d B. p.ton d the objects II revenue, q. Tor IN
s"es S. should ONLY have pow: to s:1 1ng 70
or ands that the uasd States should have pow.
Law imposs and duties imports and exports lesv.
lie sts,es all internal taxation. 1t w.s also usss'ea
that IN regard 70 taxation a. WE" .son,a ;. subor
Innate to tie. Federal Govcrpment but, after long
cuon in and o.. Of ,ni Il hr s1se
s he only admissible proportion THE Con,enon" "a
word. a%n nou md ' eSd.1
hs merit reconcins an indefinite Pow
q aon n tbs FiSs hs STATE. to provide for their own
SO the right Of taxation In both e1esp'
relation imports aud erro, equally than the
power 70 bsrrow money Wa ever supposd fspss.
ina, tbs ed states the ground that the eIercss o.
the former may defeat impede that Of tho latter hss
Mr. Hamilton ss. on W.. 'aI, r .bec Of tSsir sovereign
hover TO borrow money well as TO their severe ga po.oI
He am willing to allow N y: i iS sadvidas
ss,ss should posses independent snd nncontIose
."hS to ,he as'. own wants. And %siins this
tIon affirm that with the sole exception Of au, ~
90 retain that .uthorty absolute and
nv sense and that an sttempt on the ps Of .nc
on 81 mower by any article clause Of rs Coz
.titaon No Of ~: FedNa ana IN inc . hs" ~
per ssS n,ssrenc. viii Il. r,;snues ian
lin The ,Ierci.e Of its sovereign power TO n snouia
woSd sos equally evident inv.
Of e:t concurrent ssacS. ," e s1 n the
Of t.. which the sop'r xsS s. s''
"Tbo"sS : lew lsvyins ts1 for the q the United
states would % ~, law ina or preventing
the collection Of tar laid by the authority OF state tn
% Of he Ind bu. an usurpaon power no, granted by
.he Cousituton" He insss throughout, that the indid
asl States retain on independence and en- d.
imports and exports that there Is no power a uns
the Roman IN the eomfd eenfwidG ana tLe
t,1baa either side TO snnul the sc's Of the oLeI
h. power Of taxation and therefore the power 70 oo
money .nd every olhr concurrent .S,eish S
other and that any attempt direct or indirect under any
pe,ense Whatever the part Of me unsd sa.s %
he power Of State to tar the property on Its citizens 'he
usurpson Of power not granted by the Con'tu'icn.
Bn. to recur objection already glanced at It !. SAID
now a Il SAID this subject when Hamilton wrote ms
in The Fede,a that the laws Of tho un?n are to be
H. supre me law Of tho lard a law By the very meaning
eet, enter Into larger political society the law which TIE
latter pursuant 70 the powers intfnst.d % u ~
Constitution necessarily be supreme over those societies
AZ the individuals Of whom they composed Bot u VII
not fellow this doctrine that act. OF The larger so1e
which its constitutional powers out which
e invs,ons Of the resdny authorities OF the aier 90
ciety will become the supreme law the isnd Ihee WIZ
be- rEey OF usupson and VIII deserve 10 DC ueaea 81
such" -
Tho ids. therefore that because the power 10 borrow
ouey soyereign power, and because tie Constitution
eeafe. that that Constitution and the laws Of The United
states which .h. be made ia pursuance Thereof sA Dc ss
10 enable the easily 20 borrow money to aondse or
h Ses sts S~ s.nho, teers With the United
eser,se Of their sovereign power OF ts,a'.oni as =, Gu
sovereign power Of taxation these light. have equal nhef
eut force and virtue they are equally supreme euqy h,o
liable should the exercise Of concurrent powers in ihe
ps.,, and State Cover nmens unfortunately clash.
there i. no contu,ioual tribunal which could mefpo'c
r,medy The remedy be LEFT 20 the prudence ard t
p..s the people hey will hold the scales 10 their
ow hssd. 4 be hoped will always take care 10 pIeeIse
thca constitutional equilibrium between 'he "o" ~ WV
State Government" ~,
The .ie then cannot be restricted by Congre, In ths
Inherent power which necessarily resides IN The Federal Gov
I,k,r fle
one ard the other only pfeteI then, uron which Con
,e,. Fan t,.p, the c,efc.e such authority mus, be
b.,J n.n hs proy,on Of the Constitution Of the United
SA,es which sivcs powsr 10 MAKE ali laws necessary sna
proper carrying execution the powers expressly given
IT, While the Fewer to borrow money and to issue .toei
{. undoubtedly power delegated TO the General
Oovsumtni and eubracs. within i al necessary poHe, 70
the fern nec'ssiy ro-er' extends 70 efs power horsh
Il may be plauy Necessary 60 enable the Oosefnmont
money any ob,r ssps po~ef 10 grant title o. noo
y f5 in,Auce by the Government, Of th. United States,
10 certain '9rpo'sd n'nee. be necessary TO enable u
boffes aye, nees,ary In the literal sense OF Tie
term Roh,ehid Asior may b. willing, on the con
corsdsfsbe Of millions which they possess and
~, ws-,T m.y be i,s nsees'iiss and although could
source ~ qsls e,ien, us, could oone. ~. dis.
OF ID. 9gh section Of article Of the Constitution Of the
United states erpr.'y forbid. the .rere'e Of this Powsr
he power gent title Of nobility |. not tho General
Government equally Incapable Of interfering ~ish any
f-.nrd power Of the states 10 eject similar object J.
,., to forbid prevent my State from selecting
ady.n,s.oously 10 borrow money. would gran,
Hy.elf thai have at,acoIiy shown tia, interfere with
any STATE In The sIeio6s Of It's sovereign RICH,
with u. C9n.iuon Of the United State. grant
title ofnobiy The latter expressly prohibited in the sh
&c on o. TIE ls srteo tie former Jas' a. clearly prob
tied no, In word becau.e such power Is deo
sAed AID al powers oct delegated to the United States BY
tie Contribution nor prohibited BY u 70 the States are r,
served 10 tho States fespectysy" The sovereign power
requisite The domestic relations And any act Of tie General
1ovsrnHent having any tendency to enefsah 1Ion this
The exercise abuse Of power similar 10 hi. va,
viewed with ue. apprehension during the ous discussion
non II was thought by some nd persons ths, an indefinite
power OF srstion ia the General Government might aud
the means # providing TOT their c~n noee-siiie' aid would
subject thnm entirely TO The mercy Of thenAtions egis
ufr A. the laws ofthe Inion u was urged, sfc 10 be
Tho ,upgeme law Of the land as It Is 10 have rover
Pa' oil law. that ns, be necessary io carrying into eec,
he National Government might at any time abolish thu
mPo"d or SiHe Objects upon the preense OF az interior
IN order to efficacy to the national aud thu. oil
tue Of sIon might by degrees become the sub
ton OF the state Governments"
In suswer these apprehension 1t shown that tho
power OF uIsou In the General and State Governments
Ing concurrent attempt o. tho former to monopozc tho
a." Jee,s Of sIsilon would be an Of it, uIisdetion
the pI.tcnse OF an inter h shoad
undertake to sbosas land tax imposed BY the authority OF
Hamilton. In Language which have slrealy quoted aud
tho United State. would Be supreme N i:
nature and could not be legally opposed controlled yet
law abrogatng preventing the collection Of laid by
the authority ola state luress upon Imports and eIpors
would not be the supreme law Of the land bu. usglaon
VI power not sfsnted by the tonstituton."
However necessary therefore, msy be the exemption OF
Government bonds stocks from State taxation ensb
tie General Government to bouow money II l. not power
which has Any right to eIecss because IL has more
right curts than to abiogac power reserved by the
States II would be great usupaon Of pow
gfoss declare what subjects shall be exempted
by State directly TO abrogae tax laid by the authority
OF the State under the pretence either this seiio
necessary to enable tho General Government 10 borrow
any Of s enumerated pow ers into exec.
The Hrfs Nlllh II I'LL