Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-06-30
Government Ronds.

The early establishment of banks under
the recent act of Congress renders desira-
BILE the publication of those decisions of
the highest court in reference to the DOW
ers of State Legislatures. The publisher
of the Bankers Magazine, New York, has
made public, in pamphlet form, the most
noted classes before the Supreme Court of
the United States in reference to taxation
by States and cities. In 1919 the Court of
Appeals of Maryland enuuciated the doc.
trine that the property or capital OF the
United States was legitimate subject of
taxation by the State. Mr.. McCulloh, then
cashier of the Baltimore branch of the bank,
land afterwards First Comptroller of the
Treasury of the United states, J by direction
of the Board carried the case up to the
Supreme Court of the United States for
revision. Judge Marshal was then Presid.
ing Judge, an Office he held thirty Eve
years. Fortunately for the country, his
msster-mind reviewed the subject, and his
opinion in the case may be considered as
the basis of law and practice, since the
decision of the court reversed that of the
Maryland Court of Appeals. Judge NJ.
then said:
"lf any one proposition could command
the universal assent of mankind, wemipht
expect it would be this: that the Govern
ment'of the Union, though limited in its
powers,,ls supreme within its sphere of &C.
ton. This would seem to result pecesss.
riIy from its nature. 1t is the Government
of all; its Powers.are delegated bV ali: it
represents all, and acts for all. Though
any one State may be willing to control
its operations, no State is willing to allow
others to control them. Tho nation, on
those subjects on which it can act, must
necessarily bind its component parts. But
this question isnot left to mere reason. the
people have, in express terms, decided Ut,
by saying, this Consultations, and tbe lavS
of the United States, Which shan sS S 800, -,So
10 pursuance thereof shall be; The An.
! Preme law of the land aud bv reouirinp
that the members Of the State Legislatures
| aud the Steers of the executive and inTlis
ciai departments of the States, shall take
the oath of fidelity TO it. - ' 80
From thess conventions the Coustitutiop
derives it's whole authority. The govern
ment proceeds directly from the people. ia
ordained and established in the nams of
the people, and is declared to be ordainRd,
'tn order to form moro perfect union 81.
tsblish justice, insure domestic tranoniIif~
and secure the olessinRs of liberty to them.
selves and to their posterity." The Sas..
sent OF the States, in their sovereign ca.
pactty, is implied in calling a convention
and thus submitting that Instrument to the
people. But the people were at perfect
liberty to accept or reject it; and their act
was hnal. It required not the affrmance
and could not be negatived by the SfStS
governments. The Constitution. vLSn
thus adopted, was of complets oblipaIiSn
and bound the State soveFeiguties."
In the late case of the iiBsuk Of Com
merce %. Commissioners of Taxation. /" The
Supreme Court of the United State, ~
versed the decision of the Court Of Apns.I.
ofNew York, and decided that the bonds
of the United States held 6y the bsnk
were free from taxation.
Az to the coDStitutiOnsltty of legal ten.
der notes, the cese recently decided before |
the Supreme Court OF New York, and con.
tanned in the pamphlet, brings the subject |
fully before the public. The New York
court says.
Money is necessary to carry on the rvar
auo sustain the Government in the exer-
olse OF ell the foregoing enumerated pow
ers. If. 10 the opinion of the LeQiSlstnr.i
0I tue nation, 1t is necessary and proper to