The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-09-08

right than successful in any political cam
paign. But one point. which he made
struck home to the minds of all: that In
Government Bond in the bankers safe
no more sacred than the blood of the BRAY
Il soldier who fell on the field. Is 1t JUS,
10 wise, is II true law, to exempt from al
the burdens of taxation the bonds of til
wealthy, while we fax the last dollar, tn
little all, Of the dead soldiers widow ?h r
i Now, as Judge PARRETT has seel
proper to take the stump, on purel,
legal or constitutional question, which
may come before him in his judicia
capacity fF decision, we take the
| liberty Of propouHding to him a few
questions, rendering him the use o
the JOURNAL for reply,oi he
should see proper to answer.
| LIST, Are the r Government bond,
exempt from adj the burdens of taxa.
ton? Do not the holders of Govern
ment bonds pay tax to the General
Goyernment.on the incomes derived
from the interest onIthese bonds, just
as other; persons do on incomes de-
rived from othersourees?-f a3f gdiT
3D. IF the Legislature. of Indiana
can make the, bonds or stocks oflthe
United States taxable for State, coun-
ty, townIIor city. purposes, are they9pot
now made taxable by the laws of this
,State?, See list Gavin e. Hord % so,
Sec 3, where it is declared that all
personal property, owned by per-
sons residing within the Estate
shall be- subject to taxation:
See also Section Prom same page,
where the terms +" personal property
are defined and declared to include
all public stocks, all State stocks,
and all stocks Of the United States.
See also Section % on pages ~ and
70, of .same volume, where each tax
payer, is required to give in under
oath the value of all stocks of the
United States. - hee ov n
9 3, With this law of the State on
our Statute Book if United States
stocks are not actually taxed, is it not
because the State law requiring them
to be taxed is unconstitutional? And
if the State law is. unconstitutional.
how do you propose to render it con-
stitutional without an amendment of
the Constitution of the United States?
And would it not be, anti Democratic
to amend the Constitution of the
United DIS. States in in any respect at this
time? nh .sa.4t.. e;
+ Fearing that, Judge PARRETT may,
in his devotion to politics, have for
cotton some of his; early, law reading, /
We call his attention to the unanimous
decision Of the Supreme. Court of the
United. States, pronounced as long
'go as the year 1919, in the case Of |
Mccullough Us. the State of Mary
and; ,4th Wheaton; ,316. :; oat .agza
This case shows that the Legisla-
ure of Maryland in 1918 attempted I
o tax the issues or notes of the
United States Bank, issued in that
tate, by requiring them to be made
n stamped paper, to be procured
rom the State officers, and for which
tax was to be paid into the State
'reasury, with proviso that any
ank might relieve itself from the
peration of the provisions of the
ct by paying annually, in advance,
Ito the State Treasury, $15, 900. The
pinion Of the Court was delivered
y Chief Justice MARSHALL, and in
he used this language, viz. Il; a
ifThe people of State give to their gov
nment right of taxing themselves and
lefr1 property, and as the exigencieS of :
e Government cannot be limited, they
'eseribe. no limits to the exercise of the | L
ghti resting confidently on the interest :
the legislator, and on the influence of :
e constituents over their representatives
guard them against its abuse. But the :
cans employed by the Government of
e right of State to tax them H s
stained by the same theory. Those +
cans are not given by the people of h
.rticular State, not given. by the Consti-
ton of the Legislature which claims the :
yht to tax them, but by the people of all c
g States. They are given for all, for the O
nefit of all; and, upon theory, should be =
hiect to the. Government only which be-
ngS to aIl.''
"di* *S# n" ~aDa 81
The sovereignty of a State extends tn NJ
cry thing which exists by its own au-
GRITTY, or is introduced by Its permission:
t does itextend to those means which IL
q employed by Congress to carry into J,
ecution' powers conferred on them blythe =.
opleof the. United States? We think it "
that it does not. Those &C
wers are not given by a Single State =
ey are given by the people of the United
ltes to agovernment whose laws, made
pursuance of the Constitution, are de- -
red to be supreme. Consequently the
0plel of a single State cannot confer a Ell
which will extend over then" ~,
~ 10" r /" !51* ES%1i " fii%s 0'i* =
If the States may tax one instrument N
ployed by the Government in the exc
ion of Us powers they may tax any and
Try Instrument. They may tax the
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