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


case ofWeston VS.. the City Council
of Charleston, I'd Peters 4f9. By an
ordinance of the city of Charleston,
;. under an act of the Legislature of S.
Carolina stock of the United States
was made taxable Again, the opin-
ion of the Supreme Court was deliver
1 ed, by Chief Justice Marshall He
uses the following language, VIZ:
ais the stock issued for loans made to the
| Government of the United States liable to
! be taxed by states and Corporations? Con-
gress has power to borrow money on the
/ credit of the United States The stock is
sued is evidence of debt, caused by the
I exercise of this power. The tax in ques-
ton is a tax upon the contract subsisting
between the Government and the individ-
1 ual. Il bears directly upon the contract,
while subsisting and in full force. The
/ power operates upon the contract the in
slant 1t Is framed. If the States and Cor
porations throughout the Union possess the
4 power TO tax a contract for the loan of
| money, what shall arrest this principle in
its application to every other contract?
| What measure can Governme INT adopt that
will not be exposed to its influence? But
| ~ is unnecessary to pursue this principle
through It's diversified application to al
contracts and to tile various operatio of
l Government.
g No one can be selected which is of more
vital interest to the community than this,
OF 9orroWing money on the credit of the
United states. 70 power h as been confer
| red by the American people on their Gov
| ernment, the free and unburdened exercise
OF which more deeply effects every member
OF the republic. In 1Oor aUhef the honor the
SAFETY, the Independence of Bhe nation are to
De defended, acIte1l all us resources are to be
strained TO the utmost credit must be brought
IN otd Of tdrutdOE, and the abundant revenues
0f1ledce and prosperity must be anticfqDdfe to
supply The elfge1scieS the urgent IDS of |
the moment. The people, for objects the
most important, which can occur in the
progress of nations, have empowered their
Government to make these antici Datfo
TO borrow money on the credit of the
UnlIed stat $. Can anything be more |
dangerous, or more injurious, than the adj |
mission of a principle, which authorizes |
eye IT, shase and every CORPORATION in
of taxation, to burden the exercise |
of this power at their discretion? If the
rlgnt 70 impose the, tax exists, 1t is right I
when IN It's nature acknowledges no lin /
its. 1t may be carried to any extent with |
in the jurisdiction of the : tate or CORPORA
ton which Imposes it, which the will OF /
each State and corporation may prescribe I
power which is given by the whole
American people for their common good 1
which is to be exercised at the most critical
periods, for the most important purposes.
on the free exercise of which the interests
cert ainly, perhaps the liberty, of the whole
may depend, may be burdened iinpeded I
If not arrested, by any of the Organized
parts of the Confederacy -
1.-The American people have conferred |
the power to borrow money on their Cow
eminent, and by making that Governments
supreme have shielded its action in the
exercise of this power, from the action of
eminent stock is thought by this Court to
be tax on the contract, q tax on the /
power to borrow money on the credit of
repugnant to the Constitution" IL,
{ We commend these extracts from
the opinions of Chief Justice MAR.
SHALL as being good reading for a
Judge, who forgetful of his judicial
position, mounts the stump to per-
suade the people that tax should be
levied which the supreme law of the
land forbidss IF the Judge can over
rule the decisions of the. Supreme !
Court of the United States, we sug- {
gest to his political friends that this !
will be the shortest way to attain !
their object. There is now law of /
Indiana declaring these u. s. bonds /
taxable, and all that stands in the 5
way of their being actually taxed are 9 9
he numerous decisions of the Su-
oreme Court of the nation declaring a
III such laeos to be unconstitutional and \
'0id. IF Judge PARRETr can over
uls' these decisions, he can do what
lie proposed to the Democracy of 7
Perry County. IF he cannot, is he i
lot guilty of polluting his judicial IS
rhine, violating his pledge given to b b
bstain from politics, and resorting :,
. the basest tricks of the dema al
ogue? We hope, for the good name W
f our Judiciary, he may satisfactorily q
xplain his conduct and the sentiy a
tents uttered, IN his 'paftizan ha- =
lngue in Perry County Our col
INNS are at his service, ' =