The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-12-12
Is the Cotton Tax Constitutional.

Is the Cotton Tax Constitutional
We have received from the author. Nal
lcolml Campbell, Esq, OF the New York bar
itwho merits our warm acknowledgement
flor the same. valuable and able pamphlet
1under the above title, in which the uncon
stitutionalty of the obnoxious cotton ta'
is very clearly shown; and, at the same
time, a communication from Messrs. i. A
Nelson, NJ. J. Wicks and William NJ. Far
,,rington. committee of the Memphis Cham
be. of Commerce, accompanied by sub
scription list, in which "the undersigned
subscribe and pay the amount opposite theil
respective names for the purpose OF testing
before the Supreme Court of the United
States the constitutionalty Of the law i'm
posi-. an onerous and unequal tax on cot
Eton, and for the purpose of paying contin.
gent fees Of attorneys. they promise to pay
the further sum annexed to their names
which shall be only due and payable, in the
event of success in annulling said law, and
relieving the country from the tax as now
limposeh, q r4gts fi.fisiraif
: 31his move say the committee, us mt
made withoutlmatnre consideration of its
Importance. and we are directed ny the
Chamber of Commerce to say. that it is in
no spirit of resistance to the laws of the
country. or an unwillnsness on their part
or, as we believe, on the part of the South
ern people to pay their proper share of the
Iexpenses and debts of the Government;
but it is done for the purpose of annuling
law which is believed to be unequal and
unconstitutional. and oppressive 10 the pro-
ducers of the Southern States"
The circular is accompanied by letter.
Izofthe 18th ipst[. 1from that distinguished
constitutional lawyer, Hon., ReyerdyIJohn-
son, Of Maryland, addressed to member
of the committee, and which is of the foy
lowing tenor: =, ,,s.,..s. t.;.aa.,
"a" Yours Of the 3D. inst. is received. The
opinion to which yoa refer. that express.
cd, as to the eQnstitutio atty of the cotton
tax. l still entertain, nnI the question
seems to be so, free of, difficulty when ii is
well, understood, that ! shall have every
hope ofbripgng the Supreme Court to the
same conclusion if 7 argde the case Before
them .sai1ibs;s 10 f9dtu
From the intimation given at the close
Of the above letter; itiwould seem to be the
intention of the Chamber of Commerce to
employ ex- Senator johnson as counsel in
the prosecution Of this case before the
Supreme Court. .Fhe rare ability exhibited
by Mr. Campbell in the. pamphlet he has
done US the honor!to send us. would make
him q valuable adjunct, we should think, in
the, management Of so, important q cause,
should i tbe his habit to practice III The
Federal Court. l. 99GAlfa .93f&9h8
i The committee say, that they care ad.
vsed if the case is not decided at the sit.
ting Of the Supreme Court, which meets in
December next, that even in the event of
success atacourt a year thereafter. claim
against the Government for tax paid on the
cotton now going into market will be barred.
and consequently lost'to the people. It
Involves a sum, Of perhaps-tyenty millians
dfdollars. HENCE the prdpfiety'pf prompt
action They addth tIthey are Informed
that an agreed case can be taken up to
the Supreme Court with but little delay.
and, ilr view Of its importance, they can be
induced to decide itS at the time above
named. fa<yrs- .. f...,-. r
.. They therefore appeal to planters, and
others Interested, to subscribe and pay in
cash to the party to whom the, circular is
addressed, OF TO remit to the committee
directly, from five to twenty dollars. each
TO pay retaining feesof attorneys, and other
incidental expenses, and also still further
sum to be paid to the attorneys only in the
eoent OF success in annulling the obnoxious
law.
Mr.. Campbell, in the pamphlet before us,
recites. at full length, the law of Congress
recently enacted on the subject. and proves.
by solid and irrefraeabe argument, that it
directly conflicts with that clause in the
Observation-Disclosures /, Section (which
positively declares that no tax or duty
shall be laid on articles, exported from any
State, and also with other express pro-
hibitions ofthe Constitution. He sustains
his views by citations from the "F ederalistr
that great and authoritative commentary
on the Constitution. The law is so clear.
paIpable and positive, that no question. it
appears, in all our previous history, has
ever risen in respect to the interpretation
OF it. The whole matter has been sprung
upon the country by the abnormal and I'M
constitutional action Of the late Congress
But the 1op.nions distinctly though Incl.
dentally expressed by Chief Justice Mar
shall, Justice Story qand Chief Justice
Chase, and other eminent jurists, in refer
ence to the ground covered by the 9th.sec-
lion OF the lst article of the Constitution.
just quoted. PLACES the clear 'intehdment OF
the law beyond all question, and show that
there has been q positive usurpation Of un-
delegated power, in the passage Of the law
imposing tax Of three cents on cotton in
ITS raw state, as tits produced, and before
1T is sent to market. The whole question
is thoroughly sifted, the partiality and in
justice ofIthe tax clearly shown. and the
necessity OF its repeal aeloeuent'y urged
The argument cannot fail to give the utmost
satisfaction to all into whose hands it may
tall. ~ f-r TT RI r vT ~ ~ Er
We again urge upon our readers, particu-
larly upon all the producers of cotton in
our midst, or our vicinity, to take counsel
together in reference to the application Of
the, Memphis Chamber of Commerce. and
take such stepts in the promises as Isl circuurm.
STANCES ; elfqHs' warran Mt T[Na 9. Times. qa
A Charitable Enterprise 'rae