The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-03-28
The Relative Rights or the Stmtes
and of the General GoycrnmcIt.

ana of the General Government,
We have heretofore called attention
to the fact that the circumstances OF
the country at the present time ne
cessarily lead to the consideration of
the question of the relative powers of
the States and TIC Federal Govern
ment. 1t IS question which, though
IL at present more particularly affects
the Southern States, yet, in it's ten
dencies, has bound up within it the
dearest interests Of all the people,
North and South. 1t is an oncour-
aging fact to find that some OF the
leading minds Of the country are
giving their attention to thl$ subject:
tor good results must follow it: con
sideration. It is not an abstract
question, but, on the contrary. has
SO many practical bearings that the
sooner it is considered, determined
upon judicially, and settled by the
acquiesccnce of the States and the
central power, the better for the coun
Try. A revenue case is now before
the Supreme Court OF the United
States involving II decision upon this
very point. Upon this ease the New
York Times makes the following ex
cellent remarks:
''The dispute is not as to which
Government shall make the most out
of certain subject Of taxation, but as
to which Government may create the
subject itself. The true point is
whether the United States have the
power indirectly to call into existence
business whose existence Massachu-
chetts positively forbids? Now, no
thing is clearer than that, beyond the
narrow limits of its granted powers
the Federal Government has no au-
thority within the several States. AL
legiance and support by the render of
military service and the payment of
taxes are the great dues which the
citizen owes to the power at Wash
lngton-as to all else, his own State
prescribes duties and confers rights
IN relation to his property and con-
duct. BY her laws alone he lives,
buys and sells, marries, practices his
religion. disposes of his affairs and
estate, and is peaceably buried, IN
less he incurs speedier death as the
penalty for breaking them. When.
therefore. in the regulation of her in
ternal police, or with Il view to amend
ing public morals, Il State forbids
certain business to be carried ON, her
citizens arc bound by the prohibition,
and it is beyond the powers of the
General Government to set it aside
Still less can it assume to permit, I'M
der the color of collecting revenue,
what it has no power to authorize. |
Among subjects Of taxation which are
to exist by State laws, the
Federal Government may select such
as it pleases for contribution; but it
cannot, indirectly any more than di-
rectly, originate such as do not exist, !
against the express viii of the State
The practical bearing of these views
set forth by the 7lmeS-which seem
to the people Of this section of the |
country to be correct in every parti-
cular-is we'll Illustrated in the fol- |
lowing item of news, which we copy
from New York paper of the same
date with the Times:
" TAUNTON, MASS, Tuesday, March
noon, to-day, the liquors
seized at Taunton on the 10Th instant
were taken away from the State Con
stables by United States Marshal
and returned to the own
ers. The constables threatened but
made no resistance"
Here is direct conflict of auth ority.
Massachusetts, declares by her laws
that liquor shall not be sold in that
State, except upon certain conditions
which she prescribes. The United
States license men to sell liquor, and
they proceed to do so in defiance of
the State laws. The State officers
seize their liquors. The United States
Marshal thereupon interposes, and,
despite the threats of the State
officers, restores the liquor to the
owners, who, it is ~ be presumed,
will now continue to sell it whether
the State says they may or not.
This is but one of a hundred cases
which are liable to arise any day, and,
we repeat it is therefore time that
The people should know where obe-
Hence to State laws begins to be trea-
son to the Federal Government, and,
rice rersG, when obedience to Federal
avs renders them liable to pains and
penalties in their own States.
Richmond Dispatch ,,
The Legislature Of West Virginia