The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1867-05-25
A Very Lame Defence.

The Springfield journal" certainly under
takes More than ought to be asked of an
common mcrtal, when it proposes to defent
the last Illinois Legislature from its gross de
linquencies, and particularly in neglecting to
levy upon the National banks that tax which
the Governor regards of SO much importance
that he proposes to put the state to all the ex'
pense and PERIL of an extra session to have
levied. In response to our charge, that the
decision of the Supreme Court of the I. s.,
that the National banks could be taxed by the
states, was made long before the legislature adj
.iourned, and the fact well known in Spring
field, the "Journal" makes this statement:
If the Free Traders notorious" charges
against the members of the Legislature have no
more truth in them than its assertion that the
opinion of the Supreme Court was known here
three weeks before its adjournment, that sheet il
certainly very unfortunate in its statements The
first information which was received by the Au.
ditor in reference to the decision was by tele-
graphic dispatch from Washington, dated on the
9th of February, the day before the adjournment
Of the General assembly, but conveying no par
ticulars as to the grounds Of the decision, or the
points made by the court. Being thus, as the
Auditor has already stated in published letter,
entirely in the dark as to what modification our
law required, it was then impracticable to intel
ligently prepare the necessary amendment or to
obtain its passage; and hence, the charge of the
FREE TRADER, instead Of being " susceptible of
proof" is simply false upon its face"
We are not in the habit of making state
ments "false upon their face" On the other
hand wa con nrOvo in a floyor of ,,-ov, ~ 4
the statement of the "Journal" is shameless
]y and audaciously false upon its face" The
decision of the Supreme Court of the U. S. in
the case of Bradley VS.. The People, &C., al.
luded to by Hon. B. C. Cook in his letter to
Gov. Oglesby, published in the Chicago "Tri-
bune" about April 18th, was made in Janua-
ry, synopsis published IN the dispatches to
the associated Press about January 25th, and,
We are assured on the BEST AUTHORITY. a
number of the members ofthe Legislature were
written to on the subject from Washington
from two to four weeks before the legislature
adjourned.
But this is far from being the worst of the
case. If the plea of ignorance is available
under such circumstances to men so determin-
edly and stolidly blind as our Illinois legisla-
tors seem to have been, (madc so probably by
the $4,000 fund alluded to on former &C.
casion) such plea cannot avail in the next
case. Previous to giving the decision in the
case of Bradley, the Peoria county Assessor,
vs.. The People of the State of Illinois, the Su.
preme Court Of the U. S. had made decision
involving exactly the same points, in the case
OF "Allen VS.. The Assessors" taken up from
New York. That decision was made in jan
uary, 1865, and is published in the Sd vol. of
Wallsce's Reports, p 57S, book printed in
june, 1866, and copies of which were not only
in the State Library at Springfield, but ought
to have been, long before the legislature met
IN every first or second class lawyers Office In
the decision in that case we find the authority
of the ssstss TO tax the shares of the National
banks affirmed in the following clear and un.
mistakable language: :
N. Justice Nelson. n delivering the oni,;on
OF the court says, @ Wsllacs, 6S5 y The main
and important question involved ia, whether the
eeste Possesses the power to authorize the taxa.
ton OF the shares Of these national banks in The
hand: Of stoctheldess, whose capital Is wholly
vested In stock and bonds Of tho United States.
1M court are Of opinion ladt N1is poser 4 aos.
sessad by e ate and that 1t 10 due to the several
cases which have been 10 fully and satisiactor;iv
argued before u st thisterm, a. well O. the pub
Lie interest involved, that the question should h.
finally disposed Of. I shall proceed. therefor.
70 state the grounds and reasons that have led "a
their judgment In the case.
But clear and unequivocal as this language
is, there Il still harder nut for the Journslr
to crack. The authority of the legislature to
tax the shares of the National banks is given
in the law itself creating those banks. At
tsched to Sec. II of that law is the follovinO
proviso:
"trorided, that nothing in this act shsll be
construed to prevent all the SHARES in snv q
~ associations. held By any person or body
Pola.e' nom being .ne!udbd IN he oaluatton 0,
Meperso"G property Of sleA person or co,1pration
=" ne dssessmea Of kases supposed By o. ind,
eIATs AITaoRirr. 1t the place where such bani
The Pretence that the illinois Legislature
were IGNORANT Of their powerto tax the shares
oishe National banksis - false q it is impuden,
and involves more shame than If the member,
owned up outright that they were bought uu
oy the banks not to levy the tax. Ienorsnee
They might Is well plead ignorance Of the
fact Of the assassination of President Lincoln.
How 1T woRxs.-The spite legislation Of
Congress, a. illustrated in the tenure ~ .s.,
DILL IN yinldSnO sta Eps,:Aa A