The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-12-05
The Back Tax of 1856.
GENERAL cASDY's pEc1s1oN-FuL1. PARTICULARS

| GENERAL CANBY's DECIsIoN-FULL PARTICULARS
The following communication was addressed by
a number of the leading merchants and citizens
of Charleston to the General commanding tho
District. As it bears upon subject which, very
naturally, has excited considerable attention IN
mercantile circles during the past twelve months,
We deem it unnecessary to invite the attention Oh
our readers to its careful consideration:
CHARLESTON S. c., October 80, 1867
LoulS Y. CdziQrc, 4. u. {. and 4. 4. A. IT,;
SIR-The undersigned merchants of Charleston
respectfully present to YOU the following facts o,
The Legislature of this State, in December, lSGo
passed a law imposing tax upon sales FOR the
year then expiring.
Considering this tax, which was retrospective IN
its operation, to be Illegal and oppressive, We pro-
tested against its payment.
In General Order No. 90. dated 2lst September,
the Commanding General is pleased to say that
numerous and well-founded representations nav
ing been made, that illegal and oppressive taxes
have been imposed in different sections OF Nortn
and South Carolina, it is therefore ordered that
the collection OF taxes be suspended in the follow
ing cases: ,
list. Whenever any tax is or shall be imposed
otherwise than under the authority OF the Unted
States, which, by the terms of the act imposing
the same or by the action Of the public authorities
Hereunder, shall apply to any property or right
parted with, or any transaction made and COM
pcted prior to the adoption of the act authorizing
the same.
This paragraph of the order we supposed, would
effectually s2eld us from the payment OF the tax
mentioned, but are now informed by the o1ncers
OF the State for the collection Of taxes that the
order refers only to sales on commission for ac-
count of others.
We cannot think this construction Of the order,
favoring one class of merchants more than an
other correct. Our property or right had been
parted with, and our transactions maze anu COM
pleted prior to the adoption OF The act imposing
this tax, as fully as that OF the commission mer-
chandise curing the year 1866, and the consequent
losses sustained thereby, we're so great that IN
our opinion, the entire profits from safes naae
during the year, in the city, would hardy pay the
tax imposed by the State, and from TINS aeclne
the copimi ssion merchant was, from the nature OF
his business, in 4 measure, exempt, ana mas less
need OF protection than ourselves.
While at all times expecting to do our full snare
in supporting the State Government, we claim
that more OF the burden of taxation has been
placed upon us than We, in Cur crippled condition,
are able to bear; and therefore request to be IN
formed whether the order referred to was intended
to relieve us from the retrospective tax OF 1866.
Very respectfully,
Edwin Bates & Co., {. B. Stoddard Co., North,
Steele & Wardell, Strauss, yances & Co., Mar
snail, Burge & Bowen, ID. F. Fleming Co.,
Minor, Wilbur & Martin, t. ~ BRISTOL, per A.
$. Brown, attorney; Theo. D. Wagner, John John +.
" -Nciu q ouio, lhoIiPSon DiO AAAA'
Chisolm, Edgerton & Richards, q. B. Oakes, A.
j. Salinas, George W. Clark & Co.. G. A. Miller,
E. Daily, agent; F. Horsey, Dewey, Burkett q
Co.. A. G. Goodwin, agent; Noyes Vail, Good
rich, Wineman & Co., Z. j. Dawson Co /, Muir
ply, Little & Co., A. Canale H. Bischof Co.,
Isaac L. Hertz & Co., Taft & Rowland, Risley J.
Creighton, Joseph Purcell, E. w. Marshall,
President of Board of Trade; T. Kelly, II: q.
DeLeon, Vice President of Board OF Trade; A. s.
Wilmington & Co., Bomann Brothers, William
Gurney.
General Canby's reply, received Tuesday night,
December 8, is as follows:
HEADQUARTERS SECOND MILITARY DISTRICT,
CHARLESTON, S. c., December l, 1867.
MesSrS. Edtcln Bales d. Co., and others, Charles
ton, S. c.:
GENTLEMEy-R Referring to your petition of o.
tober 30th in which you state that you are in
formed By the State Tax Collectors for this dis
trIct that General Orders No. 92 refers only to
sales on commission per account OF others, am
instructed by the Commanding General to state
that the first clause of the orders referred to ap
plies to all mercantile transactions, whether upon
commission or otherwise, when the property In
volved actually parted with before the passage
Of the act imposing the tax
BY referring to Circular Of October 9th, from
.hese headquarters, copy OF which is enclosed,
,ou will find the mode pointed out for enforcing
md carrying into operation the provisions of
General Orders No. 92.
Very respectfully, gentlemen,
Your obedient servant,
(Signedl LOUIS V. CAZIARC,
A. d. c. and A. A. A. G..