The Portland daily press., 1867-07-30

~ SSAA - 49, sSs -
,44 s5s OF BRUNSWICK. ".'t
'-h Repatriation in Connecticut.
is Connecticut is the only Northern State in
which the Democrats have an opportunity to
do anything more than to object, and to sketch
the outlines Of policy in vague and general
terms. There, with the aid Of few couserv-
ative Republicans, they are able occasionally
to leave their impress upon the statute books
of the State. On Friday of last week an act
taxing government bonds was passed by the
House of Representatives. The bull was
drawn in an ingenious manner,but was clearly
intended to impose a tax upon a species OF
property which the supreme legislature of the
country has declared shall be exempt. In this
State the proposition to do the same thing
has been met by 50 unmistakable expressions
Of popular indignation that the prime movers
have made haste to declare that they did Lot
mean 1.-THE injured innocents only urge that
Congress shall break its own plighted faith
instead of leaving the States to nullify its ac-
ton. But should an opportunity offer, would
they not be as eager as their Connecticut
brethren to taRe the work into their own
hands? Now, on the eve Of an election, they
acknowledge that there are certain "musty
decisions" by the Supreme Court Of the Unit
ed States that forbid them to act the unworthy
part. Yet, says one of their oracles, should it
be necessary, these "musty decisions might be
sacept away" 1t is strange that the Court
whence these decisions emanate should be
treated SO lightly now, when all its utterances
are inspired by spirit of veneration for hui
man rights. 1t was not so when the slave
drivers whip was as resonant in the hall OF
justice as Oh the plantation--when the ermine
of the judge was but the livery In which he
clothed himself to do the bidding of slavery.
When the Supreme Court wickedly placed 1t
self directly across nations pathway to
higher civilization, when 1t declared that "the
negro had no rights which q white man was
bound to respect, the oracles from the oaks
OF Dodona were never received by pagans
with more unquestioning submission than
the judicial DEGREES by the Democracy. sdl iuo
The attempt to tax government bonds is
the modern form which the state sovereignty
theory has assumed, or rather it is an old
form resurrected. Chief Justice Marshall, as
long ago as 1919, was impressed with the Sc
rious consequences to the national govern
ment which would follow from allowing it to
be obstructed and controlled by the States in
the exercise Of one of its most important func-
tions---that of raising money. At that time
the State of Maryland claimed the power to
tax the branch of the United States Bank
which had been established at Baltimore. The
case reported in Wheaton 316. The Chief
Justice in delivering the opinion Of the Court
said that it h ad been presented by counsel on
both sides "with splendor of eloquence and
a strength of argument seldom, If ever, sur
passed" Webster and Pinkney argued in be-
half of the nominal plaintiff for the United
States, while among the counsel for Maryland
was the celebrated Luther Martin, who had
soma, years before defended Burr when ar
raiened for treason. That the court regarded
the question at issue as identical with the one
which has since been SO potent to excite civil
comnotion appears from the exordium Of the
Cnie' 'ost'css taDa'f & ~ to tfpt1 sAi
In the case now TO be- determined. the de-
fendant, . sovereign State, denies the obliga-
nG aw tSn ant ~ ,ne h; 0l sas
the validity of an act which has been passed
by the legislature of that State. 50 s. u
without a deep sense Of it's importance and Of
the awful responsibility involve in its decision
sourcs of Soss;,a G lao;sat;om nar2ans of 1o.t;E.
ty of still more serious nature and if it is to
pc 50 decided, 6y TINS tribunal alone can the
- .'s,.A, 81
Appfoacnins tne SUBJECT with TINS ieelmg-
~ "''o' ,'" JUG 'i'oS' m ue''oera'e ' col-
IT,, -. 49, a. b
s.nas III W va lns9asss tne power 70
S rcy,aa. sr, az " ay 4tt
thn. = ,,,a; Sne pomoi snas
oIa ooyernnan+ AZ nar e. a. nontrni ~ eo,l Un
stitutional measures Of another, which other
WIN wi reSpecs 70 snose very measures ecla, h,
control, are propositions not to be denied.
The result i cony Teton
otherwise % to retard. impede. mi burthen or in any NJ
manner control the operations of tine constitu-
svecnt;am tha notags vestad IN ~ Tho asnera,
government. This is we think the unavoid-
aole consequence OF the supremacy which the
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~. !. ro,,ou.o, - A.. 81, oo,,no;, :,
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0hariestoh, oousu Caroi'na, zen years iaeer'
imposed a tax upon United States stock. The
cons t;tut;onal ground unon which in all tbese
-, -,
cases the power OF tne otate 10 impose sucn
p :. .s.sa4u4, > s.at...s,,
ane people nave We .a;r oovsrreut pt and hv
making that Government supreme, have shield
ed its action in the exercise OF that power,
from the action Of the local governments.
rho 49,. h.,a ,ha,.s,r. ath.t q tax or
Ahe oo"is "eu, '. IN
the stock OF the United States, held by an IN
d;v;dnal citizen of n State. is a tax on the
,-- ~ 10 ~. !, .
power 10 Dorfow money Oh tne credil Vi 'he
United States, and cannot De ievled oy OF un-
der the authority OF q state consistently win
the constitution. f4s l5 iIl .-ftuol D.
The position taken py the supreme Court
in these cases has not lacked the support o'
the eminent Jurists VINO nave written com
mentaries on our constitution or laws. The