New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-14

|
| and dwelling houses only. Under the act OF
| 1898, slaves assessed at so cents each under
This review shows that personal property contracts
cupations and the like have never been regarded by Con-
posed that slaves must be regarded exception to their
observation But tue exception is rather than
tation which il described in tho Constitution RS d.
rect tax as property they we're by the laws OF some
not most OF the States cassed as real properly descend
able TO heirs Under the first view they wond be subject
to the tax OF 1885, capitaton tax under the latter
a realty. That the latter view was that taken
by the trainers of the acts after 1888 becomes
the States where slaves were held much Of
the value which would otherwise attach TO
only had valued without the slaves the land would
have been subject to much heavier proportional lmpos
ton In those States than the States where there were
no slaves for the proportion OF tax imposed ON each
state was determined by population without reference
The fact then that slaves were valued under the acts
referred TO- far from showing as some nave supposed
object OF direct taxation under the C9nsutnon snow
During the FeInSy term q 1895 the cOnstitutiOnay
OF the acts OF 49, imposing duty On H Gstg ss came
United States Suit was brought by the United states
the act for not returning and paying duty number
Of carriages for the conveyance OF persons kept by the
defendant for his own use. The law did not provide
for the apportioDment OF the taxes, and
It was direct tax the law Tns o WAS
question in the therefore, was whether OF not the
tax was q direct tax. The Was OF great expec
tation and general interest was felt in its determine
ton 1t argued in support Of the law by Lee Ato
neyGeDera, and Hamilton, recently Secretary OF the
Treasury in opposition 70 the tax by Campbell Ator
ney for the Virginia district, and Ingerso, Attorney
OF the Justices Who filled this bench Ellsworth Pat
terson and Wilson had been members and conspicuous
members Of the Constitutional Convention and each OF
the three had taken part in the discussions relating to d
rect taxation. Ellsworth, the ChefJustce sworn Into
office that not having heard te whole ss
Senior Associate Justice, having been prevented by nds
from expressing an opinion The other Judges delivered
their opinions In succession the youngest In commission
all held that the tax on carriages was not
direct tax within the meaning OF the CONSTITUTION.
Chase Justice inclined TO think that the direct taxes
Contemplated hy the Constitution only twOa capita
poll tax and tax on land. He doubted whether
be included within the direct tax Patterson, who
had taken leading part in the Constitutional CONVEX
giving the OF taxation were used by that body In
the course Of this examination he said: whether direct
other tax than capltatlon tax and tax on land
ia the aggregate things that generally pervade
all the States In the Union, Them perhaps the rule OF a
|; an assessment was to intervene This appears,
from the practice Of some OF the states, TO have
Consultation OF the United States a matter OF some diff
fculty but il Is not before the court IL would De I'M
proper give any decisive opinion upon t. Ineyer en-
only object that theramers OF the Constitution eontem
patedlas falling within the rule OF superintendent was
captatOn tax and land" Iredell delivering his
opinion length, concurred generally Ia the views OF
Justice Chase and Patterson. Wilson had expressed bis
opinion 10 the general effect when giving the de
cison upon the circuit and did not now repeat them
Neither CheiJustice Ellsworth nor Justice Cushing eI-
pressed any dissent and it cannot be supposed II ID
case so important, their Judgments had differed from
those announced, that an opportunity would
not have been given them. by an or
der for reargnment, to participate .pe,o IN IN, ,hs
unanimous Judgment Of the Court that tax on carriages
not direct tax and may further be taken ,S as ssnS
direct taxes used III the Constitution comprehends
taxes on personal property by general valuation
sessment Of the various descriptions possessed WITHIN inc
tax without apporonment extends TO all other objects
Taxes objects included under the heads OF
be laid and collected by OF uniformity The
der consideration is tax on bank circulation and may
IL is not In the sense OF the Constitution direct tax
1t may be said 10 within the same category OF taxes
AS the incomes OF insurance companies, which tbs
Court in the OF T0ule agt The Insurance company
held not TO be direct tax Is Il then tax on iran
principle exemptng the reserved powers OF the States
from Impairment by taxation must be held to have no
We do not say that there may be such II may
be admitted that the reserved rights the States such
the right pass laws TO give effect to laws through
executive action to administer justice through the courts
and to employ all agencies for legitimate OBJ
ects are not proper subjects of the taxing power Of Con
But 1t cannot be admitted that franchises granted
BY State as necessarily exempt from taxation. for
franchises are property-Often very valuable
aud productive property; and when not con
ferred for the purpose OF giving effect TO some
reserved powers Of a State TO be properly
objects Of taxation any other property But in the
before the the object Of taxation is not the iran
chise OF the bank but property created or contracts
and issued under the franchise power TO issue
bank bills railroad company In the exercise OF lts
corporate franchises issues freight receipts, bills Oh
lading passenger tickets and it cannot be doubted
10 the state as the organization OF banks But IL will
hardly be questioned that these contracts OF the com
pany objects OF taxation within the powers Oh anu
exempted by any relation TO the State which granted
the charter OF the railroad ana u seems aen 10 as
tnguish the taxation OF notes Issued Tor circulation rom
.he taxation OF these railroad contracts. bOlh
TO the corporations which issue them and
both, as think may properly be made
contributOry To the public revenue IL Is insisted now
that the tax in the case before US Is excessive ana
excessive TO indicate purpose on the part OF Con
gress destroy the franchise OF the bank anu there
fore beyond the constitutional powers Of Congress Tue
first 10 this is that the udca! cannot prescrOe
TO the legislative department 9i te Gove,nnsr S nr
10 tax may be exercised oppressvey upon persons Dut
the responsibility Of the Legislature IS not 10 te courts
but To the people by whom the members are eected SO
that IL particular tax bears heavily upon corporation
class OF corporations II cannot tnereiHre NC pO
other answer which vndicates equally the WISDOM ana
II cannot be doubted that under the Constitution the
power provide circulation OF coin Is given 70 Congress
and IL Is e. v oy as aeops bsr Congress may con
sutonally authorize the emission OF bills OF credit IL
is not important here 10 decide whether the quay OF
legal tender in payment OF debts be consttutonay
important these bills but 10 Is enough 10 say hat
be question OF the power OF the Government
10 emit them make them receivable in payment Of
debts ITSELF 10 t them for use by those who see Mt 10
for their redemption otherwise and thus 10
make them currency uniform In value and description
and and useful for circulation These powers
until recently only partially and occasionally eAer
cised Lately, however they have been called INTO fu
activity and Congress has undertaken To supply aeor
rency for the entire country.
Tie methods adopted for the supply OF this currency
were briefly explained In the first part OF this opiD9n
II now consists CON- OF United states notes. and Of the
notes tho National banks Both descriptions of notes
are properly described bills OF credit Tor both are uE
nshed by the Government both issued the credit
of the Government and the Government Is responsible
f,vf har m tnn Al AS
scrpton alternately 20 the second. When these
bills shall be made convertible INTO coin at the VIII OF the
hold ia "