Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1878-12-12
Tie Rights Of tho States.

WASlllNGVON} DcCCmUer d.-ln TIE
Sepreme Court to-day Justice Field dcliv-
cred the opinion in the case Of John r..
Keith, plaintiff in error, against II. A.
Clark, collector in error to the Supreme
court for the State of Tennessee. The
principal question involved 10 this cause is
whether the Stoto Of Tennessee is obliged to
receive in payment of taxes tho now de-
preciated notes of the Bank Of Tennessee
ne it bound itself to do by section IL Of the
charter Of the bank in 1888; or whether
it can rcpudiatc that contract as to notes
issued after May 6, 1861, on tho ground
that the State government was then forci-
oily seized by insurgents and its power
usurped. The case raises several Federal
questions of interest
In tho opinion delivered, Justice Miller
holds:
]. That the theory that there can be two
diffcrcut political entities called States
within tho same geographical limits, one
loyal and ono rcbellious, is fauciful and
untcnable, and there mover has been more
than ono political society in existence as an
organized State Of Tennessee from tho day
of it's admission into the Union in 1896 to
tho present hour.
Q. There is no foundation for theory
which maintains such separation of the
seeding States from the general govern
ment as to make their legislation, while in
rebellion, void and invalid unless rati-
fed by positive laws enacted since their
restoration.
8. There is no evidence in the case to
prove that tho issues of notes by the Bank
of Tennessee after May 6, 1861, were made
for tho purpose of aiding insurgents or in
violation of tho constitution and laws of the
United States, and that consequently the
contract which the State made in 1888 to
take the notes of the Bank Of Tennessee in
payment of taxes is and has all tho time
been under the protection of the Federal
constitution.
Tho judgment of tho Supreme Court of
Tennessee is, therefore, reversed, and the
cause rcmanded for further proceedings in
accordance with this opinion. Justice
Bradley delivered dissenting opinion,
denying tho assumption that the govern
mcnts of the acccdcd States were lawful
governments. The Chief Justice also de-
liyered dissenting opinion.
New WAY TO PAY OLD DEBrs.-A
proposition has recently been made that
the national debt can now be paid off by
tho imposition OF annual tax of $40 on
''gencraIs," $40 on 'coloncls," and IS on
"majors." There is nc doubt of this. The
enormous revenue that would accrue from
such source would in very short timc
wipo out the entire dcbt After this it
could be applied to the settlement of the
labor question, as tho fund would be sufli-
oient to make handsome distribution per
capita for the whole country. 1t is a won.
der that Butler and Mr.. Kcarney have not
thought of this before. 1t would be no use
to impose tax on any title below tho rank
of "major," for Captain Vance, the appoint
ment oerk of tho Treasury Department,
says SO far as he can discover, he is tho only
''captain" loft, either of the Union or Con
federate armies. This is sad but in lieu of
"oaptans' tax might be laid on "judges." "
Even in the present dull times there are
not less than two thousand "judges" in
Washington alone, and the "gcncrals" arc
simply countless. Many or them doubtless
would find it difficult to pay the tux, but
sooner than part with the titlo they would
manage to squeeze it out.
Washington Cor. Baltimore Sun.