Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1879-08-26
Portland Press.
THE GREENBACK NOT TAXABLE.

/ The ArgHS recently contained letter
/ from somebody, who did not dare 10 put
his name TO it, loudly berating the Hon.
/ John Z. Swasey of Canton, for saying that
/ the greenback was not taxable. Now ev-
I erybOdy who knows anything about law
knows that Mr. SwaSey stated what l. the
fact. That any and every obligation, sew
I cry pledge of the national credit, is not
taxable and never has been since the foun-
datiOn of the government, ought 10 be well
known. Chief Justice Marshall as long
ago as 1919, sixty years ago, in McCulloch
vs. MARYLAND Wheaton 436, declared even
q branch Of the United States Bank non
taxable because il was ''an instrument en-
plOyed by the Government OF the Union 10
carry its powers into execution.
The court has bestowed on this subject
its most deliberate consideration. The re-
suit is a conviction that the States have no
power, by tdrdti0R or Otber1CiSs, 20 retard.
impede, burden, or in any manner control,
the operations of constitutional laws en-
acted by Congress to carry into eXecction
the powers vested In the general Govern
ment.
Ten years afterwards, in 1929, in Weston
y. Charleston, Peters, 449, the Chief JUS
tice reiterated with emphasis the same
opinions:
The tax on Government stock. said he,
lis thought by this court TO be a tax on the
contract. tax on the pO,oer % bor0p
money on the credit OF the United States,
and consequently 20 be repugnant 10 the
Constitution.
And hence the court held that the tax
imposed on Weston's bonds was void.
Treasury notes whether lcgaltender or
not come under precisely the same rule.
What i a grecnback: Let the Supreme
Court of the United States answer opinion
Of Justice Bradley
1t IL pledge Of the National credit. II
is % promise by the Government TO pay
dollars: not an attempt 10 make dollars.
Lcsal-Teudcr Cases, II Wallace, p. 56O
ON this point there is no dissent by the
Judges who differed with the majority Of
the Court on the main question. Says Mr..
Justice Clifford, same case, p. 6l3;-"Gov-
erumeut notes. IL i conceded may be is
sued A. a means of borrowing money"
Saws Mr.. Justice Field. p. 64S ~ have
thus dwclt M length upon the clause of the
Constitution investing Congress with the
power to borrow money on the credit of
the United States because Il is under that
pDlrsr that me notes ~ me United States
i-src issued
Why. even certificates of Indebtedness
have been declared by the Supreme Court
not 90 De- taxable. I'm that case The Banks
". The Mayor; Wallace 49, Chief JUS
tiCc Chase says
The principle of exemption is that
States cannot control the National Govern
meut within the sphere OF is constitutional
powcrS-for there it i SuDreme-and can
not tax It's obligations for the payment of
money issued for purposes within the range
of it, powers" T. -.
Now why i ii i'm matter so clear Is this
that the irluS i anxious 20 disseminate
an opinion - erroneous A. that OF its cor
respondent and even goes 10 the length of
ahusin. lawyer of such nigh standing a.
Mr. SwaSeys Simply because II the pco-
pie once get hold Of the truth, they will
see that i'm substituting 32n. uoO,O 900 Of
grccuhackS for the National bank-note>.
they are adding S32o, 900 900 to the non
taxable property of the country. This in
addition % the loss of taxation on the
banks shows but too well the abSurdity of
the DemoCratic-G reenbaCk attempt 20 de-
privc the people OF sure, certain and tax
able circulation.