Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1881-05-23

Wallace, p. II: II. An enactment 10
a state statute that the sheriff shall
pay over to the county treasurer the
full amount Of the state and school
taxes, in gold or silver coin, and that
the several county t%reasurers shall
pay over to the state treasurer the
state tax, in gold and silver coin, re-
quires, by legitimate, ifnot necessary
consequence, that the taxes named
be collected in coin. But, if in the
JUDGMENT of this court, this were
otherwise, yet the supreme court
of the state having held this
construction to be correct, this court
will follow their adjudication. 2. The
clauses in the several acts of congress,
of 1862 and 1863, making United
States notes a legal tender for debts,
have no reference to taxes imposed
by state authority
| quote now from the opinion of the
court in the above case, delivered by
Chief Justice Chase: THE people of
each state compose a state, having its
own government, and endowed with
all the functions essential to a sepa-
rate and independent existence. The
states disunited might continue to
exist. Without the states in union,
there could be no such political body
as the United States. = But in
many articles of the constitution the
necessary existence of the states, and,
within their proper spheres. the indie
pendent authority OF the states, is
distinctly recognized. To them nearly
the whole charge ofinterior regulations
is committed or left; and to them and
to the people all powers not expressly
delegated to the national government
are reserved. \ 4 = Now, to the
existence of the states, the power of
taxation is indispensable. 1t is an es.
sential function of government.
p. rs. "The extent to which it shall
be exercised, the subjects upon which
it shall be exercised, and The mode in
which it shall be exercised, are all
equally within the discretion of the
legislatures to which the states com
nit the exercise Of the power. If,
therefore, the condition Of any state,
in the judgment of its legislature, re-
quires the collection Of taxes in kind,
that is to say, by the delivery to the
proper officers of q proportion Of pro-
ducts, or in gold or silver bullion, or
in gold or silver coin, it is not
easy to see upon what principle the
national legislature can interfere
with the exercise, to that
end, Of this power, original in the
states and never as yet surrendered.
Page Y. 1.-THE language of the su-
preme court of New jersey was still
more explicit "a tax, in its essential
characteristics, said the court, is not
a debt nor in the nature of a debt. A
tax is an impost levied by authority Of
the government upon its citizens, or
subjects, for the support of the state.
1t is not founded on contract or agree
ment. 1t operates in invitum. A
debt is a sum of money due by GER
tain aud express agreement. 1t origin.
ates in and is founded upon contracts
express or implied."-7 Wall. p. 30.
That is, a tax is not such a debt for
which suit may be brought, etc.
The legislature repealing the brok-
ers' 1908 act, and enacting such a
measure as | have suggested above,
what are you going to do about it,
specializing broker of Wall street,
gambling lobbyist at Nashville, brok-
ers' bill newspaper, or lawyer? why.
sue the state or its tax collector, and
compel it or him to receive my tax
receivable coupons in payment of state
taxes, upon the ground that your law
declaring in what funds only the state
taxes shall be paid, impairs the obi
cation Of my contract Indeed
Well, read my next article, and you
will, perhaps, change your mind, and
conclude with me that the people o.!
Tennessee, if they so will, can, within
two years from this time, make your
tax-rsceivable coupons utterly worth.
less, except as old paper.
Mayo, 1881. TRUE DEMOCRAT.