The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-02-13

le ~ 10 Inquire hns~ s
The resolution Of inquiry introduced
| irto the House Of Delegates by toionei
smith has revived question when - MOI
new in the vicinity OF Fortress Monroe:
The good people OF the county OF Eii1a-
beth CITY have long been puzzled 10 KNOW
wny n IL that merchants and others residing
within certain imaginary line can conduct
business, successfully compete with tnem,
and amass wealth, and yet pay no TAX 20
fine state and county. That this y not
RIGHT. no one except those personally IN
terested VIII for moment question.
How 10 get at them in view OF the law
on the subject Is the thing to determine
have thei cfore made
SHORT ABsTAcT WITH SUGGESTION.
7. Can persons residing on land ceded
| nv consent OF the Legislature 10 the United
states be taxed by the State in their per-
sons. privileges, or property
Wherein consider:
1. The Constitution OF the United States:
| Article l., section 8; IL. The Uniteo
States has exclusive jurisdiction.
9. Construction placed upon 1t by tue
fromers or authors OF the Constitution. 2
Story, 1220-122i; 2 Ellioys Debates; FED
eralist. No. 40, page 200.
3. Construction placed upon y by text
writers. Story, 1224-122G-122I; i Kent
Com. Lee, 10, pages, 3O2-fO4, additlon
1867, margin page 429; T. p. 4G4, section 9.
| RawIe on the Constitution.
4. Construction by adiudicated cases. 9
wheat. 424, cited at length in Story. 1891 !;
Mitchell Us. Tibbetis, II Pick. 29S; French
Us. Bankhead, IL Graf. 1856; United States
rs. Cornell. 9 Mason, go; United States Us.
David Ames, 1 Woodbury. and Minat, ~ !;
Com. Us. Clary. Mass, ~.
| III, A provisal occurs IN the deed OF
cession providing that the writs OF the Com
monwealth shall run there, &c. AS to the
construction OF these proyisals see 2 story
1925, Kent 41S. the cases above cited, ana
Mason 1856, Otto 1851, Peten OIL.
III. From these authorities we con-
clude:
1. That the State has no power to tax
persons residing upon the territory coded
to the United States for the purpose of ma
tionai defence. either in their persons or
property or for the enjoyment OF privi-
lege.
3. Congress cannot confer upon the State
CHS power.
". How, then, can they be reached
L. DecIaTt ludI pOItiOh vi IuC idhu sO'
apart by acts OF Congress and orders OF the
War Department for the occupancy and
use Of these people in the prosecution OF
their business forfeited TO the State. under
the express condition OF the deed OF ces-
sion. This would doubtless evolve costly
and lengthy litigation.
2. For Congress TO repeal at once every
act authorizing such unlawful use OF the
said property, and revoke every order OF
the War Department to that effect and re-
quire these people to vacate.
This, however Just and proper 1T might
be, would be hard TO accomplish.
Or,-and this is the suggestion
3. Memorabilia Congress to pass law
requiring persons residing on these lands,
aud exercising privileges there, to hist
themselves and their property upon the
commissioners books Of 'the county OF
which the land was once part. and to pay
to the proper officers OF said county such
State. county, school, and license tax as
citizens Of the said county are required to
pay IN like cases, and affixing heavy pen
atty for the failure to do so. "LEX."