Constitutional history -- United States -- Sources; Constitutional law -- United States
As to the suggestion of double taxation, the answer is plain. The wants
of the Union are to be supplied in one way or another; if to be done by
the authority of the federal government, it will not be to be done by
that of the State government. The quantity of taxes to be paid by the
community must be the same in either case; with this advantage, if the
provision is to be made by the Union that the capital resource of
commercial imposts, which is the most convenient branch of revenue, can
be prudently improved to a much greater extent under federal than under
State regulation, and of course will render it less necessary to recur
to more inconvenient methods; and with this further advantage, that as
far as there may be any real difficulty in the exercise of the power of
internal taxation, it will impose a disposition to greater care in the
choice and arrangement of the means; and must naturally tend to make it
a fixed point of policy in the national administration to go as far as
may be practicable in making the luxury of the rich tributary to the
public treasury, in order to diminish the necessity of those
impositions which might create dissatisfaction in the poorer and most
numerous classes of the society. Happy it is when the interest which
the government has in the preservation of its own power, coincides with
a proper distribution of the public burdens, and tends to guard the
least wealthy part of the community from oppression!
As to poll taxes, I, without scruple, confess my disapprobation of
them; and though they have prevailed from an early period in those
States[1] which have uniformly been the most tenacious of their rights,
I should lament to see them introduced into practice under the national
government. But does it follow because there is a power to lay them
that they will actually be laid? Every State in the Union has power to
impose taxes of this kind; and yet in several of them they are unknown
in practice. Are the State governments to be stigmatized as tyrannies,
because they possess this power? If they are not, with what propriety
can the like power justify such a charge against the national
government, or even be urged as an obstacle to its adoption? As little
friendly as I am to the species of imposition, I still feel a thorough
conviction that the power of having recourse to it ought to exist in
the federal government. There are certain emergencies of nations, in
which expedients, that in the ordinary state of things ought to be
forborne, become essential to the public weal. And the government, from
the possibility of such emergencies, ought ever to have the option of
making use of them. The real scarcity of objects in this country, which
may be considered as productive sources of revenue, is a reason
peculiar to itself, for not abridging the discretion of the national
councils in this respect. There may exist certain critical and
tempestuous conjunctures of the State, in which a poll tax may become
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