3 Gill 14 | Md. | 1845
delivered the opinion of this court.
The legislature of Maryland, on the 1st of April 1841, passed an act, entitled: “An act for the general valuation and assessment of property in the State, and to provide a tax to pay the debts of the State.” By the first section, it is provided, that all real and personal property in the State; all chattels, real and personal; all goods, wares and merchandizes, and other stock in trade, at home, or not permanently located elsewhere ; the interest or proportion in all ships or other vessels, whether in port or out of port, owned by persons resident of the State; and various other descriptions of property, to which it is not necessary for the purposes of this case to refer, should
In conformity with the provisions of this act, an assessment was imposed on the appellant on account of his interest or proportion in certain vessels, amounting, in the year 1.841, to the sum of $1.12, in the year 1842, to the sum of $142.80, and to the same sum in the year 1843.
The appellant having resisted the payment of this tax, an action to recover its amount was instituted against him by the State of Maryland, in Baltimore county court, and at the trial of the cause, the following statement of facts was agreed upon:
“That the taxes charged in the annexed bills were regularly assessed upon the property of the defendant, under the act of the General Assembly of Maryland, so far forth as the formal valuation of property, the imposition of the tax, and the presentation of the bills are concerned ; and that the amounts so charged are the correct amounts for the respective years, under the law, upon die property held by the defendant in vessels. It was agreed, that the property so taxed, consisted in vessels which navigate the seas, and are regularly registered and licensed as American vessels, under the laws of Congress.” After the case reached the Court of Appeals, the record was amended for the purpose of introducing the further admission ; “that the appellant is a resident of the city of Baltimore and State of Maryland, and that his interest in the vessels taxed, arises upon vessels belonging to the city of Baltimore, and there trading.”
The appellant has denied his liability to pay the tax imposed upon him under this act of Assembly, on the ground, that so much of that statute as professes to tax his interest in vessels duly licensed in conformity with the act of Congress of the 18th of February 1793, is incompatible with the privileges and immunities conferred by the license, and repugnant to the constitution and laws of the United States.
The act of Congress, under which the appellant claims exemption from the operation of the Maryland law, is that for
The objects intended to be accomplished by this act, were, by excluding foreign vessels from a a participation in the commerce which existed between the States, to cherish and promote the growth of our own marine, and guard, as far as possible, the revenue from the frauds and abuses to which it would otherwise be exposed. It is therefore clear, that though the power to regulate the coasting trade, by an act like that now under consideration, has not been expressly delegated to Congress, yet their right to legislate on this subject is plainly deducible from that clause in the constitution, which has granted to the national government the power to regulate commerce with foreign nations, and among the several States.
In the case of Gibbons against Ogden, 9 Wheaton, the Supreme Court determined, that the power to regulate commerce with foreign nations, and among the several States, extended to the regulation of navigation. They say, “if commerce does not include navigation, the government of the Union has no direct power over that subject, and can make no laws prescribing what shall constitute American vessels, or requiring that they shall be navigated by American seamen. Yet this power has been exercised from the commencement of the government, and has been exercised with the consent of all, and has been understood by all to be a commercial regulation. All America understands, and has uniformly understood, the word commerce to comprehend navigation. It was so understood when the constitution was framed. The power over commerce, including navigation, was one of the primary objects for
Assuming however, as too clear for dispute, that this act of Congress was a constitutional exercise of power ,• the counsel for the State of Maryland have contended, that there is no color for the argument that seeks to exempt the owner of (líese vessels from the contributions to which he is liable, in common with the other citizens of the State, on the ground that the vessels were furnished with a coasting license by the collector of the port to which they belonged, because the only effect and object of this custom house document was to ascertain the ownership and character of the vessel to which it may have been granted, and that it gave no right to trade.
We are very clearly of opinion, that the counsel are mistaken in the view thus presented by them of the object and nature of the license. The American ownership of the vessel and her national character, is ascertained not by the license, but by the enrolment. It is the enrolment which shows that the regular proof of ownership and character has been given. This being accomplished, the owner becomes entitled to receive, and does receive from the collector of the port a license, the import and effect of which is, to authorise him to carry on the coasting trade, and navigate the waters of the United States.
In the case of Gibbons and Ogden, 9 Wheat. 1, the Supreme Court, after a particular examination of the various provisions of the act of Congress, regulating the coasting trade, and the
Conceding then, the truth of the propositions advanced by the counsel for the appellant: that the act of Congress, regulating the coasting trade, and providing for the registration, enrolment and licensing of vessels, is a constitutional exercise of the power conferred upon Congress to regulate commerce with foreign nations, and among the several States; that the license granted by the collector of the port to carry on the coasting trade in conformity with those acts, was not given for the purpose of conferring the American character, but was a legislative grant of the right of transit, and to trade upon and navigate the waters of the United States; and that any law of the State of Maryland, though passed in the execution of some one of its acknowledged powers, must yield when found in collision with a law of Congress, and the right conferred by that law, in the sense in which that term is to be understood in cases where there is an asserted conflict of powers, between the national and State Governments,- we approach the interesting and important enquiry, whether the fact that these vessels were
The taxing power of the State, as modified, and restrained by the constitution of the United States, was delineated with characteristic perspicuity and power by the late Chief Justice of the Supreme Court, in the case of McCulloh against the State of Maryland, decided at the February term, 1819, 4 Wheat., 316. At page 428 of the opinion, be says: “Before we proceed to examine the argument advanced by the counsel for the State of Maryland, and subject it to the test of the constitution, we must be permitted to bestow a few considerations on the nature and extent of this origina! right of taxation, which is acknowledged to remain with the States. It is admitted, that the power of taxing the people and their property, is essential to the very existence of the government, and may be legitimately exercised on objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power, is found in the structure of the government itself. In imposing a tax, the legislature acts upon its constituents. This is, in general, a sufficient security against erroneous and oppressive taxation. The people of the State, therefore, give to their government a right of taxing themselves and their property, and as the exigencies of government cannot be limited, they prescribe no limits to the exercise of this right, resting confidently on the interest of the legislator, and on the influence of their constituents over their representatives to guard them against its abuse. But (lie means employed by the government of the Union have no such security, nor is the right of the State to tax them, sustained by the same theory. Those means are not given by the people of a particular State, not given by the constituents of (he legislature, which claim the right to tax them, but by the people of all the States. They are given by all, for the benefit of all, and upon theory, should be subjected to that government only, which belongs to all.”
This is the reasoning, and such are doctrines of a court, whose decisions on questions of constitutional law, are to be received as conclusive, and we think, they clearly establish the validity of the Maryland statute.
It must be admitted, that property like that, which is now the subject of examination, was originally, and before lite adoption of the United States, embraced by die taxing power of the State. All subjects were legitimate objects of taxation, over which the sovereign power of the State extended, because this power is an incident of sovereignty, and is co-extensive with that to which it is an incident. The power of taxation extends to all the people of the government, and embraces every thing which may be fairly considered as constituting a part of the mass of property within the State. This is a cardinal principle, on the preservation and application of which, the existence
The interest upon which the tax in this case was imposed, was the private property of a citizen of Maryland, living within her territory, subject to her jurisdiction, protected by her laws, and bound in common with other citizens, to contribute to her support. The vessels upon which the tax was laid, constituted a part of his capital employed in trade, like that of the merchant, manufacturer, or artizan. Por the property itself, the State had provided by her laws, ample security and protection. It was taxed rateably, with other property produced within the State. The law in question, was passed by the legislature of Maryland, in good faith, to raise revenue for the high purpose of paying-the debts of the State, from what was believed to be legitimate sources, and not to interfere with the regulations of commerce, or with any other power possessed by the general government. Is there then, any rale of law, or principle of construction, by which the State is to be held, as having surrendered her right to tax this property, as a portion of the private estate of one of her citizens, residing within the limits of her sovereignty and jurisdiction? We drink there is not.
It is not necessary at this day to enter into an examination of the constitution, for fire purpose of ascertaining the class of powers surrendered to die general government, and those retained by the States. It is established, that the States still hold all the powers which they originally possessed, except such as have been delegated to the United States, or prohibited to the States. This is die language of the tenth article of the amendments to the constitution. And it clearly appears from the papers of die Federalist, that the distinguished men, who participated so largely in the formation and adoption of the constitution, regarded tiiis as its true interpretation, in the absence of the amendment referred to. The author of the thirty-second
Lot the question before us be tried by this rule.
We are now considering the taxing power of the State. The only express prohibition to be found in the constitution of the United States on this power, is that contained in the tenth section of the first article, by which the States are prohibited, unless with the consent of Congress, from laying any imposts or duties on imports or exports; and are also, without such consent, prohibited from imposing any duty on tonnage. This is die only limitation upon the' taxing power of the States, to be found in the constitution of the United States, and it has been asserted by very distinguished authority, and we think correctly, that this revenue power, as it originally existed, is subject to no other restraint. The authors of the Federalist, when examining the subject of tire taxing power, in the thirty-third number, say: “The inference from the whole is, that the individual States would, under the proposed constitution, retain an independent and uncontrollable authority, to raise revenue to any extent of which they may stand in need, by every kind of taxation, except duties on imports and exports.” By every kind of taxation, they mean, the right to tax all persons and property within the jurisdiction of the Slate, and as such, subject
It may be admitted, that after the States had surrendered to the general government the whole commercial power of the country, a restriction on their original right to impose duties on imports, would, if not expressly provided for, have been implied} because, as the imposition of duties on imports, is an instrument by which Congress may most effectually regulate commerce with foreign nations, the reservation of this authority by the States, would have been absolutely and directly incompatible with the commercial power granted to the national government. But this restriction was not left to implication. It was expressly inserted in the text of the constitution, and it may well be contended, that the prohibition on the taxing power of the States, was inserted ex industria, that this essential and vital power, about which the States manifested at all times so much solicitude, might be forever protected against implied and constructive limitations. When the States surrendered to the general government this rich source of revenue, it was not supposed
We are aware that there has been created by the general government, a large class of subjects, without the reach of the taxing power of the States. The fiscal agents of the government, the army and navy, the judicature of the United States, the public ships, the national institutions and property, are exempt from State taxation. Why? Not upon the ground, that the States were restrained by implication, from taxing the national institutions and property. A restriction created by implication, supposes, that but for the implied limitation, the power would have existed, and might have been exercised. But, because those subjects, in the nature of things, never could have become objects for the taxing power of the States. They constituted no part of the resources of which the States were originally possessed. Having been created by the national government, they could not have been liable to taxation by the States.
It is also a very clear proposition, that the institutions of die United States, though within the territory, are constructively without the local jurisdiction of the States, in every respect, and for every purpose, including that of taxation. It is upon this ground, that the institutions of the United States, the judicature, the custom house, the public ships, are safely placed beyond the reach of the taxing power of the States, and not because of any implied restriction on that power. In the same class, may be placed imported goods in the public warehouses, on which the duties have not been paid. Property of this description, may be within the temtorial limits of the State, but not within its jurisdiction, so as to subject it to the taxing power.
It cannot be maintained, that the doctrine of implied limitations on the taxing power of the States, is established by the case of Brown against The State of Maryland, 12 Wheat. 419. The court considered the law of Maryland, requiring the importer of foreign articles to take out a license from the
'Waiving, however, this view, and assuming that there are cases, in which the taxing power of the States may be restrained and defeated, by implication; upoir what principle is it, in this aspect of the case, that the State is denied tire right to impose tire tax, now under consideration?
The counsel for the appellant, contends,, that tire right claimed by the State to tax tire appellant’s interest in these vessels, is incompatible with the privileges conferred upon him by the license; and, that this being so, the law of Maryland must fall on the well established principle, that where there is a conflict, between rights under the law of the local government and a law of Congress, the State law must yield to that which is supreme and paramount.
An answer to tire argument presented on this branch of the case, is: that there is, in fact, no incompatibility between tire law taxing the interest, which tire appellant possesses in these yessels, and the license, authorising them to be employed in the coasting trade.
It is, in all its features, unlike tire case of Gibbons against Ogden, to which it was assimilated in the argument. In that case, tire grant by the legislature of Neto York to Livingston .and Fulton of fire exclusive navigation of the waters within tire limits of the State, with boats moved by fire or steanr, operated as a practical denial of the right conferred on the owner .of the steam boat Bellona, by her coasting license, to navigate
But no such collision can result from the tax imposed by the statute of Maryland. The State does not pretend to interfere with the right of tlie appellant freely to navigate, with their vessels, the waters of the United States, or require him, as in the case of Brown against the State of Maryland, to obtain from tlie State a license, as a qualification for the exercise of a privilege to which he had become already entitled by a law of Congress.
It has, however, been contended by the counsel for the appellant, that a right to tax, involves the power to prohibit and destroy; that Maryland may hereafter determine to banish from her waters all trade; that to accomplish this purpose she may change her fundamental law; and that this power of taxation, if tolerated, may be so abused by her, and diverted from its lawful purpose, as to be directed against our marine, and those branches of commerce and navigation, in the prosperity of which the whole country is concerned, and which have been placed exclusively under the protection of the national government.
But an answer to lie given to this argument, is, that to render a State law unconstitutional, or extinguish a State power, by-implication, on the ground that it is repugnant to powers vested in the General Government, tlie repugnancy must be clear, immediate and direct; and not that which is merely speculative, indirect and contingent.
In the case of McCulloh against the State of Maryland, the Chief Justice of the Supreme Court expressly stated, that the opinion did not extend to a tax imposed on the interest which the citizens of Maryland held in the Bank of the United States, in common with other property of the same description throughout the State. And if it be hue, as there determined, that tlie proprietory interest held by the citizens of Maryland, in the bank stock of the Bank of the United Slates, could not
With much more reason could it have been maintained, that a tax upon the interest of the stockholder was repugnant to the act of Congress drawn in question, in that case, than that this tax was repugnant to the act of Congress regulating the coasting trade. A tax upon the proprietoiy interest of the stockholder in the Bank of the United States, would operate indirectly upon an instrument created by the national government for the purpose of carrying into execution its acknowledged powers. But this, it was held, could produce no constitutional repugnancy. Unless the repugnancy between the operation of the State law, and the right claimed under the law of Congress is direct and irreconcilable, the State power must be upheld.
The true rule on this subject is to be found in the Federalist. It is there stated in the thirty-second number: “That it is not a mere possibility of inconvenience in the exercise of powers, but an immediate and constitutional repugnancy, that can, by implication, alienate or extinguish a pre-existing right of sovereignty.”
The distinction is between an immediate, direct, and necessary conflict of powers, where power stands arrayed against power, as in the case of Gibbons and Ogden; and one that is merely possible, and often occurs in our fonn of government, where powers, harmonious in themselves, are seen operating upon the same subject.
We can perceive no repugnancy, between the law of Maryland, imposing a tax upon this property, and the acts of Congress, under which an exemption from it has been claimed by the appellant.
We think, therefore, that the imposition of this tax was a constitutional exercise of the taxing power of the State, and that the judgment of the county court must be affirmed.
JUDGMENT AFFIRMED.