Chicago Daily Tribune Newspaper, August 20, 1877, Page 2

: MONDA AUGUST 20, 1877 = ——— wonld be worth 1'as than hefore, or tuat any | lowa the person, coulil not; and never was In- | ment. The United States Supreme Court, In | Kirtland case coutd not have come np betors property would he destroyed?Or does any ouie | tended to, have any extraterritorial effect, It | thecase of Wedun pe. City of Charledon (2 Pe- | any of the courta ot K k, Franee, }m:lum' enpoege that any Increass of Natdonal or State | bas been adopted by comity, nud may be re- | fers, 419), sald: *<The tax on tosernment stock | Germany, Switzerland, Haly, or Lower Canady! Indebtedness would increase the wealth of the | voked by lcziedation at any tline: and was l.«muughlbyum court to be a tax ou the power | for {n none of these countries are delts re. couatrs! 1( g0, a natjonal debt wainld not ontv | adopted for the single purpose of facliitating | to horrow money on the credit of the United | arded fn tie Heht of property, sublect to taga. be a nitional bleesing, but_an Injividual debt | the transfer of property. If real estale were | Btates;” onid the court further added: ““Tho | fion, And until, ns o nation, e ceaze to over. woutd be an individual blessing, Yet thereare | made subject to the same rule or fletion | right to tax the contract to any extent when | burden ourselves in the race for commer. fal and 2 THE CHICAGO TRIBUN STATE TAXATION. Is, that property is alays a_pAyrieal actuality, with inheping righla or tikes, the product elely of e e labor, and ia niwvxzs measured In respect to ralue 3 and for erhanqs by fa'or, Thus, for cxample, a Are Titles and Debts Pro; B8h Tree in the ocean 13 not property: but, when 5 -t s been caught through the Instrumentality erty? af iabor, it becomes penperiy. Property, for- have vory generally come to remard the two as equisalent og identleal. Considoratlon ls, there- fore, next asked to this point. Troperty holng embodied and aecumulated la- hor. it becomes endowredd, in all places wheret rielit< of labor nre recognized, with tho tribates and incldents of “titles or evi- thermaore, cannot be created, exeept by an a denee of just ownership or pos- | kome persons ro wedided to the theoty that | of law, it would not withdraw ft from tho | maile must operate on the poweer to borrow hefore | industrial supremacy, we eannot lemitimately plication of labor of some kind to materlal sul sesslon—inchoate, legal, or equitable | debts are property, that they logfeally feel | dominion of the State where It was lo- | it fs exerciaed, and have asensible {nfluence on u?m to win the flest place or the great priz,. David A. Wells’ Paper in the | fances, which, because they are substances, and | —wiiich inhere In the property, fotlow it, and | alarmed at the liquldation af “delts ns aereat | cated, and it would bo stlll subject to taxation | the contract,” "Thia decision, therefore, settlea, | or huae that our labor and eapltal whil ba & 8-t'ap © | in order to he Aubstances, must inve both a cor- | form a component part of it wherever found. | destruction of property. Tiu-‘ frel that deht, | at the place of location. A sharcholder’d futer- | as a principle of law, that. [f a borrower | to yivld to us the greatest abundance. it “ Atlantic” for Sep-- ° 1, OF AN entity, and a aitus, or & situation. It | The fact that the ownership, Interest, or title of | national and private, Is wealth, and memnnl cat in tha real estate and other property of a | or borrowing power Is nol within the Jurlsdle- DAviD A, Wetrs, s interesting also to notein this.conn how | & non-resident—as, for exampie, Mr. Kirtland's wverty; and these ileas hiave been, and are yet, | enrporation I8 now made subjert, in most of the | tlon of aState, the incidents or instrumentalitics e ———— tember. the etymolory of the Latin words possewns and | bund-nnd-morteage title to”his debtor's proper- | in harmony with our watfonat-currency systemn | Blates, to this fietion; but nevertheless the | by which alono thie business or horrawing pawer WORSE TIHAN KILLED, postideo, namely, poand sideo, to it by or on, and from wnlch’ in turn we have the Enclish wor pouession,—the commondefinition of pron- A Connecticut Man Loans Money | ertv being something possessed,—curlously har- in lllinois on Chicagn Real* monize with and conflrm the conclusion that A roperty must be always a physical actuality. fik Estate Security; ForTt it clear that it s only'a material some- . thinz, a visible and tangible entity, that one can [ sitdown on, and bot an h-n-l.xl(»le‘l intangible ty In Hiinois—can be extingushed in the real and personal property of the debtor, by attach- ment or other process of law fn the State whera the debtor restdes, and whers his visible, tanei- blo property has n aitus, also leads upto and cstablishes as a pflndrle of law, that titles or in- cumbrances are connecled rwith the owner, but in- here in the property, where the properly s aefually aituated, as incidents, form a part and are insep~ and our generallyaccepted systewns of State tax- rmnerty-—rfll and parsonal—can be, and usual- | tan ho exerclsed are likewire not within the atlon, 18, taxed at the vlace where tovated. Most, | Jurisdiction of a State, and caunot he subject to ‘These reasonings on the daturcand aorigin of | IEnot all, of thc States of the Unlon now tax— | lts taxation. Was now the borrowinz power of | ow the Tarkish Woonnded Are Allowed “ prnlpjrw ind l%:de Tnh"?" it susulv‘ls ‘la m{r':\s nm{ With lhf approval ?l all mll:;“.l:hu ]vnnl ‘I.\"?ll'm“lflllmmlllllwh‘l‘ hiu;rlomi-d ;m)’lm‘ ‘r’x‘ “rf Die, and debts, would, therefore, acem to invest the | and personal property of non-residend where rttand in nois within the jurisdiction of 4 following conclusion of .finll‘c ¥oster, whicl | found, aut thelr business. whero transacted, | Conncetiont] _Itlsalaw of huruan nature, af- | A gorrespondent of tho Boston Journal, wry alone would have compelle:d hiny to dinsent | within thefr dominfon. Whatever.rule may | frined in the case just cited fn the United States | Ing from Erzeroum say: ays age from his assoclates, with the forcd of a politico- | have existed at a furmer thine, it ls now settled | Bupremne Court, thnt such n burtower must pay | the first real battle sinco the fall of Ardahgy cconomic and legal axfom, namely: “That | luw, by decisions of the Unlted Btates Supreme | the tax; and -that it {s on him that the burden | took place. Six days azo there was anothee, %y s : f the im a- Dl d inciude the equitalie title or | property and a debt (consiaered ns o representa- | Court, that personal property and business do | must fall, at the time when tho contract is o3ty zagements probabl R Aud Is Taxed in Connecticnt on the | foihing: the fetfonof law or of the Imagloa- | apafle fruim &ant Inelice, B, crulte 1 | Bct e property pledged for ita payment) | ot fofloo tfe owner Lo l,hu:rurpmn of taxa: | mavi, In tho form of an nidltional Fato of INEr: | 1o eisg0 me 3o e o oot ot Lo A Bonds Covering That Illinois Uroperty, therefore, Is not only always a phys- | inewmbered property, but are not themastves prop- | constitute together but one subject for tho pur- | tion, if the busivess traasncted or the itus of | est: which increase ubviously aneratea s a re- | than %000 of S0 fen wore wount Pl ? feal actuality, hut, to borrow the language of | erty. Sume cconomists befog themsrives on | pose of taxation, ‘The fax belng pald & the | the property ts nat In the Stato whero the own- | straint upon his borrowing “power In 1linols; " irgeansy Real Estate, Judee Foster, Is also always u,ml,,.mfi.,, acen- | this subject by first deflning propert property without diminutlon ou account of the | er resules, " But this, It will beobserved, fs sim- | for, as the court declared ity © The right fo taz | In fact, no preparations whatever for caring for mutated labor.” And as political economy does a8 angthing thatican bo bought and sold; not, and jurisprudence ought not, take cognl- d T debt, nothing remains to be taxed. Tho debt, | ply aflrming that the title to & property Is not | the contract lo any extent when made must_operats | the wounded. Tho poor fellows, nfter Iyl tor and lhenl since a Litle—as, for example, & deel b lmlrcd‘ aside from the property behind it, and uflnbl: of being severed from the property It- | on the power to burrow before It Is exercised” It Ia | hours, self rhaps days, where they fell, were final. A Demonstration of the Wrongfulness | zance of ‘cAateauz en Kspagne, thest are the only | —can bo hought and sold, accept the (uference | of which [t ia the representative, is almply evident, then, that Lho borrawers of Mr, | Iy loaded on to ox-carts and” started off for 2l It sensea (n which political economy and the law | that a title Is nocessarily property, But let us | worthicss.” If we now examing the factsin this case, It | Kirtland. fu Illiuols will pay a hicber rate of | Erzeroum, LIty miles nwny. After lying for ) of Snch Action of the Conucc- can legitimately reason about oroperty. analyze this deflnltion’ and assumption. We WHAT THE COYNECTICUT COURT DECIDED. will be_found-that Mr. Kirtland produced no | luterest, or they witl b umable to obtain the | three or four ‘dayaon theso carts, under the 2 tlent Auihorities. Examples of broperty which Is apparently not | can, without doubt, scil and deliver & deed to a | The lirat question [nvolved In the Kirtlaud | now value aud did no busincss in Conneetlcut; | money, If Mr. Rirtland may bo constitutton- | buentig sun, and cuvered with dust, they fnally ® the ruu"t of accumulated or of,nuy Jabor, and | farm; but what (s sold in such instances s the | case which came befors tho Connccticut court | and, so fac as rclates to this litigation, neither | ally subject to a fax in Connceticut, the | arrive In Erzeroum and sre put into 2 ki, Y 80 milllating against these conclusions, will | farm, lucluding a right,~—a right {o domlinion | for decision \ras, therefore, & joint politicu- | Introduced, ownad, nor came into possession of | place of his residence, on his transactions of | where they speud the night lying on the bars et 1 doubtless suggest themsclives; such, for in- | overit. Bat it ma ic refoined that & right of | cconomic and Jeal question, and’ may bo thus | any properly within the State. When Con- | louning monev in lllinols. Thera eannot bo dif- | flour, with ot 50 much as a blanket to cover : What Is Property?—What Are Titles to | {30 it dfiond found tmon the seastiore, | dominfon I broneris. . Let ns, therefore. catry | compreliensivcly stated s Areitles, aning regard | necticut, thorclore, taxed i, she didso with | forout pules determiniug tho incidents of taxa. | uom. " Ahout 8 oelock "this mbrmioz. Moe Property ?—The Relation of Debts Iand squatted upon and obtained by pre-emp- | the analyais a little” further. If a farm in Qli- | fo the principles of natural right and justice, and | rolerence cither to business dons in Llinals | tion and the horrowing power of the Govern- | and myself, with two native nssistants, gaineq H perty tlan, bank-stock, patent rights, copyrights, an- { nolsls property in the State where it is, and | lo the provisions and restriclims of the Federal | (whera ha loaned his moocy), or with reference | ment and the barrowlng power of indiviluals In | admitiance tothe khau, having the day Pre-y A to Property, nities obtainzd by gift or purchase, lrnllchlwul where (¢ Ia taxed, any right or title to the rame | compact and Conalitution, capable’ of being aen- | to = title ora debt, the representativo of prop-,| Iiliuois. If the tax is @ burden on the borrow- | vious suceceded, after much vexatlous delay, in iy monopolies, and debts; but an examination will Attantte Monthly for Srptember. s0on prove that the objections embodicd in them A case han recently oceuirred mhich practically | Afe more specious than real. Thus, in the case and clearly briogs before the publie the tull | O the, dlamond - accidentally ‘pleked | up dearing and elfect of the present generally-ac | jur of all the examples that can be cepted theory of State taxation, and Involves at | addaced fn favor of 'the position that the same time detalls of interest adequate, It | Pruperty can coma Into existence without the e ugency of Iabor, it may besald: First, that sn Bouilseunieto commant the sltention of.all exceptional Tact ke this cannot constitnto s Interested in haring gond wovernment, Just | adequate basis for the enunclation of a princi- Jaws, and contlnuous ceonomic progress. In [ ples nnd, next, that the value of this accidental what this casc conslsts it Is now proposed to | diainond s solely determined by and represents tell; and then to consider what inferences, in | tho vatusof the labor which has been required the way of tcanomic princlple, law, and equity, | L obtain all ather existing dlamonds. The farm, held in Coanecticut, be i In the natureof Adeed, a mortgage, & partnership-intercat, or any other form of title, caunot be the property; fur the same thing certainly cannot bo property 1n two separate Brates and Jurisdictions, and in twodistliict forms and manifeatntions, at the same time. On theother hand, If it be nssumed that the title to the farm, whaterer it niay-be, 18 the property, and as such can rightfully be taxed where jtls, then It stands to reason that the subject of tha title—the farm In Iilivolsa— ought not to be also reganled as prunen¥ and taxed fn Illinols. In other. words, {I the title to the farm I8 proverty, then the farm s not veally fn Illinols at nll. unlcas the ered srom the property or physical acluality from | erty already taxed or lable Lo ba taxed In°| fug power in one lustance, it Is equally so In tho | obtaining a paper from the Governinent, withe whenee they are derited, ‘and made subject, sepa- | 1llinolsat the thne the debt was contracted, by | other. Does it not also follow that, {f the bor- | out which we should be unable to do_anything, rate'y and independently and wnder another sover- | stamp-tax or otherwise, And it Is hera a mat- | rowing pewer of the United States, ts eredity Is | Inuncdiately on entering we saw a slght which eignty, to tazation 7 'The Connectleut Court con- | ter worthy of consideration, as one of theim- | vxempt from State taxation, fram want of *«rls- cant never be forgotten. It was o man wounded ceded that, in the case of real and tangible | portant collateral fasucs in thls case, whether | diction, the borrowing power, the eredity of cit- | Inthe face, Theball had entered the Teft cheek, property, the title Is not capalie of belne aev- | any deht ean be taxed after it Is made, cither in | izens of Liiinais (as ta transactions in [linol2) Is | making a featful hole, and passed out just e ercid from the prn{mrty and taxds upamtnlr In | tho State where it is nade or In the State | likewlse free [rom taxation In Conueetlent, from | der the nose. Seven days had passed “and the dilferent jurfedlctions, The Massachusctts law- | whero the person resides who owes thodelt, | the want of Jurisdiction of Connectivut over | wound was still undressed. Such a sight [ makers and law-interpreters have not, however, | without mpairing the obligations of contracts. | transactions in Lilnols? Tt cannot be serlously | hupe never to sce again. Tho stench wa got so far ahead In liherality as | The question has neyer been seitled, but at no | assumeid that citizens of 1Minois, o their busf- | something fearful, and the man’s cheel, tongue, his; for, In that State, taxes, “under | distant day will undoubtedly vome befora the | ness-transactions in Illinofs, nre in any sense | mouth, and nose literally alive with worme prualty of imprisonment for defsult of pay- | United States Supreme Contrt for a declsion, within the fnrisdiction of Connecticut, any more | For want of a better [nstrument I took my ment, are atill wrung from cltizens for properiy It did not appear, furthermore, from the | than the horrowing puwer of the United Stntes | pocket knile aud succeeded indislodging a nume in the nature of visible, tangible movables, ns | record, that even the evidence of any debt due | ix within the Jurlsdiction_of Connectlent. ‘The | ter of white worms balf an inch lovg. Afters cattle, and stocks of goods, and tho like, ad- | Mr. Kirtland—tte bond and tha ‘mortwage- | United States Suprome Court, i the * State | while I got avery small pair of tweezers, wity moiment the fact coases to be exceptional, tho | owner of the title resides thers, but, “‘wonder- | mitted to be in ather States and jurlsdictions, | deed—was ever held fn Connceticut. Under | Frelght case (15 Wallace), further helps to o | which at’least 100 were trken out. By the aid Loy are deducible from it. moment dlumonds can be bad fn abundance by | ful to rclate,” goes put of the State fn the | But the Conuecticut court, fn respect to titles | sach cirenmatauces, it i curious to nole, o | conctitslon in this matter by saying:. * It | of a rurzeon, who happened In, the wound wag &3 STATEMENT OF THE CASE, merely picking them up, that moment thelr val- | pocket of the Individual who walks off with | It the nature of notes, bonds, and” mortgazes, | Judge Foster points out, to what a singular and | has repeatedly heen held that~ the cou- | cleaned na much as possible, bound up, & clesq S 1n 1869 or previous, Charles W, Kirtland, n | ue will simply represent the cost of the physical he titlo toit. We have all heard of sitch con- ceatration of meat that all that is valuable In an ox for food canbe put in a quart can; but #uch o concentration of property as is hiere sup- posed 18 something far more remarkable, and admits of 8 mau having a drove of oxen in his hand, ten acres of woodiand in the crown of his bat, 2 church with a lonz stecple fa one coat pocket, and a four-story brick block, with and debts, decided Lhat there was some ofter | sbsurd hypothesis and procedure the Conneeti- | stitutlonality or uncoustitutiunality of a | shirt put on the maunand a blanket procured, principle fovelved, and refused to concede to | cut authoritics, as §f conaclous that they had | Srate tax is Lo be determined, not by the form | on which we left him. The poor fctlow tvas aft mich titles wihat thev conceded in respect to | abandoned reason and wore deatlog with sentl- | or agzency throu#h which it I8 to be collected, | terward taken to the hospital, where he will titles to realty, and to visible, taneible per- | moent, had recourse In order to get a basis aud a | but by the subject upon which the burden robably die for want of care. One other poor sonal property. But, in enneed'nu that titles | warrant for their actlon. They first assumed | falls,” Anid the vane eourt has deterinined, as | fellow, whose leg was snattered by o riffe bail, canuot be separated from realty, they cdnceded | that thero was an imaginary property, sepsrate | hefore shown, that the burden lu case of a con- | was In' much the same condltion, though the the whole pulut at fssues for certaluly no-one | and distinet from tho material property; and | tract of lonn falls on the borrower, Apart frum | worms wers not quito 8o numcrous as in the can dispute that Mr. Kirtlanl's mortguze was | then gave to such Imuginary property un fm- | thie, however, fb necds no argument Lo prove | uther case, We remained in the khan thl { onything other than an cquitable or Inchoate | agluary situs, thus “going far Into thy domain | that the lender will, under all urdinary cireum- | o'clock, during whict thnewe helped to dress st Vi cffort requisite to pick thom up, Again, if land citizenof W r{odhury‘ Lit¢hfield County, Conn., m“mml“pm hul:my Nl _l; Pm"m; S Bet loancd moncy, through an agent, a restdent and | aver in the first Instance, it is becauso it s tho citizeu of Lliinols, on bonds securcd Ly deeds of | embodiment of the labor required to discover trust on real estate In the City of Chleago. Each | if, to conquer it, to defend and protect it: to of these honds declared * that It wns made un- | cffect all of which, taxes, which are the resulta : ho | of labor, tnay have been batd for venturles, If der, and in all respects to be construcd by, the | i o outres” any additional valuo beyond. this, Taws of the State of Hiinofs:" and that the prin- | afier'it hns beon squatted upon, it will bo simply posalbly & mill-privilege, in the other. It (s also | title to visible, tangiblo property In. Ilinois, | of tho seutimental ~and spiritual for the | stances, add the tux to the rate of Iutérest: for | least sixty wounds, providing our own band. -4 cipal aud laterest of the obligation were pay- | because the results of labor have become con- | {mportant to note that, whilo a deed to realty, | Conslder, also, the Inconsistencics and absurd- Eurpnm of taxation.” Bishop Berkeley, {t will | lic must and will have theaverage remuncration | ages, lint, spauges, cic., distributing a quantity : abje in tha City of Chicato. The deed of trust | nected with it, or the value of other land or | properly executed and secorded, 's regurded na | ftles of adopting any otlier conclusion. 1f Mr. e remembered, held to the oplnion that mat- | of othier investments. Thereture, cvery West- | of -luru. and also bread, for the men wery - the highest form of title, wo have the decision of aur highest court ( #iet va. Deck, O 6‘mnth‘ 87) that adecd I8 but an “exccuted contract” on the part of the grantor not to resume his tizht i the thing granted; and, therefore, if Cunnectleut can tax extra-territorlal contracts, sho may - tax her citizenson deeds of land in ather ‘States, Call titles property {f we Iike, expericnce, whon we como to deal with them as matters of business, will navertheless soon satisfy that the making of no form of title creates or produces apy new dpmpcrly. but simply Indlcates the rights and_Interests of parties in pre-existing property. Enact auch laws, also. fn respect to taxing titles ns we mu{’,'l experience will also rove that taxes cannot ractically levied on maginary things or legul fictions, beeause jt is soinp physical actuality, In the sense of embod- fed lavor, that must after all, and in the end, pay all taxes. [f Legislaturcs have the powor of “ereating slat property,—that s, imazinary or fictitlous property,—it is beyond their power to make it pay taxes, for nothing less then Omnipo- tonce can’ make somcthing out of nothinz, ‘These viows, it shoall be nnderstood, are, how- ever, heresics to some of the hest think- ers and writers on political economy and law in this country. wune of them, in answer to tho assertfon that **Rights and titles are not property, for, If thoy were, wo mizht make property by making “rights and titles,” rejoins; * But wo do make property that way every day! We cannot _make it so 1n- definitely, because wo cannot sell tho titles in- detinitely, The whola qucstion s a question ot the limits of credit, that fsall.” But will .Mr. Oidachool stop and think why wo canoot seil titlesand credita ndeflnitely?” We can, till the Millcnnium comes, when everybouy {8 to have ceverything he wants without toll, selt Jn-nprvny, in the sense of embodied labor, fn uflnllcl{. Why pot titles and credits! The aoswer is simply, that, when we buy a title or eredit, we rny for, and In n lezal and cconomic effect buy, e nh{n(ml actuality or right of dominlon over it whilch the credit or titlo represents, and nothing more. The moment one undertakes to scll titles or crodits In excess of or scparato from the embodied labor they are supposed to rcy'amcn we call the act bankruntey or swindilng, and the actor, & Jere my Diddler, Fancy AMr. Oldschvol anpearing in court to defend such a person for sclling a titlo ecparute from an actuality, on the ground that such a title was property bocause hie was able to scll It, and that somcbody, not keon, was per- sunded to buy it. Would tne plea caveat cemptor.avall in such o transactioni In other words, when the title does nof inhero In the physical actuulity, we give it obad name, and 1he most imaginaftve Jo not call it propery. A titlo which {3 really a title 1s never suspended or {n aboyauce. [f atuing is embodied labor, somo one, or a number of persons, has some form of titls or dominfon overit, and the title s in- separably allfed to the thing; and, therefore, tho szl of the title Is tho sale of the thing, be- causo they are ono sud Inseparable, Embodied lubor, therefore, embodies all forms of title to the embodied "labor, The thing (embodied lubor) embodies the Incidents (titles), for the ruason that the whola contawns the parts. The moment we uccept the proposition, established most clearly by Adam Smith aund_ other oconomists, that labor exercised on material elements can alone produce property, that moment it would scem to be apparent that glvine o definition to a small plece of paper (credit or titic) which has not cost flve ‘minutes of labor, will not Invest it with the charncter of pronerty which has cost years, perchance, of the most skilifal lubor to produce, If somo other name bo given to em- hodled labor thau preperty, I will not diminisn fts power to satify human wanta; and If, on tho wther hand, wo will call credits and titles prop- orty, they cannot bo_cate, or tnade of tho- selves In muy form to sutlsfy wuuts, but they can Teprescut things which will' supply ' wauts. Credita and titles of themselves, per se, have no value, and, scparated from the thiugs they I‘L‘{‘R‘Itnl they raunot honestly be soid at all, Wio will buy thaint We know the character of the men whio will sell them. ‘Their representatives per- manently reside ot Weatherstield, Cuarlostown, Bing-Sive, nnd Auburn. A further elucidatlog this sublect, atteution niso contained 8 proviston that all taxesand | Other pmncrl-{. the products of labor, for the ¥ use of which labor competes, is refected upon assceaments o the property conveyed should | o 'p 1620, the land ,,‘E;’,, °;vh|ch the Clt;’%l ; be pald by the obligor (borrower) without abate- [ Hostun etands could have been bought for o B ment on account of the mortgage-lieni that | string of sea-shells. In 1877, its value as prop- . the property miznt be sold at auction, In Chi- | erty was nrobably Gwo.wodvm {su lv‘; both £ago, by the trustee, in case of any default of | Inetances, o yaliistlon was teterminedl oy The payment; oud that good titfe, free fram ung | ymount of fabor required to collect and string e’ rlzhit of redemption on tue part of the ublixor, | the shelis; and, fn the second, by the amuunt ) night in that cazobe glven by the trustee. | of labor and: capital—which is the reault of ; Another Interesting fenture of the case, nat to thgr~w'ynv'pnmdb:flf:;n;gwl,{gw_g';ylg;;g,\:{ he overlooked. wat, that, pending the proceed- | Lol iy ncenmulated results, and th site of ings to be next relatea, the loans as origloa'ly | Boston will Le worth no more In 1877 than it made bhecame due and were pald; when the w:[u lxlx }ms, when Willlam Blackstone first ob- nroceeds, without belng removed from fllinols | talned it and returned to Mr, Rirttand In Connocticut, .“‘,‘c',‘:’l’fiu"g",‘}“}',;‘,:flfi,fififlu"fi"gg{,‘;}‘{,""{; were relnvested in Chlcago by his agent, undor | vagiis, the bullding, the booke, the furniture, terms and conditions us before. and other physicsl” actualities—tho resulta of Theeo facts becoming known to the tax-offi- lu\mkrl—elnnruycdtl'r: trmnw{cunz l.hethush’:eul :l cfals of the Town of Woudbury, they added [n | banklug, are the real - property of - the 1350, to o llst of property roturned by Kirt- | bank.. The pankatort, o long as the e land for the purpnse of taxatlou, oa situated | gicigends. The creation of a- bank obviously t within thic State, the sum of $18,000, and In 1570 | do:s not create any prop@ty. The notes dis- T the sum of §20,000, to represent the amount of L'?uh:‘“l by :‘?e‘!!vlnnkdu;:;r‘llll Sgél:::{vur:r?:llfi; yproperty awned and loaned by Kirtland, n each "'El hf‘ ha i "; ’n eyt A th o noten Lo of these years, as was conceded without tho :.:x"clduhvu ki e bl A R o territory of the State, Tie aumns thus added | hank's property or to its equitable rights to were subscquently assessed fn”tho Town of | property. The® bank, apart from ita physical Woodbury fu the same manner and at the samy g‘rg;x'l‘g L :‘r;fi. m:g‘l:"nflrcy‘h:: =lg3{y A ",.'fffi"u et v y o Mr. K = o within the iate an there almated - | fcuts o onls onesiont ma ot boakkcen: 3 , ot e Payment of the taxea thus aesesecd on the “r; rights, titics, und tnterests in prupcrty.' pres amount of these Illinola lonns belng refused by’ | existing, fimulltn |:|nlfl ;’fl':l‘,llll;.' mg;uuwr, stand Kirtland, the Tax-Collector (tlotelikisah in Apri), | t0 ¢azi other fn the Jn. ot an_aqia 1873, levied s tax-watrants on thereal estatoof | 0. There can bo nio Sredls mithoutn detity the allegod dglingueut in Woodbury, sud sdver- | gjde of the equation and the other disappears ot tised the samo for sale; and, on petition for in- | nocessity, If there wero no- creditors thero ] Jjunctlon to restrain the Collector Trom such pro- | could ba no dchtnlrl, rll)mlI vllll-e velrml. 'xhu mo- ceedinga. on the ground of the fllegallty of the | Mient debtors ceas to bo dobtors that samo mo- ment creditors cenge to be creditors, taxin question aud its ucscasinent, the casecame | ™ gk SELETIETL P ATTY tegtalative for the first time before one of the inferfor | epactinents mproYuuL pre-vxlsting property. A courts (the Superior) of Connectleut. There, inzlxnbusczl‘;u.:u(ahxxtln ,rlxr xxll'lll:l'lwlcl::“afllll.nh‘;lru i e con- | Jolnt product of physical and Intellecqua 5 upon hearing, it being ngreed by all parties con: whlch‘? e rupynpgm ¢ pabniorighit. wrobecte, cerncd that the only yuestion in the case was the same a3 othor forms of law protect other whotlier the bouds owned by Kirtlaud, drawen in | yiaible and tanzible property fram robbery aid the form und sccured fn the manner stated, | gponation, Tae relatlon swhich these fnstru- were liable fo taxstion i Connectleut, the | ynentaities sustaln to property i3 elearly fnul- cuuze, by nzreoment, wos referrud (for advlee) | cated by asking the question whothor thero cau to the court of last appeal In the State, kuowi | e such o thing us u patent zranted for what has us the Bupreine Court of Errors,—a temporary | pover heen reduced to a physicul nctuality, or a Injuuctlon, i accordance with thi Jirayer of glie | copyriaht piven far che figlit of fanzy of o poet petitioner, belng at the eame time granted. | pog embodiod [n the materiality of u manuscript After further beariug und arzument, this Intter | or §y the pages of a printed Looks Jolin Mil- court, in June, 1575, dismissed the petition and | yon gold * Paradise Lost ™ to Sunuel Simmone, diszolved tho injunction,—one Jitdzo (Fuster) | pookseller, for £5 ready moncy: but Gray out of a full benth of tve alone dissentiug, | winyte, inglorions Mbtoiis,” who only hnazined Keut baek to'the Superlor Court, the ‘record of | and peyer wrote, could never bave ubtakned a the case waa then, on motion, transmitted ngain | copyright or any munc{-om-r whatever—no, not ourt ot Errors fur revigion of errors In | eyon reputation—for thelr mazinings, thousb, respect to Mvolved questions of constitutfonal | o "al "that the world kiows, they night Jawy and. the declslon Luing here axaln adverse | hayo been inlinitely superior to the Miton who (thy Judzes dividing as before), tho case was | hatain gloriots bocatse ho was not auto, in next sppealed 1o tho Suprewme Court of the | 4] that relates to mental attalnment. It s also Untted States, on the docket of which it now | oxeeeqingly curlous to note how Shakspeare, stands entered for, trul 4 order. . With thly | whose ruiio and aecuracy of knowledzo were o brlef stateinent of the orlzin of a case (KITG | wonderful, clearly porcelved, and us clearly ex- Tand va. Hotchkiss) which {8 certali to | preased, the whul’; essenee -of modern politieal hecomo histuricaly lousmuch -oa, according | ceonamy und Jurisprudence in rosnect to this to the future dechsion of the Unbted i} hen, In the following lines Kiutes Supreine Court in respect to 1t, the ar | nedinto probleu, hon, Iy the futlowing 5 Ditrupy, uhjust. and economically-unsound sya- | .f 5 % . tew of ‘taxation at present existing o muat “of {,{‘,‘,’,‘“"’_f,g;“;‘,’ 3;;;*,‘;,22:,{,"’::,‘*’,;;,‘,{",’;", earth to il thie States wil eltlier rec ve a now leasa of N il und continuancs, or clse bo yo far broken in up- | And, as imagination bodles forth % on und chutged as to nceessitate u now and bet- | Tie farms of things unknown, the poet's pen L ter systew, uttention 1s next asked to tho ceon- | T'uens them to shapes, and gives to alry notatng ] omicand constitutionul questions lovolved in | Alocalbabitation and a nawe, g * he case, and to the lznt which thelr discussion | In other words, according to Shakspeare, as eheds upon the veneral principles of taxation, | well as according to political cconomy ang cous- and upon thu sphicre. within which the soyeral | mon sense, however brilllant may be the Imaz. Btates of the Uniun, under the Foderal come | fnatlon of the poet or Invontor, he has no prop- pact, aru liml thew exerelye of thls fune- | erty In bis kdcas or imoginings uutil he has ro- tlon, And, in this discusgion, little more can | duced them through lsbor to an actuality, And be attempted or aehicved than 1o follow und | then the valte of the actuality vroduced enlarge upon the oplilon ol the single disscut- | for tho Yur 50 of exchuuge vr sule ing Judue of the Conuecticut Court of Frrors | will, provided there s a copyright or (the Hon. L. P. B. Foster, formerly President of | 4 potent to prevent use withoul™ cumpen- the Renate and Acting Vice-President of the | sation, be eml in propartion to the eMoctivencsa * United States), whict, in polut of legal and | or desirability of the labor exerted. ‘The stand- evonomlc wiesdom, aud cogency uml clearncss of | ard for mewsuring the value of the work of Kirtland had sent’his monoy to Chicazo and | ter does not exist, and that we only im- | ern boreower is dlirectly intercsted “Inthe con- | hungry, Thanks to the Red Cross Society, we had nvested it by purchase in’a cattle- | agine that it exists; but it I not at all probable | demnation and refection of the Eastern Judicl have sume twenty-five shirts, a amall ntunber of yard, the titlo to the actuality, in tho | that L cver hoped, when alive, that his views | und arbitrary exuctiuns Imposed un extfa-terri- | Landages, a very little lint, and nlso n fow pairs Torm of a dced, wauld not have been considered | would be so prncumll{ indorsed, and at so cur{y torlal contracta, over which the usurping States | of ‘drawers. ‘But what ure they nmony sg B;oucrly In Connecticut, and would not have | a dn{ in the Stato of his lilerary adoption. _Ile | have no dominion or control, or power to pro- [ mnony!' The Covermmnent nctually has no prepe cn there taxable. But, If he had united with | would have marle, morcover, a desirable Tax- | tect, The revorsal of the Connceticut declsion | aration for the fow huudreds now here, What others, two, three, or more, and, forming a cor- | Asscesor and Tux-Collector under the present | by the United States Supreme Court will un- | will become of the thousands yot to b brought poration, had bouzht the samo property, then | Connectleut tax-laws; for, beimye lugical, even | doabtedly lower the rate of interest immedi- | Ind Unlesa money and suppfies are providel note how, according to the princivle adopted by | If ho was scntimental, he would doulitiess have | ately In the Western States to the extenst of | finmediately, not only will thero be most terrl the Counccticut court, this samo property | been willlug to take tho taxcs in the pure prod- | more than § per conty and give a new life there to | bl suffering, but bundreds, and perhaps would have fuereased and maltiplied, ‘and be- | uct of the fmamnation, Ilis successors, how- | trade, busincss, and transactions now obstructed | thousands, must gle, and all for lack of projer come ubiquitous, by merely varying Its method | cver, arenot only seatimeatal, but fHogical; | by s Teudal an arbitrary edict, preparation. of purchase and incident of title. Thus there | for, not content wuhnsumluf that the imagiu- Furtbermore, If Comiecticut has the power of ‘“I'clegrnms have alrcadv been sent to En. would be, firat, the physical actuality, In the | ary is tho real, they try to do what tho good | taxini extra-terntorlal coutracts for the loan of gland and Constantinoplo asking for money and forwn of the cattie-yard, as before, nomare and | Bishop never would have sanctloned, namely: | money, she hns tho power to flx nny rate, aud to | supplics, which it 18 to be_hoped will be forthe no less, which Ilinols would tax as real estate; | take something out of nothing. But.scriously, | discriminate as Lo the States upon whose citl- | coming,” We, the Amerlean milssionaries s then, there wonld be the tegal title to the prop- | such & procedure as waa had [n Kirtland's casc | zens the hurden shall full; or ahe mayudopt | Erzeroum, have entered upon this work wity erty, hela by the Directors of the corromion; bad lu'it no clement of taxation. It assessed | o rate thut sbail bo prohibitory on contracts | the Intention of devoting our time and strength next, the equitable fnterest vested In the stock- | and tazed him in respact to business or interests | made by her citlzens with citizens of deslznated | to it, and most cordialty invitoall friends of holders, anc of whoin, in the person of MMz | beyond the lerrlmr‘yl end jurisdiction of Con- | States, of citlzens of all the States, as her ca- [ humanity in Europe and Ameriea to ald n this Kirtland, tlves fo Connecticut: and if, per- | necticut, and which the “laws of the Btate | price may dictate. work of ‘merey, and we also nost cordially un. chance, the actuality should be subsequent): vould fn no way reach or praotect; and, Before concluding this review, it will bo {n- | dertake to distribute, as falthully and diligent mortgazed, say for ita full value, to Mr. Kirt- | fo so doinz, it ignored the fundamental teresting to call utiention to another elementof | Iy as possible, all moneys and supplics, ‘of land’s brather In Connectieut, there would be | principle, that protection to that por- | confusion and Inconssstency certain to ‘arise |-whatever kind, which may come to our still nnother uud paramount title, at loasttotho | tion of property not taken or nbsorbed | from the assumptlon that titles ani rights aro | hands. extent of tho debt, to tha other two, Tle | by tho tax is thie consideration or compensation | property, and can properly be regarded and “Money fsalso greatly mneeded to provide Judgment of the Conneceticut court was to the | forall legitimate taxation. In sliort, the pro-*| treated” as such in law and lezislation. The | bread for the thousands of acstitute famflics m effect, practically, that, in such a casc, there | cedure was nothing but an arbltrary exaction, | Connectlcut court held that titles owned in | and about Erzerown. If the war continues siz were Lwo propertles,—the actuality in flllnola. ‘without dug process of law, and, as sich, a plaln | Connecticut to real estate situated (i other | months longer, Lho.sufferiugs of the poor the existence of which couldnot well be denfed, | violation of the Fourtceuth Amendment (o the | Jurisdlctions were not property tn Connecticut | villagers must be fearful, Crops are destroyed, and the mortgage-title In Conngcticut. Tho | Constitution of the United States. Furthier- | for the pitrpose of taxation, but that titles and | anlmals_stolen, and fn many cascs the Snbabits courts of Massacnusetts (in which Stato the off- | more, I this fictlon, made operative for the pur- | rizhtsin the natureof evfidenco of Indebted- | ants obliged to flee for their llves, Waranl sct of debta lsnot atlowed in cnumerntions for | pose ot taxation in Mr. Kirtlaud's casa in Con- | noss,—notes, bonds, mortzages, choses in ne- | famine tn ‘Turkey are tenfold more terrible tha asecasmont), following precedont and practice, | nectlent, be constitutional and applicablo to ex- | tlon,—created and owed Ly ultizens of otler | in most other countries, God Laye mercy 63 would have decided that thers wergthree: the | tra-territorinl property and busfness e any de | States, but owned and iu pussession of_cltizens | the people.’” actunlity, the equitable title of the sharcholders | gree, it is diiTicult ta Bco why it nay not be ex- | of Connecticut, were property In Cotnecti- —— 1u the form of stock-certilicates, and the mort- | ‘tended to real ostate, and to all concelyablo bus- | cut,” lemithnalely subjoct to taxation. THE CHICAGO LIBRARY-—A CORRECTION, gage-title. But, If thero are two ‘prupnnlu and | Incss, titlcs, and transact!ons of the citizens of | Buf the Connecticut court would have found ft- it ;.'; Ty " oo actuality fn Connectient, and three proper- | Counecticuf in other States and countrics; or | self sorcly puzzied It it had attempted to lny To (b4 Baltar.of 'The Tribune. {is and no fereasoinacluality u Massachuseits, | liow thero can bo uny iuilt asslguod to tho arble | down anycloar 1ino of demarkation and die, | _CiicAao, Aug. 18.—Ell Perkina' New Yai an {f popular judgment s correct that it is | trary taxation of tho extra-torritorial property | tinctlon betweenu title to realty and a title in | Sun correspondency, published fn yesterday't deatrable to comprehiend as many subjects for | and business of the citizens of Connectlcut, ex- | the nature of 4 chose in action: for the reason TRIDUNE, docs not tell ‘“‘how Chicago gota asscasment In a tax-gystem ag posstble, why not | cept in the want or exbaustion of the linagin- | that therofa none, aud beeause the distinction ublic library.” Thereds hardls dof trat Includotho legul title, aud mako four propertiesi | ative powors of tha members of the Legialuturo. | butwoen real and. personal property is founded | P 2 o ittt and, 1t tho cattle-yard bappened to be leared, | But.the assumption of such a power is tho as- | on artiiiefal rather than ou natural laws, and the | {0 the wholo cominunication. ' And it probably the leaschold title, and make it flve propertiesi | sumption of universal dominion; and what, un- | artificial lawas uro constautly Mabla to'change. | misrepresents whatever Mr. Iloyny' nay baw No, ail this confusfon and misunderstanding | der such assumptivn and procedure, becomas of | Thus, in Scotland, thero{sa class of bondscalied | satd. In.all the correspondence with Mn In Inw, all theso conflicting declsions of courts, | the question of Ium&undcnt Stuts sovereignty ! | ©heritable bonds," sceurcd on real estate, and al- Iugnes, now on tite {n theSecretary's office, then and much of the present Injustico wrought in 1L cach State has dominion over the property | most identienl in character with tho bonds and | §s pot one word that {mplics thiat any gilt wu Btate taxatlon, will disappear by ubandoning, a3 | and business trausacted within Its terrltory, for | mortgago wuleh Mr. Kirtland held, which de- | mado % to re-oatablish our Publie Libracnt O contrary to all logical reasoning and'the princl- | tho purposs of taxation, that domiolon must, | scend to the heir as roal eatate, and by Scotch | gho contrary, Mr. Iughes was informed of &l ples of common !e"ml the popular and to some | from lts very nature, be absolute, and cxcluda | law and leglslution are o regarded. [u France, the steps takon to obtain the requested authork extent legul den, that debts, equitablo titles, | tho dominion of auy other State over the same | sharesin the national debt and stock in the ty to establish a public brary, und of all thal and righta to property are in the nature of entt- | property and business, Again: tho soversignty | Bank of France, which the Connecticut conrt was donu towards Its formation. All the bookt tes or materlul things, and, aa such, urs capablo | of coequal States Involved a full recognition of | would undoubtedly regard as personal pronerty | that camo from Englund bad posted on the (e of having and belng” nseigned o _detinite situs, | the dominjon and sovercignty of all slster | in its most typleal form, and baving a aitus at slde of thecovera card like one now befort On this matter the reasoning of Judge Foater Is | Btates; and hence Boc. 1, Art, IV, of the Fed- | the domleile of the owner, can by tho laws of | pg,—+ ¢ The Book of Praise,” sclected and 0 clear and cogent that it 1s dlificult to sco how | eral Constitution requires that @ Full faith sna | France bo tnade real estate at ihe optlon of | ranged by Randall Palimer™: “ Presented to th cyen an attempt can be mado t:y refato it A | credit shall bo given to the public acts, records, | the liolder, and as such bo actually mort- | Clty of Chicago, towards - the forms debt,” he says, ‘‘has no Altuu‘I aud obviously | aud Judiclal procecdlugs of othor ‘States’’ | gaged and administered upon. Azaln, beforo tion of a froe library after the rreat'firo of 157 80, for a debt {8 “’“Fl( an obllgation reaulting | Kach State, thow, (n enterlng Into.the Federat | cmnncipation, slaves in tho United States— 8 u mark of Lnglish_sympathy, by the Lfi from a couclusion of faw, and s ncither visf- | Union, enterod into contract of “non-Interfer- | which by the Federal Conatitution _wero recog- | Chaneelior of Goeat Beloaia™’ ble, tangible, nor ponderabte.” *Only s mate- | once with the dominion and prerogutives of | nized as persons—woro fn some of tho States Nor I8 there ono word of truth about thelo rial thinz can lnvo a corpus, and ouly a carpus | other States; and ftwill not bodisputod that the | declared to be real estate. In 1871, also, the ception of tha movement M relation Lo pub can haye a situs, Lor 16 fa the location of tho | puwer of taxatiun faan jucldent of soverelknty | Suprena Court of Kentucky decided that ral- Ifc Iibraries In this State., Tho firat bll p“ corpusthat conatitutes a situs.” It s & mis- | or domlaion. Thedominion, therefors, of one | road stock was real estato, and subject th dis- drawn in Chicago, and mic,flm.d to the Hous nomer, therefore, to call a debt property, Itis | State for the Yur;m-u ot taxallon over porsbns, | tributlan sccording to the laws of real estate of Representatives by tbe llop. Willlam I only “an m&uunnlo title u the property” of tho | property, busi ncu“ or the Incidents of busincxs, | (7 Zuah, 340); while to-day, in Wisconsin, the | King, of this city, on the Gth of z-';:hxuary 18 debior, and It iohetes s a tilo in tho [ must oxcludo tho dominion of othor States over | ano apecics of property which 1s typical of mo- | (Vofe 3, Liouse "Journal e, b Sat) 0 rmpun.y 1t represents. It docs not follow | the sumo persons, peo crty, business, and fu- | bility, and I8 of no value apurt from its cava- | (he 8th of January, 1872 Pl ho person 'of tha owner in his dom- | cidontas of basineas, ot the samo thne. © Nefther | bllity'of motlou, numely: the rolling stock of g of citizens .was keld at Plymoutl Iulle, though lio miay trausfur it there® Tho | In constitutional law fu this country,nor In | rullfouds, faby law mndo reality. Now, can | Gharch to conaider the expedicncy of caiablih’ Unlted Btates Bapreme Court has not as yet | mathematics, can the ranie properiy, person, | forns of credit and of titles, mude real estate {ng a publle lbrury In Chicugo; Mayor Medl E:mud directly upon this Invelved question, | business, or Incidents of business, occupy two | by tho law of thelr ereation, b mude personal preslded over this moetug, wnd ,y oluted ut, so far ns It hus considered b fndirectly, i¢ placcs uod two sovereigntlis at thy same | property by wore other couiitey or State; nnd, | Exinuittco O twehty Hentieion (0 prepiro 1ol has declded Judge Fostor's common sensa to | time, Hence, the taxation by Conucetleut of | through such fiction of law, can they be reached olitaln the neceasary legislution for the F\u bes a8 t oucht o be, good and suprome law, | creits, chioses In action, bonds, nates, bookac- | for distelbution ua persgnal’ Proporty, having o | After the Caicago “BHE e pae, ‘et beybos: Thue, in the caso of Drown va, Kennedy (15 Wal- | counts, verhal and otner contracts, thu'lncidents | aitus in the vountry or Stats of thele ownrj— another bill, ndthorlzing the establishiog lace), this court rol]ccw] the theory that a credit | of actual busincss trunsacted fn [ilinols, must ,01 can Lhiog be taxed tnu Btate other than where | publie Hbraries in this State, was introduced by ?;.zu ;ul?':uudng“!.;- r]::r: t:ouo\(v‘;\ren:, :}xe‘xg ‘l:cfllctlfi be, lmhlu lel!e:-':a exufl'erfll_'wrlul taluunlu Iul and wllmn n;ulm:dlt or title Lus beeu created by | Ay, Coldwell, of Peorla Q"’.‘ 1 Ilan}:: Journsfy n! l-and- & o such buslncss, 50 au fulringement and erution of law 180 hy 8 T ¢ was kubject to ennflscation by tiie United States | lation of the soverelgaty of I o1t | Fro ! L, . 64T, Marels 2, 1872, Tho sun-comuitie inols; or clse {t From these considerations, reasonings, an o o 1 tho Stats whero the mortago-tcbtorresided, | must ba sasimed that bisiness docs not nciuds | prededents, the cancluaion of Tuisn Forser, "ap. | Butuined copies of tha'bills before the Housedl and on whoin totice was served, * though, I | its hucldenta, ot tho whols Ith parte, thaugl hio stood but. oue. agalnst four i Ris | Jehrcscntitives, aud from those bllle, wiia polnt of fact, the boud and morteage “were To most ininds thut exwnluo this case, and | court, would seem to be incontrovertible, name- ;:’:m]m;':lu‘,n fi{"}!‘;;kh},“-“..fi‘k’;‘.’."{,,,‘fi',d:.,‘; never in the judiciu! ‘distrlet of the United apparently also Lo the court, the taxation of | ly: that * The plalntL,* Kirtland, “ was not out ot Bl Verkins® fancy; for thera isnotd Btates whers the proccedings fu forfeiturs tonk | Kirtland for the money joaned by i fu LIli- | Nable to tazation '’ {n Conoecticut * for debts | word of truth InIt. This gift of books is to b rla«;el but were ‘with the owner, withln the | nois would scem to hava beeq in respect toprup- | owing to him-in Illinols "3 aund, Inferentlully, priced as the highest mark of sympathy ex Hebel lines In the Buto of Virginle, during the | orty, bamely: tho debt due hin and represented that, ulthouih possibly warranted by the letter pressed for Coicago In tha time of ker E,.um;(y; f:-flr:c :L:’f‘efi:'flnxlifi‘éfl'?vf:fl alél{;m";owfil; :::’on mha u::l“;n%rlz:gc. hA‘l. ‘!)lm bonds s‘nll of l.:m rnnlnl.«.l act wos an attemnt on Lhe | aud the dunation was recelved as frankly ns it 78 nce :det : ', bowever, bul Lhe necessary fn- | part of Connecticn ) xtra-te 2 o thy timo helng, had no power or jurisdiction cldunklzznml coldence of munery-lcmlh it i i et et xterriortal | was giren, il without auy ol the vulgsefot cr- | (uminfon over persous, coutracts, or husiness, N cf Oper elther persons or property, Can [t nowha | foruned by Kirtland, or through his nguit (11 | anid was, thorslores unconativational snd vory, | 4R Barrated In il Porkius® communliation clafimed, in the faco of this declsion, that a mort- | linats, the tazation In question was rathier fu re. | 1t wouid alvo scein to be clear Lhat, if praverty of o Bl A ure-crodit made, and made payuble, o ono | pect to bustness than Loproperty,—even concod- | fu action (chuses lu action) can be mads by fiee boré fitmc, has 4 situs, aud follows the person of the | Ing, for the suke of urguimunt, J»:st thedubt und | tion of hlsi An entity, having a situs Iy ona flvlnlu ,xlfiflfl.‘l’.fiy" d:"nthflnd;uvg;dmf fmq-::tltnu e owuer Into another dlato, the Stata of hls dumi- | the paper enidences of” It were property, It is | separate from the property which {t represents | the meeting wis holl to order s bill drawnunid frl.'l'u’l UAfiuln, the suty vourt, In the cuso of M- | worth while, therefore, to consider & littlo more | in anotber State, the grosscst nconsistencies | {t waa m.,,edi instead of threo days, as Lerkins from Midsumsner's Night's Dream, ho sayat 1 et States (11 Wallace), hield that atock | fully, before concluding tiis roview, what 1N be pe teid; g reasoning, 18 confessedly cquul to uny shuilar | o Bhakspeare, 8 Juines Walt, und & street-sweep- | fs yoxt waked to the vonsideration of what con: | o sbarca (i, the Michlean Southern lailrosd | etniraced in the uuumn‘n'luu by Counu'cnc':c. .:? :mulfin's’f :':flff:ur‘}’.'mfi?y t‘r‘::lu‘w‘x’f t'::fi'a'mhs"n';‘ml Zffif—:.'"nn'.}mltgfl:fl 3? llfmll'fum'un'n 2:3; :fl opinton that lias heretofore emanated from the | er, 1s one und the sume. stitutes & debt, and more especkully of could be confiscated In Michizan by notice upon [ tho right to tax the businessand contracts of | otner laws will b enfurced by conflicting legis- | to the. old WaterWorks reservolr tank ot the i Connectleut Bench, Ayaln, an anuuity, ko a bank-stock, 1s aright Ttk RELATION OF DEDTS TO PROPERTY, the rallroad company, althou:h both the owner 7 its citfzens transacted or made extra-territorial- | latlon of Btates, required by Conatitutlonal ob- - TiB QUESTIONS OF INTERRST INVOLVED, to revelve property, the result of previously ue- A very cursory cxamination will satisfy that | cumulated lanor, and its transfer by sale or be- the questions Of futercst and knportauce i quest Is alinply & trausfer of un equituble right volvel in this cuse ure mulnly as follows: F and a right of this churacter, In turo, i not 4 ‘Was the debt due Kirtlaad from acitlzen of [ property, but a title to pre-existiug property, nols property; or {4 any debt—abstract or puar- 180, in respect to Sranchises, which, though ticular—ever entitled, from 8 rational and | oiten spoken of and fegarded as property, wre yolitlca-econvmic point of viow, Lo be thus con- | clearly nothing but rights. Thus, for cxainple, k! sidergd and treated! We esy from a rational | & franchiise of a railruad is shoply a right taup- and cconotnie point of view, becausa s completv | erate w road in a particular monyer; and a Leg- ¥ soverciguty mav, if it please, coact that black Is | {slature cannot, and _duoes not, creato o railroad o white, snd compel ull persuns within its Juris- h‘y creating or gruntlng a franchise. At thosame diction to sct in conformity with tbe enuctineut, | time, the value of u phvsical uctuality may un- 14 becond, DIJ jurisdiction oxprthe person of Kirt- | doubtedly be increased by a franchise which 3 land by the Btate of Counceticat warrant the | rivee a right to usc such actuality [n s particu- assumption that the State had jurisdiction over | lar way. A tnouupoly, also, ke s franchlse, is his trausuctions in Iliinois, and’ that a debt due | valuablo; butits valus consists fn the fucy that bim from s citizen of 1llinola had its sfuain | ftzives to certaln persons privileges that are Connecticut, und was 80 mads subject to such | taken from others, aud the making of a monop- faws s that Stale mignt endct fu respect w tax- | oly no biore crestes propecty than does the stlond mukiog of a franchise, Tho first of these questions, in turg, fnvolves Bumy persols, whode uplalons are worthy ot a discusaloo of some interesting uTlinu in politi- | respuct, have raised a pout, In discussing this cal cconomy ; and the secoud, of the nature and | question, that there is adlatinction Lo be recug. sphere, under tho Federul compact, of 8tate | nized between Krupmy and copitaly and that, mverri.'mly and junisdiction. both in luw aud political econvmy, thu latter The Connectisut Court of Errors, with thess | docs uot uccessarily conform to the delluition uestions clearly betore thew, declded, deet, | that bas been bers giveo to tle former, But B.r debt was property; secoud, thut the | can thers be auch o thing as capltal which does atutes of Connecticut, so vamiog and defin- | not represent a physical artuality fu tho sendc ot Ing them, cxyressly subjected to tavation | embodicd labor] Capital i the futereat ol u within the Btate all debts due citizens of Cou- | person fn embodled labor over and abuve hils necticut from parties without tho State; and | dewts, or his faterest in lezal or equitable finally, rensoning, as the court expressed It,— | rights to embodied labor; aud can have no *in the abseuce of any provision limlting and | vulue, aud §s merely husginary, except it husthe defatug tsxation fu the Constitutivn of Con- | right, title, or power to coinmand embodied nectieut,"—trowm *principles of natural right | labor, or ta excrvise dominion over property, sod justice,”” that tne puwer to thus tax wus | theresult of labor. All that we labor and toil Jegitinately iuberent in the Legistature of the | for 18 cmbodled labor, “We will not give our State, and was by them lawlully exercl=cd. lubor for the ** buscless fubric of a vislon,” or Following the paths which the Copuecticut | our sccuinulated lubor for the dreamy creations court aaid should be taken, it is uow proposed | of a Berkeley or the fuusgiuary castles of poets, to ulre whetber the couclusions the court | except so far s they wake thew manlfess In arrived at were really iu consvnance, as clajm material furws or wrltings, with the priuciples of * vatural right and jus- By somv, wiu, the for'es of Nature arere. thee§ A debt leais evldencs of a (ransfer of property rTee ¢ e nuid the cortificato of he stack wero bogond tho [ Iy, ~Was Ui business performed by Kirtland In | ligations to % give full faith, and credit 0. the | Golatrare Lo Joer part of which was converi Jurisdiction of th court, The Court'sald: “A | suy sense busmcss In Connvctleui] And, In m’x’l:llu acts of 5lher States,” :fi.‘?f.‘{é“f'..g'?".r"'hl“fifi,33.'-’“}".3.3%‘1"21‘.’3 ré‘i.uv carporation holds {ts sto a quasi-trustee for | gnswer, it may be trst remarked that the make o o o ‘The Connecticut Court of Errors | 1i¢ Librury. its stockbolders, The scrrico of un attachiment, | ing of contracts is of itscll a business, in the | in this Kirtland casu had an o, portunity pre- . ——— though it is but a notice, finds the debt or tha | strictest sensc, nor can any busincss exist with- | sented them to and vue mare to the memorable stock i tho bnds of the garnisheo from the | vub the power Lo iake contracts, written or | iatances in which, through the Jaw of judieh CORNERS OR NU CORNERS, time of the scevice, and thenceforth It is poten- | verbal, Money cannot ba loaued Mnless thero | declsion, govermnent has beon clovated, the To the Editor of Tha Telbuns. tully in greminlegu,? Tnese and other decle- | 18 s busincss of lending muney, sad, for the | sclence of )urllprudcnce enlarged, a system of Cmicaco, Aug. 18.—The auestion of whethe? {ons enforcin; gnrnlsm!wnl of debtors can only | time belng, the vocation.of s moncy-lender. | wroug made systew of rizht, and society ben- | (he Chicago Board of Trade shall removo all be understood and r'cumd.lud with recopnlzed | ‘The amouut or duration of a business In a State | efited morally and materlally. But, in place | pidrances to the free and unobstructed runniog grluclplunlluw by considering (as the United | can Lave no influence on the question of the | of rislng Lo the occasion, they held before thelr P o o I tates Supreme Court In the cases quoted un- | juriadiction of -~ the State over busiess or | facos theabsurditles of precédents foanded on | Of What are termed *corners,” upon ttne foof doubtedly i consider) debts and all choses in | transaction. A State ca tax all sales ab auc- | want of knnwledge, and walked backwards, The | of the Board,—thereby virtually llcensing thels actiun a8 cquitable rights fa the debtor's prop- | tlon, including the sale of goods in unbroken | Supreme Court of Callfornta acted aiferently | existence, contrary to all aw,—ls to be decided erty, luherent in llm‘prmeny where located, ackages owned by noo-rcsldents, and Just | in 1573, when, with & _smilar nuestion before | by ballot on Monday next at the rooms of ke and not as property uv'nz & sitoa with the | brought into the State aud sold by pon-resi- | theum,—the taxation of murtgsges,—they swept | Board, between the hours of 10 and L. ‘There owner [n nnollher urlsdicton, dents or_ resident ageuts (JWoudrug vs. J'er- | away tho whole systen of taxing debts In that | arc from 600 to BUO members upon the roll of 1t canuot, also, It w.;mu seem, fafl to bo ree- | ham, 8 Walluce). In New York, mere wan- | Btate, by dechliniz, In consonance with the spirit | the Board who may be called non-getive, mem- oknlzed that the decisloy ot the Connecticut | dering peddiers are “tuxable ‘on moncK and targer knowledge of the aze, that dubts | bers who pay thelr ducs regularly, but who st court in thls Kirtland cast In ellect atllrms the | favested In business n every town {n which | were not included in the clauso of tho Constis dow visly the Buard or take |ur{ln ita allalrs, rlehtfulne: 3 and o"l course the desirabiencss | they peddle. If actually assesécd fn thore than | tution of Califurnia which subjects all property | but who, at the ssmo time, take a Mvely juter: (fur whatever 13 rllxI nltful is desiravle), of con- | one tuwn the same year, the remedy Is to apply | to uniform taxatlon, inasmuch as a debt, *a | eat in any action affectipg the character an tempurancous uu;_ tip! tls'tmuun of oncand the | to the Asscssors (il vs. Crusby, 26 Howar , | cunso In action, cannot pay the tax, becauss it | standing of the Board,—bound up and {dentlted ¢ property. For, i the physical actuallty | 413), 1t would scem, therefore, that busingss— has, aud can have, uo vn]uu lm,cbendvm. of the | as it is, o should be, with the best futercsts aod called the property lt. taxid a3 & whole, fn tho | occaslonal, tranalent, or perimaneat—transa:ted tanyible wealth out of which' it may be satis- | good name of our city, place where It s located all the joint and sep- | in a State by a resldent or a non-resid “h“mav, Hed;* and, further, that it was nof possible Wilt you allow uic, therefore, to expresd urate uq“ mdblnu‘r«lm—c ultavle or legal, | by the force of Btate soverelunty, ba mado sub- | &t the saine twe toattempt to tax a debt and | through your columns the hope that thesa bos* creditor’ or debtors' livores| li fudlvidual "or | lect to » uniforn rule of taxation. *Every ob- | tno property it represented, without imposlug a | active members will not fall to put inan 3> rtnnnhl[.r intercsts—uill, of necessity, igation," says Saviuny, arises out of visible | doublo tax on the property, and so lmuqfll’{ly pearanco va Monday noxt and help to furevef axed alsu; for it 18 Impeaible to tax the whols grery ouligation fs fultilled by visible | Lurdening vroperty that was incumbered ss | settle the question as to whother Chicagols 0 of any given thing without taxing all its parts. both of these must- happen ¥ with . aced ¢l the CAN GONNECTICUT TAX TIB INCIDKNTS OF BUST- | place o another. Agains it i3 thi Joing clfons fompgred with property fres fruin fucura- | bo sguin disgroced by @ pepelition of pi - g : uricls corners. NESS THANSACTED I¥ (LLINOIS] of thc law existing at the time in the State,and | = ‘The United Btatcs Is a country Btted by na- Uliskdlir, Youois; Lyody aid B vy But, apart from these curious and novel po- | the vislble facts which we call buslaess, which | ture to be acountry of abundance. A given e ——— MNtico-cconomie and leeal teaturcs, this Kirtland | makes a legs! contract, and binds the parties to | amount of labor under exlating clreunstunces | - caso lnvolves coustituthmal questluns of the | the pertormance of thele ngreement, The law | will bero producy more, on the averuge, of the . A DENIAL, higuest laterest and lwjortance,—as much so, | and tho vislbls facts tn this case of Kirtland are | essentiats for & comfortabla. Hveliood Lian any ToMhe Edltarof T ITNL o op Derbaps, a4 any case oier brought to Judicial [ acknowledeed to have been 1llinols Taws and | similsr rea on the carth's sarface Al joy | CHicAGo, Aug. 18.—In the year 18571 arbitrament singe the foruatlon of thé Federal | fucts, or acts perforned n Iilinois, Aud, if | world ougbt, therefore, to come to tho United | never met with, or heard of theexistence of, &1 Cunstitution. ‘To tols yoint, thercfors, les us | this be o, was not, then, the taxation of Mr, | Btates to- bu: » or, what Ia the sane thiug, to | wife (she was then only 18 years old); couse next wive attention. Kirtland 1 Convectlcut extra-territorial taxa- | exchange; j . A State can, undoubtadly,—if tho tax s not | tlon, or tazation of business dne. by Mr. Kirt- | were ot Minderet ot O Como i $hex | qucatly the testimony of Davo ‘A, Keoneds, i dlacriminating, but unilam,—impose & wulil- | land aud those who elected to deal with him d ;! regand to my past morals, could bave no refer plicity of tazes on ooe ind the same property | Tilinclst b | thocs not come, oud the cry i everywhers, | JHEAR LEY AN SRTS) A3 that e the o or of wervices, and an equitadle right to property it~ anlf or W other equilable rights to property ; but the value of & debt as a right rests cutirely on the circumstance that it [s a power Lo -flmropmtu val actual- ths reauits of embodicd labor or phiysl ites, A debt payable Intnerely Imais would bo an imaginary debt. As betw: and creditor, debts are inchoats or cauitable titlcs, superlor and parnmount to the debtor’s titles, for they will finally abgorb by legul pro- cass the entire estate and Interest of tho debtor i the eubjoct of the title, to the oxtent of the money due. 'The debtor usually holds the legal titl to the property, with & power to scll, but ho neverthelcss always holds {t s a Trustee for bis creditor,—that 1s, subject to the equitable right or titie of the creditor to the same prop- erty. Ketta, atain, are the ttca or the vepresentatives or properiy, or of monvy due. A wurchouse- recelpt given for wheat isa title to the wheat, but it is not tho wheat jtself§ noris the dobt the property it represcnts, There {sno valuo in the dcbt, except in the propgty which it represests, or to which it is an equitable title, It tho debt is uon-negotisble,—sa wore Mr. Kirtland's bonds and " mortzage,—it can be stolen, lost, or destrayed, leaving the property itsell fntact, and for the reason that the debt [s atitleor s rlfih:, aud unot - vroperty. The evi- dence of adebt, when luat, stolen, or destroyed, inay, however, neccssitate the productivy of secondary evidence to establishi the righis of & creditor. Admiralty courts ullow no salvage for saving billa of cxchange, or othier Wentiled evidences of fudebteduess, or Litles to property, from wrecks; and for tho reason that noue of theso thinzy are propesty, aud their destrugtion is not 8 loss; nor can u debt bo treated us an luport (clluwtog tns owaer when lie comes from anuother country to make his permanent sbode to thls country; aud, if it werc’vru]wny under such circumatances, it would be fres from State taxation us s lmport. within its territory, by hixing the property a3 | CAN BASTERN BTATES CONSTITI N, 3 ood medium {u our family. Truthfully. i 3" aud, for this purouse, consideration 1s | ganled aa propertys but they are not 80 until Debisin suy catimates of property are also | an actuality, and, at’ thp.mnugume. mepvf-r’mu - TUB BORROWING - mwn" o;" lcom‘x‘:";u'z‘; tilfm\r:e;llt:l. b:?:ufi!e:lt.lf;g is 5:’.5 ue‘é?.'na";",& ¥ < - y“"“-“" C. Pist. BnAz l‘fk:‘lbtol l::l‘:x “Kfi'fl“'c'anfi? fi& g;v‘a‘r{ly': m;:lnfieddz\gr;ni mlau,‘-:]m I:)lrl mea;lé ;I:&: ne-imtlx\';;“lx‘allllcl' uI; ba clnal:nw: Xrolm uoml- 1}31«- or r::gl I; ‘m l.d Ye, sgmmulwwly con- WBSTEBN BTATRS] duction is suspeuded. The obetacles whichs fn- * nd, e ] g €0 L il Vi d Vi 1 EEcural tuC] rgre- ! ¢ Kl L4 Co ] o1 1 By ¥ Lmpareent. tu SRempt £ obisla at the ougsot wgnmb{u R B e el an nal sppralsciucnts of argre- | sldered, the and cax docs .not fovolve a Uuited States stocks and bouds have been held | terfere sud preveut this dewand are various in RELIEF NEEDED, te property. Every oue cun sce, wilhout Sludylog political esodoiny that we-cangot b creating debts create eaibodled labor, which question of amouat or ol nultiplication of tax- | by the United Statcs Bupreme Court $0 b ex- | the ¢ vy 9 atlon, but a question wiether Conuecticut can »épt from State nullm?’b: n:u:n of uu ¢ntire :me:]mluw S mullip s el s, o Lhe Edior AL T0 TVNRA what courts, lezislators, lawyers, many writers | Ity 'and clecteleity, as freo forces, are {ncapahie them, fin . of taxat oll property or bulacss ot within her | waut of jurludictlon, on th3 bart of 1be. Siate, | Ehei cestrictive tebucmos: oo Laors wicidsty 14 | Cmicaco, Aug. 18.—The people of Ameriz on cconomle sublects, and the public generally, sale aud taxation, nor can they, in aoy ra- as proved by their dedslons, enactn i | Lional view, e consllered a2 propesty Y viduu Indebteducas were 80 o¢ extinguished by paywent, docs w0y one sappose tha the peoply alone is property; but It almost requires & surgi- | domlufon. It fs @ pure qwstign of Jarisdiction, | over the” credit, contracts, business; or borrow’ | which the Cone N g : ought to send & sbip-load of provisius to 1b4 yeasonings, do not now 44, pauel WUAT ABE TITLES TO FUOLEKTT] cal operation to gut ths ldca into some men's | —whether property -m'i tho titlcs to it can be | {ng power of the Foderal Goverument; and for cnl;l;l)' iven m..‘:."‘55"..fi:iffl:.."{nhfn":"xi‘:mfi sufferers of EumwnPN Husanir conception and idea ol s eact mafureqr | Buty while political ecouomy recogulzes noth- | braing that the ct of paying s debt 13 notun | taxed separately and lu Mferent Statcs sk the | the further reason, that such stock sua bonds | cases which molky costly thy work of productivu - — progerty, or rsther of whal proverty consisls, {ng us propesty exvept phyakl mna-\hhul tie | annihilaviom or extinzulsbuicat of some proex- | same tie, sud_ whether business sud its fuci- | are uot property, in the senso of Jaud or other | by maklug diticult the transaction of [hrhe It 5 fuforred that Deyden wain't o2 WUATIS rROPERTI] Law, fur tho sake uf couveuloace, Lis 80 loug | latiog property. It all Natioual, State, aod fndl- fents can b taxeil schartely at tho saoie Lo | visible, tancible thingy oncs owned " and eold by | aud tho wiovemeots of capltal. Buch luwa do | poscd b & shegry cobbler, from & remark b 4o of our States of ede e All lnvestigutivas on this subject .::‘ it fs [ trcated titles as conveylng (he same fdeas as bedlevey, Jead to but oue conclusion, that | property, that the profvasion und thy public i Lalo o befleral Goveruuent, but mere ncidonts of | not exiat {n other countrive, our compeers fa | onco made—'Straws way bo mado the st th 'bs legal detion, that ’,"""““ le tol- u}u bustiness or bgrmwlnz power of tho Govern- | woulth and civlifzation. Buch a casy as this } maot of hanpineas ¥