The New York herald., 1870-12-09
THE NATIOlAL DEBT.
The Fox VIII Case end Iltw The National
Debt Might B. Discharged.
Nephews Contesting The Will-Uncle easn 10 the
Rescue-The Case Bore the Surrogate
A Rich Harvst for tee wyers-lhe
National Dsbt No Lisely - Be
Li9uiaated as YstThe Law
yera at Loggerheais.


For considerable time past a warm contest has
been waged between the government Of the United
states the one hand and Two private citizens on
the otner the possession OF valuable estate LEFT
by one Chyrcs Fox, form riy u resident OF New
York who died during the 1879. he properly
consists OF number Of lots, situated on Third ave
nue.. and also large amo ant u cash and bonds, OF
:he total value OF abou s,5)J0i.
Having neither wife nor ciidren and applrensly
dtscarding the eXlstcnce OF two nepaews-coutrst-
ants In the present aui'-Nr. Fox made a viii, IN
watch he bequa aathei the whule OF his fortune the
United states as legatet the proceeds OF which
were TO be devoted TO tna payment OF the debt
incur ed by the soycrn'nsu the for the
Jugatioa ot the rcbe hla "a the sou hsfn states"
THIS EXTRA HstNARY WILL
was presented IN due FOR probate: but ia.
s.ead Of the government getting the instrument
clean through the court, Nas autlcipat H. the two
nephess ABOVE N msnt,oned appeared and led be
ton % maze will OF ia ic uncle set aside the
ground of insanity. nee March vf the present
year upwards tnlrly dlys nave been consumed Ia
hear ng testimony and In tue exam nliion of VIZ
nesscs on the question Of tne Insanity OF the es-
tator, an though 1t hiA been pcov ii beyond u
d ubt mat the habits Cnaries Fox Immediately
pillr 10 his deceasc wee csdcry eccenrc,
thing appears - FAR TO NV. e. "A luced 10 N
vince lnose concerned Ia tha su,t that he VIA
ins ne In the fullest sea3e y tte wori. He
patriotic law-lbdng ci,iz aul vnel he commit
tel his property to the government. Judging from
the evidence. he fully exiested 1t would be applied
I2R TIE PAWN .sr o. rne WAC pEBrn
On Tuesday another nearing OF the case was COM
mencej before Surroga iiutchngs, In the presence
OF the most eminent lawyers OF this CITY. Judge
Pierrepont represents the government the con.
, tesrant- beng repres onte.. hy samuel Hand. az
slled BY Ssnatof Harder, n,ertl. Mr.. Hand argued
that The Uniied States coui no old real estate by
devise without tho u: Legislature or tho
state as the Unite State - - corporation whose
charter Is the const.tu,ioa. II wnich II IL not aU-
thorlzeo 70 hold real estate ~ 0evise IL IN ght 3.
well be sail that FreIcn republic had the righ5
to ho d real estate IN NV ,Jrk Is 10 concede fh1
rgnt 10 the leiera government. II the tnited
states held the poperit y coui NOT sen H. and IN
asmuch as the debt vi .he country cannot be part
with land there woiId be no proceeds TO Apply 10
the Iiqu .datiUn OF the war ,Di.
Jul q .leytcpont re pie / al great length for the
goyer ment during which H. sai tne United states.
III rIVnt It's s)yerei tny. IL not only take per
sonal ropcrty by dev ,ss but could bring SUIT 20
in the cour.s OF the States ana OIL tho unteo
leslerday morning the argument for the govern.
ment was concluded and
SENATOR iAIpENBEsGH
took up the case OH behalf Of tue cOnte e5ranta hd
dressing the court, he -ai III quesAoa Of waich II
was about to take charge OF the de pest
importance to the p,dy polu; Il was not a que
tion OF the amount, but living question OF the
rights political aud o,herwise. o the subjects ana
citilens OF the State OF New York. Tiere was no
authority by which mao c1uia %. o.queath or degiso
shority had ever been cohtei ID py his State The
government the only wav through which ne might
place the tes.ator, Fox, had no power right to
convey thus real estate ~ tue for ana for TIE pur
pose ne Il d. secondly tnat II he did so conv y IL
and IL was accepted IN the Tor N of trust the
UNITED srArns GOVERNMENT
could not hold Ii piattr q real estate Firstly,
j. tnep, this was a quest oi Inc greatest hil-
portanee, because tue practice ol such policy
as that claimed ~ the United states struck AZ tho
u political rights OF yfcaf pelpc and
/ tue laws oi an indie END nt cooAy which had tha5
!, independence and tnose r-hts long before the
= United owned nag In the treaty wltn Great
Britain the independence o, tae State of New iorS
with its four millions OF people had separate aud
independent righ.s an " tn"nt had conferred
states had 1 rignt 10 take egca stone; and lnas.
much as no such authorit nad ice conceded Inc
government could not iohi thi- real estate any
than an ali n Great B,,ian or the republic OF
france To- ins'alc,. why .onid hese Powers nos
| law did not allow u. u Sizes Twas
A,A,NSr rae lArtbNAt PpItoY
to permit any loregn arence with Tie sovereign
rights of tne state waicn tua i necessarily ensueif
lhey I'D properly IN tie STATE. By ITS charter to
certain rcrtca OF ms save e,yn ,eIt9 Dut noti'ns ~
has ever be "A sta'ed " "a lard 10 the handing
Iris question, IL could not De deael, wa. raisei
upon the charter OF The constitution aa1 upon tns
| laws state. =
! II was during the te,H~f
RiIdN HESay rHr EIGHTH ''s..sS
IN England lhat statute wa passed enabling nan
ir,ena yesterday siateA tnat tio rntod States gov
@ es9nea5 nad psWes '6a y gEe ,e pcgery but hay
iurter eiuctiatlon. rhe real question H. whether.
this man fox had tnc risht TO dispose oil the pro-
lai iiot me Il2Gt 70 accep, II. rhis, maintain
must be deern bed by law. so man has the rlght
aGcordn " @ sstu e !" a. osc Q, an acre q lnu
purpose. and Il nc conysgs Il at al 10 must be III
acco dance VI me stautt; not 10 give 10 Power
or government uuautfoI 4ea w the laws OF tho
state.