, 1874-02-04

property. It will bo furtl,or porcciyo,l TINT tho
tight Of property fa p!auol Upon tho snno foot
Ing RB tho rights OF personal Hnourity nt liberty;
anu why, IN pUtnt bf toauon and philosophy.
shonla not this bo no? It must 1,o ntltnitted
Tint thu Ho1'so OF property is looply implanted
III lluEhn1l natllro,-
IL INHERENT IN MAN;
mud, II VIC nro to in(or purpose fran roHnltB.
thi1 hnltAc lnllst llayo boon boHtoWotl for tho
purpose of roi,s'ng mankind iron, sloth mid
Btitnmtnting thon to activity and Inns, ~ fact,
lad far grontor infllonro hi founding nlyll gov
orrn'ont upon correct principles thah any oti,nr
motive or perception Of tho human mind. III
tho elegnnt md comprehensive lnuguago Of
Kont: :Ihn natural md nttiyo sonlao Of prop
orty pctyaleB tho foundations Of social in1proyo-
mont. i leals to tho cultivation Of tho catth,
mont Of Justice, tho acquisition OF tho comforts
Of life. tho growth OF tho useful nrsA tho spirit
Of connorco, tho proluottoiH Of taBto, tho GREG
tt, to u eare and tho display OF tho bonovo-
B'icl.. boing tho bono.cont inil,1oneo Of tho
nattral aonHo Of property III forming nnd ani
mating all tho institutions Of trlte civilization,
tho right to isH qualification within tho limits of
law, Wha regarded Ms nh
ABSOLUTE, NATURAL, INHERENT nrustT
by tho follnderB Of tAb common Inv; tn inott1tod
in the fundamental doctrines of THO Declaration
Of Independence aB among tho inalionab1o rights
OF mar, and there dsnonnatoa ny the right to
tho pursuit Of l,appinosa; md, in Tho Bil Of
Rights in American uoyorninontB IT is r!acoa
upon mn equality with to great natural rights Of
personal Security aud pcraonal liberty.
IT aoo'ns to mo l,alpablo TINT the vlewa OF tho
its proper measure. They hold thas, If their
private property a not taken, II thu tito to It Ii
not disturbn1 by tho net IN 1.tnBton, thon tcso
parties callnot 10 considered rs being thereby
deprived Of thoir property, within tto moaning
f1f flSn ftf
to mo
AN ERRONEOUS VIEW.
Tho Dill Of ltlghtB IL l,aye aaid, docs not
croato OF bestow ticso natural rights aid ],an no
reference to remedies between man and ,nal,,
but was intontlca for tho protection Of tho oit
zen Us against tho agencies Of the Qovorn1nout
itself; a,il that protection was ntoheed to DO na
broal ts tho rights protected. Illo right u,,dor
property. Our Government Is o1lo Of tho poo.
pic. n1ld Its functions nnbjeet to disturbance by
popular exctemonts, by which ollo claYB Of tnon
with ccrtain particular interests md projudices,
either political or otherwise. inny como into
.licoa run, and opposo thonl with uniriiondly
legislation. Suppose tho displaced casB to
''o those engaged in agriculture. t1,on lawa
nre passed to cripple tho intorosta Of
tlloae engaged IL, It. Tho price Of laborers or
prices for all producta ut low ratos. by md by
this oppressed class conto into power, aud they
retaliate by angng ont tho largo citios tlloy
prescribe tic ratoa Of inBuranco, d standard for
mission-merchants, lotol-koepcrs, proprictors Of
nawapapors. and, above all, maximum low prices
for all implements Ia bp tiEod by tho dominant
class. Now. In nome OF thcsa instances would
proportr itsolr be takon, or tlte tltlo to it d4-
t,lrbed but can there be ,any doubt that BY tho
principles Of tic Bill Of lights NIL such ogiala-
lion would be
UNCONSTITUTIONAL. AND yo,p?
Il was for tho prevention Of Ht,cll things TINT
Constitutions ara adopted. ''Wllen tbs uovotr-
nsencies, intetJires with tho Little Of ono'a prop
erty, or tho independent enjoyment Of it, mid its
net IL called III question rs not Il, accordance
With the law Of tho land. We aro to test Its ya1i-
tutioual tloforso which l,avo boen established in
olr system, aud not ly any rutea thNt pertain TO
form" 3! Of Of procedure moroly"-CooEcy'a Co"st.
extent ot lie right Of property wlliel ths Bl Of
lights was intolNlon to secure aSainst tho nGe,i-
cies Of tho Government, 10: lb hHo whether lct,
right was nnconstttutionnlly invaded by tho acs
in question. Boforc proceeding to that inq,,ry,
It h proper to state that thoro Is no question
arising which las any roferonco to the power Of
oninotsfdon,ain or taxation.
THE ACT SINGLES OUT
from all tho establishments OF tic State OF a
similar cEarnctor tho yrall-warollottscs Of Chi-
Of hlo Or rowa.d to bo received by tho propric-
tors, md forbids ti!om from contracting with
customers 70, any highor rate II tllo1l pro-
li',:ts, nndor sovero penalties. their continnanco
license to carry 1t on from tho Circut Court Of
tho county IN tue 1nall1scr prescribed, aud enter
into bund. with aurotios, conditioned for full
and unresoryed compliance with all lava Of tho
State respecting tltoir .buainoss, ircludng Of
f1irn fhr trnaHf NJ 4vf3ift f1>ot;
may DO revoked, tho business made criminal and
stopped, aud themselves nild suretics ilaLle en-
their bonds. As WIS justly said by alr. Jtlstico
Johisou, OF the Supreme Court Of tho United
aro universally restraining ncts; as, fur oxaus-
pie, ncts liconhing ga1ning- -houses roteilora of
gplritNous liquors, ots."-Gibboas Y. Ogden,
lFacat., 23o.
Tho proposition iu, it sccmo to me, too plain
for argument, that tho sature uf tho ,owor over
tho business Of warohousno,t pf grain in tbs
City Of Chicago hero assumed by t4e State is
ono Of suppression
OF pEsrnuoT1oN,--
For, il the Legislative ea,i fix tho rate oil |
ilion MAKO 1t criminal to proBo-
cato tho buHinoas unless shaY shall obtain Il H.
censo to carry it on, and givo tho bond roquroll
to submit To tho ratio no hSod, then tho power il |
limited only by tho pleasure Of tho State, aud it
may tx tho rite 10 low that tho l,1silless cannot
possibly 10 continued undor 1t, and is therefore
destroyed This ispurely question
Of power. Questions Of power" Hays Chiof-
Justice Marshall, ''5o not depend on tho degree
to which 1t may 10 exercised. If It may bo OK
nrcigel ut all it n1ust be exercised at t.o will Of
those III wllosa hnnus it 10 plated.h d.h-Broton y.
Stale Of afarVand, u 1Yheaf., A19
This principle was illustrated In tho case Of |
WcCa|toch q. Slate Of 1faryland 1rhcdf., 3t6 I
whore it was not claimed that tho particular tax
uyicd by tho State upon tho United States Bank
would doRtroy, or oyon cmbarrass, that insti!u-
lion. Et tho validity Of tlln net wna asuaifotl /