The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-03-23
The New Remedy.

Mr.. LENNON, Of Baltimore, claims that
nc knows how 10 compel the State OF Nir-
y,nis 20 receive her coupons in payment OF
hxes. Some bankers in Alexandra who
hold cleo, 900 worth Of Virginia bonds for
different parties having consulted him, he
teIls them:
I. That the Supreme Court OF The United
s,aies saws that the state dare not" re-
fuse to receive her coupons in payment oil
taxes. But In this he Is mistaken. On the
contrary, that court said:
"Tbe primary obligation Of the State Is
Cor the payment mot redemptionJ OF inc
coupons. All else j. simply az means 10
that end. II matters not whether inc cou,
pons have been refused for the taxes II 'ui'
psvment OF the amount they cal lor Is
actually made in money. y remedy, theTc-
fore. which is ample for The enforcement OF
The payment Of the money Il ample ior an
the purposes OF the contract. Iha', VIC
think, T. gwen by the acc Of 1857 IN Ooti
forms Of proceeding"
2. Mr.. LENNON claims that in addition TO
Abe remedy against the officer making an
unlawful seizure Of property after the ten
der Of the coupons has been made, there
would remain also the right to recover
tack the property sold from any purchaser
IL the tax sale. and that concurrent actlons
against officer and purchaser would pre-
vent both seizures and sales. But III ihis,
100, he l. mistaken. II wouldn't be ian
unlawful seizure" The Supreme Court
decided that the state Is bound TO receive
her coupons, but that she has The right 10
refuse TO receive them until after they have
been prorcdto be genuine. More: that court
said that the United States Government
made people pay taxes as claimod, and let
them recover back Hc amount 1T law II
they could, and that this was right be-
e,use the Government must be kept up.
2. Mr.. LENNON claims that "thc taN-
y,aver's protection arises from the fact That
no sale or seizure 81 bis property can be
lawfully made or justified for the non-pay-
poeut Of taxes, the amount whereof he has
already rendered in gold or its equivalent
eoupons." Blu; in this he is mistaken; for
Abe Supreme Court decides that an Offer TO
pay in coupons which have not been
pro,ed TO bc genuine i not tender lin
gold nor rs quiyalent-cOupons.' ." ii
matters not whether the coupons have been
refused for taxes" says the court, eli fuli
PAYMENT OF the amount they Qhe coupons
call for Is actually made in money" And
the court adds that Virginia has made pro-
vision for such full payment.
4. Mr. LENNON AYERS that "nO purchaser
at such unlawful sale can acquire title TO
any property, real orpersonal, which would
protect his POSSESSION against the outraged
t,x-payer. and no State official could make
such seizure or sale without exposing him
SELF 10 damages" But in this also he is
mistaken; for the sale would not be UNI
lawful" The title would, therefore, be
good; and the State Official could make
such seizure without exposing himself TO
damages.
3. MIR. LENNON claims that he can bring
before the Supreme Court Of the United
States a case In which that tribunal, hay-
ing before il the one simple question OF
euTHs right to pay his taxes in coupons,
will affirm the validity Of the tender, hay
Ing already said that the right to pay 'he
coupons is inviolabe and ono longer open
IN that court" The same omission TO state
the whole truth is manifest in this last
proposition also. The Court, it Is true,
SAYS The question OF the taX-pay er's right
30 Jay his taxes in coupons is 10 longer
open In that court: but it also says that
she right TO pay his taxes IN coupons does
not affect the States right to require each
coupon TO be proved to be genuine. ct
matters not whether the coupons have been
refused for taxes" &c. Again: The Court
says:
Choking at the case, therefore. as one
affecting the collection Of the public TeNc-
rue, we cannot see that the requirement Of
the advance OF the taxes az a condition to
the employment OF the remedy Is such all
impairment OF the contract as makes the
requirement invalid"
What does that language mean? Plainly
that the State Ia, right TO require "the
advance OF the taxes" Sc. And If she
has that right, It follows Gas the night the
day" that she has the right to distrain as
q means Of compelling the iaX-owor 10
pay his taxes in money.