Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-13

u. ,nr they are not contracts do not Involve INC
RIGHTS and duties of contract, a.. o,hor eda
Z ,o,e the remarks to gentlemen on the o'iief sue
quo'e ~. ali 70 mind what has been decided and
'u :. a. - rbest judicial tribunal OF the country,
a;n,s analogous that in dispute here, anu no"
- r h.va differed from their present position.
i, M thus be seen, that in the opinion cl such VII
,,nI officers may be elected appointed ana sun
80 rights under their offices, and under grants weh
~. in the nature of contract which no legislative
power can lawfully impair. $500, 49,.
In the same case it is held has been quoted tiat
bank charters possess like character Oh c""'ae
and in 1888 on the removal of the deposes, 10 "hch
the gentleman from South Carolina (lr Calhoun mas
referred it was not denied, by the then Administrators
that the charter gave certain rights IN 'he hHiue "
contract but, the question was merely concehls n'
o Ytent and limitations OF the contract NC oPP,
,;on at that time concluded that the substance OF 'he
,r.c, nrohibed the removal of the deposites, unless
6s ,scerlaned TO be unsafe in the vaults OF te Dank
The Executive contendcd there was no sucn
ar Qualifications because the charter 'tseii expressly
provided "that the deposes oil the money VI te " %
r n,,ces in which the said Bank and the branches
hoof NAV be established shall be made IN said Bank
o The branches thereof, unless the Secretary OF the
Treasury shall at any time, other@se order ana ai-
root" &c (section 16th) The Secretary did "other-
wise order and direct, ana, consequently, according
.. the views of the Executive, contomed to the con.
,ct instead of violating it by removing the deposiies.
/, the present case, the other indications Of con-
tract, beyond all which has yet been stated, are de-
c;s;ve There not only always was contract, and
no;nr but a contract before 1919, but always since
has there been contract not mere bond TO perform
naked public trust i'll cases of mere officers, but
bond TO comply with the particulars OF the JOINT re-
solution and thus furnish certain materials oil paper
and ink which equal in value nearly halt the spula
ted price to be paid for the whole work No such con-
tract or engagement with most other officers and
none such with mere officers. In this case, The law on
the one SIDE and the bond the other make 1t part
of the contract the one side, that they shall ur-
nish these materials during limited PERIOD winch IS
one of the tests of contract By Justice Story, that Isl
for two wears or the next Congress, well as TO per-
form the labor and provide fixed capital, necessary
TO do the work promptly, in types presses, &c ihs
capital equals thirty or forty thousand dollars
Aqain on the other side, it is virtually engaged as
consideration for this bond that they shall have The
work for u definite time; that they shall be Paid ST.
puated price for the work. during that stipulated he
This makes il exactly, throughout, one OF inc cases
adduced in the Supreme Cenrt, TO illustrate what is
contract in The case OF certain oH!cers Soup'e tee
considerations with Others before mentioned III this de-
bote thot these Printers designated TO furnish The
materials and do the duties as firm, and not as lndv
dunls showing the business character OF the case mat
they are proposed in this very resolution to be dismissed
"a n firm and not Mr. Blair alone-who seems alone 10
be obeconablc-that they cannot resign without our
consent which is the with no mere oihcerS-that
they have given, and the law requires them 70 give,
bonds not do the duties OF an olcer but Tor 'he
promp accurate, aud neat execution OF the WORK Ana
record within the form, we'll rs substance, not only
of definitions but Of DECISIONS in respect TO contracts
Sound common sense, and immemoral usage, cannot,
in nv opinion, justify any other view OF the suoject.
No scholastic subtlety long bewider either TINS
body or the community TO the real essence OF the
transaction. However party feeling may insensIby
warp some of us for time, and It may all OF ns-how-
ever sudden irritation may have provoked and render
ed plausible the expression OF doubtful opinions
however any Senator may, IN his zeal 10 serve DINERS
I.1..o ole nnnt pdtfrs1t Inp al
supposed vice-and however all tins, under human
fraiitv NAV make feel power and forget right,
without any motive existing actually 10 violate vest
ed rights, yet the scrutiny OF free discussion and OF
time will dispel all deluslon All attacks on private
characters and contracts have revolutionary tendon
CIV; and one of the sages of is depicted as holding
up to the world adherence various entertainments
and among them, broken charter, and other lawiess
acts of ministerial power Reactions will conc Truth
must follow after fasehood and though sometimes slow
vet sure though crushed to earth, she will rise again
The people at large are sensitive to injustice and OPP
PRESTON though committed on the humbest individual
An emanation from Deity himself is constantly at work
in the human heart to correct evil 10 bring BACK errhg
man from wrong and TO do justice TO the aggrieved
however late.
In closing allow me to invite you, before you vote
for the present resolution to look at few ot the
operations of such feeling and principle IN man, anu
especially in relation TO TINS formidable class IN So
ciety composed Of those connected with the pubic
press. ,
In our provincial weakness OF colonies, practical
printer their agent stood before the assem-
bled power of an English Parliament Though faith
full TO his arduous trust, he was stgmatsed by the
reckless Wedderburnes of that day as lbeer, and
guilty of various other high crimes and misdcmeanors
which it is not necessary here to repeat The petI
tons he presented were trampled IN the dust-the
PRAYERS Of his constituents rejected with scorn-and
the prescribed and insul'ed agent was driven back
across the Atlantic in supposed iniamy. He at once
devoted all his energies the cause and did more,
perhaps BY his pen, tongue and the press, than any
other individual, to prepare US tor the coming CRISIS
What was the termination OF the outrage lew
vears after the same printer appeared al the same
court as the representative Of thirteen free, ndepcnd-
ont and sovereign States Rumor adds that, in the
same dress, worn when he was ylhcd, he then and
there affixed his to the treaty oil peace, IN which
his opponents virtually acknowledged the wrongs ihey
had inflicted and the sacred rights we had claimed
But nearer home this very body, within the recollcc-
ton of many of u.s. and deeply so OF myself, printer
from my native State when nominated TO Office was
rejected principally, it is apprehended on the ground
of a supposed libel published some years previously.
then believed and still do, that he was imposed on
bv others as to the facts the case and that no express
malice existed nor any Intentional wrong was dessned
n any one But the blood was up even III tins grave
assemblage Reason was, in some degree, ohhoea ana
s,ifled by honest Indignation, at what was considered
RIGHTEOUSNESS of the press and without .fal OF con-
yc,ion in the courts of law, and with private lie OF
great purity an untng industry, and singular clear
ness Of intellect he driven from his subordinate
office in apparent disgrace. Only ono brief year after
wards what did we behold of returning justice and Po-
nuar ;ndemnjtys This printer sent here as the
representative of sovereign State, TO sit and act By
the side Of those who had rejected him. and soon at
forwards exalted still further, by his elevation to the
chair of the Chief Magistracy
One other illustration, and nave done
In the case of John Wilkes, known wherever popu.
lar liberty is known and the particulars Of which need
not therefore, be detailed his papers were seized by
the mnions of power under general
because he had caused to be printed what cunsI
dered lbels The community ooked TO the outrage by
such seizure on him and his papers, and his domes
tic sanctuary rather than the individual guilt or 'nno
cence ri ey regarded the oppression, rather than the
character If the intended victim of ministerial usur-
patton To evnce their indignation at the proi'gatc
invasion of his rights, they at elected him to the
House of Commons. From that House he was e1pell-
ed FOR dmissed as this resolution would term it, by
the pant supporters Of that ministry. This was Sc
eond outrage, not much less fragrant than the first,