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

reason vet stated in debate Nobody, cohleu ~
in cases like this if amounting 10 contract, nc
party to it can remove the other party or, lhat r
DIV can remove a party TO any contract runnn lie
u s. like this and properly made, unless w :,
consents or has first broken it, or has done sq aS'
incompatible with its terms and character =,
Il is not pretended that any OF these nave "
in respect 10 Blair and Rves. The only OIL
tieh ie"ias' 10 Sc . contract his
as contractors, or in the nature OF a contract Sbe
inquiry IF the appointment oil THESE F's'e' m as
resolution of 1919 was unconstitutional VI on
some are supposed to contend, their cohu -,
and since entered into, was valiu, ron =. do = ne.
,hsol,,e and oruanic power of thus Doay " uo "a
cessary for the due transaction OF .ne" ,o ENG CON
thus authorize their officers 10 eh'ei ~ ;nr &.
tracts Tor the per'oi -, - ba that a mere Iact,
1" ~, i, contract and not OF an oihcer Pect-
"a u,;t5 i or created by either the Consttuto l"c
laws. ,.. r ,c,o !, ;. t;,u
,;onal or not and whether the Public frnter IN
officer or not, it can be made manifest that
~ b,s r;rh.s and duties under a co act
for an officer may be also contractor, ana M naSe
rights in the nature of contractor, just as as
.rs -, -, o,,cor In tins case the nd lre OF
il and the facts, show not only that a cohu was
inau, 49,, .,,hnr,,v IN Tho Senate TO have 4pade
The resolution Of 1919 prescribes now the nun
shall be done, the prices, and when tue ,lel go c
DESIGNATED or elected by the Senate All THESE pVing
akpn regularly, ~
United States to comply with the provisions tha'
net and this having been the practice tor near quar-
ter of a century, are we now to be told mat Is no
contract, because the Senate, as body cannd
into a contract 80 -, =
How are our laws for erecting public buildings forts
etc, Do they expressly authorize the fresoenls OF
the Departments to enter into contracts 10 40 uie
work. On the contrary, II is merely Impeu 10 amos'
eyery instance from the nature of the case; ana inc
contract Isl in almost every instance MADE u'uef .ae
superintendent Of the appropriate sesfe,af'es o1
ordinate officers and in the name OF the " - Us oo'n
were IN this case md not in the name OF the Senate
or of the Departments by the PRESIDENT or eaus
of Departments, in person. Inc contracts, OH SUI"
occasions are also signed but by one party OF are ny
bond of one party, to deliver Materials or DO WORK.
ma here: and referring law for particulars or an
nexinp schedule of them. But in whichever form,
they are III equally contracts and binding; or
all our obligations Of this kind from the foundation OF
the Government, are Invalid.
Again it is said by the gentleman from Sonth caro-
lima Mr Preston that there can be no contractor or
contract where there is an election of an individual
But in this instance the election OF particular person
have the contract has been substituted Tor the lowest
bidder formerly in use, with view merely to Tx VINO
should have the contract THIS has been done 10 pro-
cure what the member from North Carolina (ar Man
gum) considers so Indispensable. e. Printer Who
when selected. has the confidence of the body
This is the whole amount of the election IN The pre-
sent case. Its or substance-and we are now
looking beyond torms-is mere designation OF ule
person who at the time Of the election, has the cont-
dence preference of the body to receive the contract
instead of the lowest bidder. Besides this consldera-
tion several classes of officers exist as before stated,
who may be contractors possess rights IN the nature
off contract we'll as any other person, aud st De
officers.
The case of Dartmouth College and Woodward
"A Wheaton Rep. D. 657)-is very full on this point
1t was more familiar TO most professional gentlemen
twenty years ago than now, they never would have
insisted on this OCCASION that there could be no con-
tract where person had been elected, was in any
sense an officer say nothing Of the correctness OF
the law of that to the distinctions between pub
lie and private charters, as to some other positions
But read from it few passages, to show how much
wider a range is there, judciay, given to the mean
ing of contracts and rights held under contracts than
The Senators from Delaware South Carolina have
seemed to suppose The itself arose under that
clause in the Constitution which bears directly on the
present discussion, and which provides that no State
shall pass any claws mparing the obligation of con-
tracts"-(Art L., sec. -
The Confederation took it for granted, that Con-
gress ITSELF either house would their more retired
elevated and cautious position, never do any act I'M
pairing the obligation of contracts and hence, extend
ed the express prohibition to the States alone There
was danger from them the circumstance, expressed
by member, that the ''sober people Of America, had
seen with regret and with indignation, that sudden
changes and legislative interference, IN cases affecting
present rights, because jobs in the hands OF enterprs-
ing and influential spectators. The clause was IN
troduced "to shield themselves and their property from
the effects those sudden and strong passions TO which
men are exposed" (6Cranch, S7) Similar dangers,
it now seems may, Unexpectedly, arise here as with
the States but justice requires me to add, that none
of the gentlemen the opposite side understood
TO claim the right to annul contracts in Congress any
more than in the States though some of them have,
/ think very unfortunately, spoken of paying large
or small damages, if they should annul contracts.
They WILL however, find that if the deporabe viola
ton once takes place, in the flush of victory, and in
the hot blood of passion any reparation in damages
will be but feeble atonement for violated faith;
and stigma will be fixed on the character of the Re-
public, which ages cannot remove. The damnlng
deed will be done The little credit left of the States
will be lost and the high credit of the Union prostra
ted The De Tocquevilles and Chevaliers may have
TO write new warning to the advocates Of free prn
cipes abroad and chapter of burning shame to
us on the rashness and reckless injustice Of party mad
ness under free institutions. But again 1t is said, we
can repair damages. What TO be lavish of the
peoples money TO repair the damages we ourselves
have committed What justice and economy
Who, also, are to fix or estimate the damages The
party doing the wrong as the Senate cannot be sued
What an impartial remedy The end of such be-
ginning, under the new Administration, can
easily be mag med than seen.
What disastrous coming erenS thus cast their shadows
bcfore2 Is this the first act in drama that is to ad
vance in proscrptve violence, like the tragic scenes
enacted in the Italian Republics Of the middle ages'
Are our historians and poets II, unfortunately, poiiti-
Clans 10 be, like Dante, not only prescribed but ba.
nisheda Is confsca,ion to follow in case Of contracts
and property, and apology to be offered, by talk
ing Of damages estimated by the injuring party
or paid future PERIOD after hope long deferred,
and when victory shall hang in the other side of the
scales,
OF one thing, thank God / feel satisfed-that,
however violent causes may increase and infame
they move onward, yet the atrocities Of party rage
evinced by females in some former Republics
never be revived ours In the ruthless prescription
of triumvrates, none of QUE fair countrywomen can
never trust, under the humanity, sympathy and be-
nevoence of Christian education, call for the pro-
scrbed head of political opponent, and, in impoten
madness, pierce his dead tongue with a bodkn, in
venge for his philippines uttered against demagogues,
profigates and usurpers.
But one moment to the decision of our highest ju-
dical tribunal TO what constitutes contract rather
than TO the photographers and looser definitions prof
fered on the other side.
The decision in the case Of Woodward and the Dart
Colleue not Int linden mutually