Washington telegraph., 1855-01-31

this State, are assessed and taxed under ex-
istipg laws. The question then arises can
the Legislature cons;itutionally repeal the
act Of the 9th January. 1851, above quoted,
so as to subject the lands entered under it,
to taxation at an earlier period than ten,
gears, or until tIie same shall hare been
reclaimcd2 And the solution of ;his ques-
ton properly brings up all the arguments
and authorities relied upon by the friends
and opponents of the measure at issue
We will not pretend to sustain the pollen
of the act of the 9th Jan'y, 1851 That
is not question within our province, or the
scope OF our present purpose, as 1t is 4 con-
sideration which should have addressed it
self 10 the minds of those composing the
General Assembly OF 1850 and 81 under
the view we shall take of that act in the
course Of this paper We shall not contro-
vert the abstract proposition which was sta
ted by an honorable Senator in the course
of his argument, upon this bill. that is to
say. "that this Legislature can constitution
ally repeal any law passed or enacted by a
former Legislature for this proposition we
regard as self-eviden. in the abstract. But
we do assert and maintain. that though the
legislature may repeal an act which confers
rights upon citizen, which have become
vested. the repeating act will not affect or
disturb the citizen in the enjoyment of those
rights so vested, and we fatter ourselves we
are sustained in this view by both principle
and authority. Sec 6 GrceHkeof's Rep
liz; 2 Faiyfeld's Rep 118; Is Maine
100; I Pick. Rep. l0S;- 8 Smead d.
MarSkalEs Rep o; 4 Gtkmer's Rep. 221;-
Is Ohio Rep. 500
This leads US naturally TO enquire into
the fact. whether the act Of the 9th Jan'y,
81, conferred upon any one any special ia
rOr or right. 1t cannot be controyerted,
but that the right Of exemption from taxa
tion for ter years Of there were no other
right conferred by the act.) is valuable
and important right, and one, too. which we
insist, vas net gratuitouSly conferred by the
Legislature, but entered into. and formed
part OF the consideration, inducing those
who have taken Ievce contracts. to complete
and construct their work. The 14th Sec
tiOn. proposed to be repealed By this bill, is
virtual proposition on the part Of the State
to the people at large. TO this effect: IF you
viii proceed in carrying CIT the objects
which Congress had in view in making the
grant 10 this State, by the act Of the Both
September, 1850, you shall have pay for
yOuT work and labor, as follows, that is to
say Lands at so or - cents per acre,
which when taken by you, shall remain CT
e1nPt from taxation for ten years, or afJltiL
tItey shall be reclaimed. under this act
We assert, therefore. that 50 soon as any
person took contracts from the agents Of the
State, under the act OF the 9th Jan'y, 1851,
to build and construct levees and drains, as
contemplated thereby, tha; the act became
and was part Of such contract, to all in
tents and purposes. as If recited there. that
a right at once vested in such person, TO
have all It's provisions executed, and carried
out on the part Of the State. so as to secure
to him all the advantages and privileges con-
templated thereby As well might this leg
islature claim the p0lrer and right, after
contract TO Leree and drain, had been tax
en- and performed, payable in swamp land
at 90 and 10 cents per acre, to say that the
honest contractor who had thus performed
his labor, should Only have land at 81 and
81 per acre. as to say that he should have it
at 90 and IS cents, but that it should be
taxed and assessed at once. The principle
is the same in both cases.
The amount of right OF interest izaUoiv-
ed, does not, and cannot. in our Judgment.
change the principle, that is fixed and per-
manent, and when once admitted is as in
flexible and stable as the DEGREES of Heav-
en-. After work is done, therefore, under
the act of the 9th JAN, 81. all the rights
secured by it, become at oGce vested in the
person performing the service, and We say
again, that Notwithstanding the law may be
repealed. as to new parties, and prospective
ly, it cannot be altered or rcpealed, to the
prejudice of party thus interested, and
we say we are sustained in this view, by
series of adjudications made by the highest
courts Of judicature in our country, and by
men. too, whose names, as jurlSts. are as i'm
peri>hable in the worlds history, as the
mountains Of the earth. We will not claim
the space to quote what these courts have
said, but viii content ourselves with refer
ence to the decisions. by referring to the
eases in which they were made. and the
bucks in which they may be found. See
Fletcher Y. Peel, 6, CrGnch 130 The
.Stafe Of Ne,0 Jersey v Wikso'a. Z Cranch
16i;- Terreu V Taylor. 8 Cranch 43
Dartnaoutb College v WO0lrard, 4
Wheaton, 5lS;, and others which We do
not conceive it necessary to cite or refer to.
These authorities were respectfully sub
mitted by portion of the undersigned in
their argument in opposition to the bill. in
Its passage through the Senate, and it was
earnestly hoped they would have bad the ef-
feet to avert the result of the measure but
in this they were disappointed: it being as
serted by a portion of the majority, that
they are not applicable to, or did not bear
upon the question at issue. and this position
was seriously and earnestly insisted upon in
u