Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-03-19
rIRROIITON CARROLL CONTY ONIO THURSDAY MARCH 49, 1851


ions u nv judgement. which | cannot resist n
Truth, Ouly. has been my guide. and iolIoEing a
1, / have been led 10 ibis point, and noW the q
! ieslion is, what shall be The next step = u
What shall the Stale do? Ny answer Is sini- e
Die. Il follows As a natural consequences from a
the positions I have already taken. She '
should az once sever her connection with those
who have coOspired to dsfraud her. II
But may be told that tbere may not be se-
tual fraud in ali the cases. and that possibly i
some ofihe successful bidders may not have
known there we're lower bidders | answer
this objection BY sayi ing, that when ooe deals
With special agent, it IS bis duty 10 aseertaia
the extent Of lhe agents authority, aud II be
does not, and the agsa: sKcssi b;s authority |
he raust abide the consequences. (smi.b's
Mere. Law. ?. iO7.
Public officers are regarded IN law. as spec
i.l agents. The reason IS. their powers are de.
fned in the Law which coniers them. and every
person dealing With them Is therefore suPpo-
sed 10 know as he certainly may know The ex-
tent Of those powers. lie deals with them.
therefore. as with special agent, at bis peril
On this point Judge Story says : This rule
ssems indespeu. ibls 10 order 10 guard the pub
lie against losses aud injuries arising from the
frauds or mistakes or rashBsss and indisere ton
Of the agents Of Government. And there IS
no hardship in requiring from private persons,
dealing with public officers, The duty Of inqui'
ring as to their real or apparent power and au
tbority 10 bind the Government Story on A
geHcy, p. 395
, Ny advice. then. is to make no more ap'
# preparations under these contracts. but refuse
: to recognize them as valid and binding on th'
State. But am told this will violate the con
A stitutional provision against impairing the Oh
; lgaton of The contracts, and that is repuda
10 lion. | cannot see the matter in that Light
N III have a contract with you, Mr.. Presiden
n. and the Legislature were to declare by Ia
,d that that contract should thereafter be void ar
N. of no effect, that would be interfering with
IA contract and the law would be void. Carryir
M out the theory of the iuyioIabilty Of contract
If islel that a charter is a contract Whl'
rs The legislature may hot interfere With. Bea
| ino t,is in mind, certain paper OF this CT
= sought to take certain Senators between vii
lch and water, threatening that if we intsrier
it. with these contracts, the Democracy Won
nv. try their hand at bank and railroad charte
he OF course no senator will be influenced by a
hy. consideration of fear, bu! could not but g
Bat mire the tact and craft of the editor, ne7ert
,m less in thus attempting to interfere with
our rightful course Of Legislation.
to When a State has received money or la
eth. from person under la" providing D
eth menl therefor. and repesls the law and re
ses to make payment, that is repudiatiOn'
ho rronose to do neither. We neither inter
,avo with contracts, in the constitutional sense
:. the term. nor do we repudiate. We prof
irec- to pay the contractors every cent they b
I'd earned. Not Gully so-we propose to pay
-, o,t every dollar they could make IT, on til
= the case, for which We make provision,
~: contracts shall be found to be OF a char
that would enlitle the contractors to relic
rt;oh AGAINST an individual Surely !he Stat
and her sovereign capacity. should have an
: tho right with the humblest citizen in It, to
SorId tect herself against fraud and lmposItIo
- au even errors and mistakes. If, 10 the ca
mi. Of nv contract with you, Mr.. Presi
b., | believe you have practiced fraud on n
,:e. procuring it. or are not faithfully perior
Al. IL 7 NAV refuse to perform on my part;
tiona am m's'sAeh I" '"'
in damages in such sums as jury may I
..,. AGAINST me. Aud this is lhe reputation
vhIcl so much clamor has been made.
zee to Again the note is changed. and we ar
onduct that this is a judicial question, and We a
Public suming judicial powers; and these word
Public iiupled through the streets and in the
( these chamber, till we almost imagine that :"
,ocates about to be arrested for contempt of TO
Ist the But we are no more exercising lud'c'ai
,rs for than in all cases where We are fequi
,ntract vote for or against an appropriation OF
,merce, IN all such cases we must determine TO
of the selves, whether person asking Tor an
nv nor priation is entitled tot or not, and it he
n that under contract. We must pass upon It's
Sc con- ity. It's respons bility cast upon us II
repair. necessity Of the case, and we cannot
oils to five would.
: to ask This differs from cases coming before
at these cry day, only in its magnitude and
,rest in lance and in the usual favor we pro
: to-day extend TO the parties Interested 0oo
n to her man who has nothing but his poverty
gniug a. honesty to enlist an interest in his beb
itb. oil SCENTS his claim for allowance. We
cation to it: if valid, We allow it; if not well
\ - Wa p,au huf the