The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1857-04-02

anu leJ lhe parties seek 6uCn remedy
as their eminent legal counsel, already
employed and in the field, could de-
wise. But here we are met with the
horrible cry Of Repudiationl The dis
tingulshed Senator from Franklin sounds
the alarm, and proclaims that this course
will disgrace the State and impair its
credit. I'm this he reminds me Of an
anecdoto 1 have heard related, Of a
Dutchman, who had erected in his
yard, a soarccrow, in the shape Of a man,
10 frighten the boys at night One
night the Dutchman came home some
what too full Of the 90 be joyful and
staggered up against this man scare
crow; the consequence was, that he fell
over fiat upon his back, and commenced
crying with all his might "murder
murder! that man is killing me; O, take
him away quick" His good woman ran
out in great haste to his relief, and soon
discovered the cause. "Why, says she,
Mike that is nothing but dat man
scarecrOw you did make dar yourself to
scare de boys away" OF course the
Dutchman was soon quieted when he
found that the awful man was of his
own creation, and though horrible in ap-
pearanCe, was quite harmless in fact
The Senator from Franklin some years
ago, got up a scarecrow on the subject
of the inviolability Of contracts for the
purpose of frightening the Locofocos
from the Banks, and gave it the horrible
name of Reputation; and now he is
found butting himself against it in a
case having no parallel to repeating
charters. This cry Of Reputation may
frighten gentlemen who are troubled
with weak backs and trembling knees,
but it has no terrors for me- Under
some circumstances, reputation is not
only harmless, but quite necessary and
useful. There arc many things which
ought to be repudiated, and think
these contracts are of that class. 1t is
but doing on behalf of the State, what
every individual has a right to do for
himself that is, refuse to perform a
contract obtained from him by fraud,
or by an agent acting beyond his pow
er Of attorney There is, however, this
difference; The State is not so much
like a man capable of contracting for
himself, but more like a minor, who
can only contract through a guardian.
1t is a well-established rule, that the
contracts made by guardians, in be-
! half Of their wards, are void, unless in
strict conformity to the law; and that
all persons, contracting with guardians,
are bound to see that the law has
been strictly conformed with. This
rule applies, with equal strictness, to
public agents Judge Story, whose au-
thority no one will call in question, in
his work on Agency, after discussing
the liability of individuals for the acts
Of their agents, wherein he lays down
the rule which Senators on the other
side Of the question have cited as ap-
pIicable to this case, says: But in
cases Of public agents, the govern
ment or other public authority, is not
bound, unless it mauifcstly appears
that the agent is acting within the
scope of his authority" "Indeed,
says Judge Story, this rule seems in
dispensable, in order to guard the pub
lie against losses and injuries arising
from the fraud or mistake, or rash
ness and indiscretion of their agents.
The same doctrine was held by the Uni
ted States Court in the case Of Lee
VS., Monroe & Thornton, Z Cranch's Re-
ports. The Judge who delivered the
opinion says: "It is better that an in
diyidual should now and then suffer
by such mistakes, than to introduce a
rule, against the abuse Of which, by
improper collisions, itwould be very diff
fcult for the public to protect itself"
These authorities are directly to the
point These contracts were let with
out the notice required by law. They
were not let to the lowest bidders. Two
of them were not let on bids put in ac-
cording to law, but by a private ar
rangement between the contractors and
the Board. All Of them are fraudulent.
Therefore, the State is not bound by
these contracts. The Legislature, as the
representative of the State throughwhich
| alone the State can act upon these con-
tracts, is not bound by them There
can be no obligation upon the Legisla-
| ture to appropriate money upon con-
tracts which they believe to be illegal,
fraudulent and void and for one, I new
er will vote a dollar Of money on such
contracts 1t is, to my mind, worse
than idle to talk about assuming judi
cial powers insuch cases as this. If you
call refusing to appropriate money to
carry out fraud and peculation, because
I the agents of the State have made such
| illegal and fraudulent contracts, assum-
ing judicial powers, then L am prepared
to assume such powers, or any other
power you may choose to call it, The
| Constitution vests in the General As
sembly the control Of the people % treas
ury, No money can be lawfully paid
out without its assent No citizen can
sue the State without a special act for
that purpose Why all these guards
thrown around the public treasury
Why not let every citizen who thinks
himself aggrieved by the State, or has a
claim against it, sue the State without
the assent of the General Assembly,
This power was reserved to the General
Assembly for tho very purpose Of pro-
tecting the Treasury from being plum
dered by just such fraudulent designs
upon it as the one here revealed to us,
Can we exercise no judgment no dis
cretion in making appropriations in
such cases2 Are we, indeed, bound
hand and foot, to the car Of the Board