Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-02-25

Te tks HoEse If Representatives. o. The
COsfsSerats Slasss Of A1rcrica
Having esHfaiIy considered the act entitled
g An act to prSvide for woUnd4a aud Disabled
iii sers, soldisTs and seamen, an asylum to be
called TIE Veteran SaldisTs' Home - I feel
constrained 70 return it, with ny objections, to
the House Of Representatives, in which Il orig
lnased The Object Of the act appeals most
strongly 70 tbs symasthies Of al; but in prO-
viding tho msins for Feetiny that object, il en-
acts proTlsiousi which. IN ms judgment sra IN
warranted BY the Constitution Without sf-
6rmiug that thsaet creates 8 perfect eoTporsfion,
there cs1 be n(t doHbt tina! it eonfeTs apou the
board Of managers Of the Institution which it
Is intended to ie1nd, corporate powers ard fran
chisss Of vel defined character which conssi
tute them what IS known as 3 quasi corporation
They are 70 oisen "a themselves into board,
By tue election If a President, treasurer, and
otseT necessary Cfdssrs; are to o0ntinus IN Of
ice until their Successors arc appointsd-shus
providing Tor communal succss5ions and they
are 10 be subject 10 the general approval and
direction Of ths Secretary Of Wsr-ibus conssi-
tGting the SserstGry Visitor, usual incident
OF slem0synarI coEporaiious-
They have ppEeF to make bylaws, or, az The
set expresses is The power to make all requisite
rules and regllsdons,,' for the govsrnms at Of
the institution; and they are 81 horzsd to rs-
the State These are sll ordinary and we'll known
c0rporSie franchises. Bat if any doubt could
exst as TO whether they are granted TO the board
IS a corporation or qnasi corporation OF oRlY
entrusted to hsm as indiYidusl trustees thst
doubt is removed by the second section Of the
act. That section provides that the treasurer
shall give band with security for the fss.hlul
discharge OF lis dutiss which bond shall he
payable to the raid board of managers and thelr
= = -
suit ia any 3 ate or COnfederste c. urt having
iarisdieti0n II csnnot be understood ihst this
bond is to b taken TO, aud sned upon by the
board Of managers, in thsir Individual cAps-
city, ss uaturR parsons. This is evident irom
two considerations:
Such power would be auperrogstory aud
useless, since, RS nstural persons, th already
had, by the common law, ample right 70 make
any contract slld take any bond or sec1rity, not
couirRveniBg tie policy Of the lsH.
, The right Of action on = bond payable to
the mRnsgers, IS individuals, womb. IN the
courts Of Jaw, remain Ia aud be under the con
tr I Of The manage after they had gone out of
ofice and ihs case Of the death Of sll Of stem,
would belong 10 The personal representative OF
the iast survivor; sad to prevent these iueon
venieuess, it is expressly provided that the bond
should be payable 70 and be sued on by, board
Of managers and their SUCCESSORS in Cffiee, -
which could OILY be accomplished by conssitu-
ting them, to tllst ex ent corporation.
From these considerations, il is spparenE thsl
the intent Of the act is 10 confer corporate pow
ers upon The blsrd Of mansgers; ard shat intent
is IL ny Judgment, beyond The powers sutFus-
.e5 20 Coz gresy By the Constitution. However
enlightened opinions may have differed under
tho Old Govern meBt, the whole history and the
ory Of the contest ia which VIC are engaqt d. sud
the express II recognition IN our Constitution Of
The sovereignty OF the States, pTeclads al idea
OF 50 widely extending by construction, the Eeld
of nolied powers That thege is no such DoweI
expressly granted need seagesly be remarked
Bat II this risU Of the intent and operation
Of the act be discarded IS Incorrect, then i can
be susceptihle Of but one other Interpretation.
Il provides for tho support and comfort OF soi-
diers and seamsn disabled IN he public service
s class in al countries regarded as the peculiar
objects of gOUTnusntsl bsneYolence The IN
siitusion qhci it founds is endowed, in part at
least, fron the funds Of the Government The
real esss' nee ssaTy fer the purpose of this act
IS 10 De leased or purchased by the Secretary Of
War, under ths approval Of the President, as the
prooeFsy of tie Government Officers in the
service aud par Of the Government are TO be as
signed for durlt 81 tbe asylum. It's whole mar
aesulent is to e subject TO the general direction
and control Of high cficer Of the Government
the Secretary Of War And the board Of
managers are lequTed to report 70 the secretary
10 be Communicated to Congress, st every Tegu-
or session ntAtament Of ihs condition Of the
Instifalion.
It is then, a Govenment institution, and is
officers are tficsrs OF the ConfodeTsss Ssases
but hey are lloi TO be appointed in any Of the
ways by WHICH alone such appointments can be
! eonsti.utienaliy made-neiihar by the Pfesi
dent with the advice and consent Of The S inats,
nor by he Pnsident alone, nor by the courts o.
law, noy by the head OF a department The
nsragers are lo be appointed By the governors
Of :he several s at.s, and they in turn are &C
appoint ihsiT president and treasurer, and 61
their salaries.
These TWO ate 10 my judgment the only IN
terpreistiens Of which the act IS suseeptib!ei
and, under either view, lis provisions are viola
i've OF the Constitution
JEFFERSON DAVIS.