Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-02-24

OF Congress generally disseminated throughout the
iand. The disregard by the Courts Of the unlaw-
fnl Conditions attempted to be annexed to the dis.
charge allowed under subs titution, bad sufficiently
informed Congress in what sense people accustom.
60 to construe laws, received the privilege of subet
tn''on The recent act suhjecting ali principals,
whether their substitutes bs liable or not to militia.
~ service. insness an utter disregard Of the con.
hdence reposed BY the constituent in the represen
tative, and Of their common understanding of the
laws enacted blythe latter for their common obser
vance. 1t may be true, that all this does not prop
erly enter into the decision of the Court upon the
question whether there be . contract or not And
for that specific purpose forbear to urge it, not
because it is not connected with the idea of con.
!ract but because the contract is complete and ob-
hgatory without it 1t matters not in Law, wheth.
er the substitute took his place in the ranks through
love OF money or Of mere affection. But truly the
aeavy cost in most cases, Of procuring substitute
founded on the idea of exemption for three years
ought to have warned the government against Law.
ing rash hands on the principal and makes hesrtloss
faith:
Having shown that the substitution allowed bv
the act involves contract to discharge the princ
pal, for so long time as the principal owed his
own service it remains to inquire to whss extent
this contract is obligatory on the government,
Every valid contract vests in the parties actu.l
property or something of that value, by wh.tever
!: other name it may be called, right privilege or
:: purchase. 1t matters not whether they adhere
70 toe corpus ITSELF Of property, or attach to the
II person, position or employment of men, they are
:" al alike sacred objects of legal and constitutional
protection against public seizure, breach, impair
inent Or destruction. Thus if tho sovereign giant
land upon condition that the grantee shall be sub
)ect to pay annually 25 cents per acre for tax and
no more, all taxation beyond is illegal and breach
Of Of contract. New Jersey cs Wilson, Cr, 1854.
/, II borrow money upon promise not to tax the
security issued its bonds executed for that purpose
cannot be burthened with any revenue by it. with
out breach of contract
II banking or railroad corporation be created
with promise to the stockholder against all tax,
no imposition can he laid without impsirug the con-
J tract. State bank ss. Khoop, l6 How. $50, Wood.
rnff % Tapnall, 20 How. 100, State o. bank
cape Fear, IL. lredell Is, Attorney General .. g.
! bank Charlotte, 4 Ir. Eq 287.
If one is let into an office during good behaviour
he cannot be displaced at discretion to make way
tor another during the continuance, without the
| seizure being illegal and a breach of CONTRACT
h0ke c. Henderson 4 Dew. s. If the sovereign
grant the exclusive right Of fishing in a navisa6le
river or arm OF the Sea, it cannot extend tho right
OF hshlng in the same waters tn another without 4
; 6reach OF contract Town of Pawlet o. Clarke 9,
/ i .,
Ia" Is q contract repeal of that law cannot take
away vested rights under it Fletcher o. Peck, 6
Or. ST.
Every sovereign is moral being and may bind
himself within the sphere Of his powers TO tho same
extent as may private person within the scope of
his faculties; and each alike breaks his contract
when its complete fulilment is denied The obG-
CATION OF sovereign unlimited in power rests on
his honor. If he be limited in power and make
contract vestlng rights in the subject it rests with
the 1udscary to protect such right against his en-
croachment
Hsubstitu:ion be contract, the principal has
property in it as truly as in tract Of land granted
by the general government aHd that government
has no more right to violate the one than to seize
the other. That government is vested with the
power to di.poss of the public lands, is clear. Is
it not equally clear that it has no power to resGnd
la grant! "a grant implies q contract BY the
grant0r, not to re.assect tae title granted" Fletch
er Y. Peck, Cr. 81. We may say, in like manner,
that contract implies an agreement by the parties
not to reassert the right parted with by the con-
tract But the Confederate States government has
no sovereign right to break contract which it has
constitutional right to make 1t has no granted
power to violate any constitutional engagement it
may enter into 1t exists only by virtue Of powers
conferred on it. Its powers and its rights 20 hand
! in hand. If any nation may wiifully retract its
grant or volute Its contract with its Subjects
1t is because OF its unlimited powers and its being
beyond the pale of being questioned by any of its
tribunals: If the Parliament IF England have the
constitutional power to transfer the land of to B.
there is no such power IN any Confederate author,-
ty 1t cannot be found in the charter of its crea.
tion and if it should atemptit the wrongful tenant
could not avoid the question being presented to
court Such ~ould be the ease of any other tangi.
BILE thing which the government mi ght attempt to
hold by its agents. 1t is true that CONTRACT be.
tween the government and citizen, pot fully exc.
cuel, could not be enforced by suit aganst the g,v.
crnment unless by its own consent; as an agree.
ment to pay money. But in every instanceswherc
the courts can get jurisdiction they pass upon the
powers assumed In this case the body is unjastly
detained in violation Of valid contract which must
remain binding, till the government shall remove
its force There is but one way to remove its force
and that is to treat the contract as property It's
breach, if made necessary, is like taking for pub
lie use and it is assuredy protected under Confede
rate Constitution art, s, 9, IL, which declares
that no person shall be deprived Of life, liberty or
property without due process Of law, nor shall pri
vste property be taken for public use without Just
compensation" So much Of this provision as re-
lates to tho taking of private property for public
use, is found in the Constitutions of many of the
States, though not directly in ours Kent commenting
e vol. 39s-y) on this clause Of the Federal Con-
sti,uton and similar PROVISIONS Of the State Const
tutions says The Constitution of the United States
and most Of the States Of the Union, have imposed
a great and valuable check upon the exercise Of
legislative powers by declaring that private prop
ery should not be taken for public without just
compensation. A proviso for compensation is \ no
cessary attendant the due and eonstitutionaL ex.
ercise of the power of the law giver to deprive an
individual of his property without his consent. And
this principle in Amercan constitutional jurispru-
dence is founded on national equity and laid down
by jur,sts an Acknowledged principle Of universal
law" The learned and full note to the text fully
sustans it by authorities. Tho government is
bound in such cases 10 provide tribunal for the
assessment Of the compensation or indemnity, be-
claims on equal terms; and if the government pro.
ceed without ticking these steps, their officers and