The sun., 1873-04-22

criminal offence would work no practical bene-
at, owing TO the thousand ways In which detec-
tion could be eudcd.
In discussing the necessity OF making all
fraudulent acts of the Legislature void Mr..
Black, we think, misapprehcnds the decision of
the United states supreme Court in the case of
Fletcher act. Peck. lie says the doctrine that "a
legislative grant is sacred and inviOlable, no
matter how clearly you can prove II was obtain
ed by fraud, deception or bribery was estnb.
lishcd in that case in the year 1910 Georgia. I'm
1875, had granted a large tract of land to one
Gum and two associates by letters patent. Part
Of this land, after passing through the hands of
three other successive grantees, was cu.vtyed
In lsOO to Peck, who sold il ~ Fletcher three
years afterward.
chief Justice Marshall in delivering the opin-
ion of the Court said
How far court Of Justice would in
any case he competent to vacnte con
tract thus formed, or annul rights acquired
under that contract, IN thid YCreOiiS Idtttg no
nS,ice oi The mproner mems mems hy whrn IT i1 Wa
approach with much clrcumspecton. This
solemn question cannot be brought thus col
would he indecent IN the extreme. upon n pri-
vate contract, between two individuals, to enter
into an inquiry respecting the corruption Of the
sovereign power OF state. court. sitting as
n court of law cannot sustain q suit brought hy
one individual against another founded on th"
allegation that the act l. "A nuity in cuusc-
uucncc ~ the impure motives which Influenced
certain members Of the Legislature which passed
the law. Court Of Cranccry. whatever might
grantees, would have teen bound 10y ts own
To- leave c'G nnmocstcd those wh" were p1rChasors
without notice, for valuable cons ideration.
As far as we can sec, this decision merel, looks
to the protection of innocent third parties.
The proposition To "prcscribc certain forms
Of proceeding which Will insure dclberation
ia.
Of the minor frauds more difficult to commit.
"Eut,' as MIR Black says, they will not throw
airy serious impediment in the way Of injurious
legislation to which majority Of the members
can he induced tu consent. The most niqul-
tous laws we are cursed with have been passed
without resort to the tricks which these forms
are intended TO prevent"
The only really efrectua measure Il the first of
those spoken of 10y Mr.. Black, ITO confne the
power Of the Legislature within limits as mar
row Us possible consistently with proper regu-
lation Of our affairs" Mr. Black does not how
ever think this very practicable. for he remarks !:
after limiting the power of the Legislature
a. much n you can, you can scarcely diminish
II in any perceptible degree"
The task is dificult indeed to find out any
method by which to reform a body So debased
with moral sense so degraded. The publication
must be thorough. The mass Of the people must
refuse to elect such wretchcs any longer to Office
One Of the greatest writers ON the Science Of
Law has said "The best Of moral securities
would arise from wide diffusion, through the
mass of the subjects, Of the soundest political
science which the lights Of the sEe could srord.
The best of religious securities would arise from
worthy opinions, hell by rulers aud subjects,
concerning the nature of the duties which the
good aud wise Monarch lays upon earthly SOW
ercigns.'