The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-13
THE NEW ORLEANS DEMOCRAT, FR1DAY. JUNE "a, 1879.

ment were null. They treat them as acts
q Indivitduals and ,say that the Legislative
pleted That Ia utterly untenabe. 1t Ia
Ialse 10 law T., There Is no ground for it-none
On earth. therefore, there is 9 complete rati-
not loop-hole left through which to escape.
Sir, does 1t come with good grace from
1 this people, whose halleluiahs rent the wekin
when the Democratic party gained its victory.
from the hands OF the tsurper and thereby
hung out delusive stlares for the people to In
vest their money Id the State bonds-does 1t
come with good grace from them now to say
i that that act was done without authority
/ that these people who presumed to represent
| Louisiana were likewise t1surpers; that they
had no authority to speak for Louisiana
away with them, they were as bad as KEEL
logg1 What sort Of government do these
The broad seal Of the State is put
upon these bonds. Sir, to-day the majority
may say that these bonds were good; the next
convention may say that the delegates did
Of the people. You must take the govern
i ment as you find it. II you want to revolu-
tlon1ze the government you must do 1t with
pallets you cannot do 1t by other means. We
trled TO 1t by other means and failed When
| we succeeded by ballots, and when we proud
~ proclaimed this as our own govern
ment, where is the equity and faith when
you ignore o. that government and say that the
pheoPle 81 the State had no Representatives 10
shat government, and that their acts OF rati-
lication we're null2 Is all the equity on one
side In this matter?
Let THESE gentlemen recollect that we are
silttlHg 70 solemn judgment. II We have the
h .,aly, which dispute, we are sitting Ia
ludg1nenJ on our own case We present here
the Spectacle OF being judge, jury, and pretty
soon we Will be executioner. That is The sin
guar spectacle presented. There Ia no hear
ing for the outside party. We say that we,
will say you have got these bonds; that they
were issued In fraud Notwithstanding thfs
ratification; notwithstanding this pretense Of
authority, we have tested all these badges Of
validity, and we, the sovereign, say that you
Who ID to plead the case OF these peoples
Every man must have his day In court, and
although the public mind and the public heart
abhors the character OF him who, like Shyloek,
| stands upon his bond, yet we must do equity
as was done In the very case Of Bhylock. The
gentlemen must be careful that their equity
is not somebody else's injury. They must
give this case an impartial and just hearing
You are about to try this case IN foro con-
have this authority to invade these rights
without trial and without hearing. That
is the complexion 1t has to me. IL there is
nitny1thing ! abhor more r. than anything else
t i = ty rnnn5f Il there Is anything
the State, will say that we do not owe
this money. Why, sir, / have heard it
said that this State can dlsrobe herself
q Of h q. majestic robes and power, 60 down
trade, and enter into a bargain with man,
promises, and then. when pay day comes ps wrap
herself 10 these majestic robes Of State and
say ROYALTY pays what 1t pIeases. 1t is not
v(,1Jf lny tYnff ,l,te, Ern
does not choose to pay God knows that Id
human tribunals, where Judge and jury
are all in one. that tribunal has wonder
, fnl way 2 q. deciding the cases all for
Itself. That is human nature the
world over. We cannot help It. Human
nature Is born with 1t; it comes to us with our
paternity, with our birth; we cannot get rid
OF 1t. Therefore. 1t ID that We ought to
be careful and anxious how we approach this
ilty or the right whether this people can ab-
ilre their obligations. Now, Sir, there Is a
small case here that / want to read II
IS on very Important subject, and
pef ebp PARDON q the = for boring them
that we are Investigating. Let us see what
Judge Marshall says upon the question OF a
Legislature sitting in judgment upon It's own
case, On analogous case to that Of a constitu-
the acts Of that State which 1t assumes TO
represent. / quote the case OF Fletcher VS.
Peck
THE principle asserted is, that one Legisla-
lure Is competent to repeal any act which
former Legislature was competent to pass:
ana that one Legislature cannot abridge this
powers OF succeeding Legislature. The
correctness OF this principle, 30 far as re-
speets general legislation, can never be con-
troyerted. But, II an act be done under q
law, succeeding, Legislature cannot undo It.
The past cannot be recalled BY the most AL |
solute power. Conveyanees have been made
those conyeyanees have vested legal estates
and, If those estates may be seized BY the |
sovereign authority, still, that they original |
" vested ts a fact, and cannot cease to be q
THE validity Of this resembling act, then
might l well be doubted, were Georgia single
viewed as 9 single, unconnected, sovereign
power, on whose Legislature no other restrfe-
lions are imposed than may be- found In It's
own constitution; she is q part OF large en-
pre- she is member Of the American Union;
and that Union has constitution the su1
premacy OF which all acknowledge. and
which imposes limits to the legislatures of
me several States, which none claim right
Q pass. The constitution Of the United
states declares that no State shall pass any
1lli Of attaindsr, er post facto law, or law I'm
pairing the obligation Of contracts.
contract is compact between two or
more parties, and Is either executory or
Executed. An executory contract is one In
which party binds himself to do or not to do.
! particular thing; such was the law under
when the conveyance was made by the Gov
rnor.. contract executed is one In which
he object Of the contract is performed; and
his, says Blackstone, differs In nothing from
grant. The contract between Georgia and
ne purchasers was executed by the grant,
contract executed, as well as one which ID
zxecutory, contains obligations binding on
ne &c pa parties. A grant, In its own nature,
mounts to an extinguishment of the right Of
he grantor, and implies contract not to re-
.s that right A party IS. therefore,, al
When Chief Justice Marshall speaka there !,
very little use to add anything to what be :
avs. There Is the principle in a nutshell. :
here is the whole case laid out. / will ask J
nese gentlemen, was there q Witness ex- :
mined a y sworn Was there any judicial
llqulrV 10 the matter Of these bonds Look /
the different statements made upon this 9
oor. One gentleman will say four millions, =
no another six millions In the same BREATH +
1e are without precision; We are without q
nat judicial knowledge which would enable :
20 pass In court Of justice upon the merest G