The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-09-23
The Contract.

To Let our readers see how the ie9al aol'i-
,;e. !, the writers for the MALONE organ
outsbine those OF the so-ca'led "Funders
o, Virginia, we reproduce from that organ
the following extracts from an opinion OF
Cbief.Jus.ice TANEY's, which extracts one
0, those very intelligent writers processes
TO think show that one Legislature cannon
make a pecuniary contract binding upon
future Legislature. The first extract Is as
fellows:
In the language OF C. j. fancy no Howl
WThe powers of sovereignty, conhded 10
Tho LEGISLATIVE body of State are undouDt-
edIv q trnst committed to them, to be exc
euted to the best Of their Judgment Tor Tue
nnhl;c good: and no one Legislature can, oy
their own act, disarm their successors OF
any or the powers or rights OF sovereignty
confided by the people TO the leglslatiVe
hody. unless they are authorized TO 40 so
by the Constitution under when tney arc
elected" ;.
No "Funder" denies any statement when
is contained in that extract. Every lawyer
| knows that "no one Legislature can by
their own act disarm their successors OF any
one OF the po,eers or rights OF soFA-
REIGNTY." That is all that the extract
saws. But be it remembered, that making q
| pecuniary contract is not exercising one OF
g the powers or rights Of sovereignty"
Anv sane man can make such contract.
So can any railroad company, toint-stock
company, or other corporation. Ine ou-
preme Court OF the United States met TINS
very point when in the case OF murray o.
The City of Charleston it said:
estates, when they borrow money ana
contract to pay it back with interest, 90 TO-
net as souereignS. They come down TO tne
jeyel of ordinary individuals. Liner con-
tracts have the same meaning as thatot SIM
liar contracts between private parties"
The answer is complete. 1t meets the
very point and uses the very word "soVe-
reign" Nothing more is necessary.to De
said; yet we will give one more extract
from the same opinion:
ono Government can have the right TO
endapeer the life of q nation it represents
nv contracting that it will not exercise the
mowers contided to it. For a proposition
so obviously true it Can hardly be necessary
to cite authority; but the authorities are
ample to show that in less important matters
than that OF military defence Legislative
body cannot part with its powers by any
proceeding so as not to be able TO continue
the exercise Of them,' and If any attemrC
be made to do so the act is null and Vold;
"It can and should exercise them again ana
again, as often as the public interests re-
uuire." cit cannot abridge its own leSis-
lative power By making permanent and lr-
repealable contracts in reference to matters
Of public interest"
This extract, being from the same opinion,
is to be read as a part Of that opinion. The
same sort of qualifying words are here en-
ployed. This extract, like the other, con-
tains no assertion that a Fuuder does not
endorse. No Legislature can divest itself
OF its sovereign powers-not even Congress.
No Legislature can make irrepealable con-
tracts " II, reference 10 matters Of pubtlc IN
terest"; but it can make irrepealable con-
tracts in reference to money. " States when
they borrow money" "come down to the
level of ordinary individuals" They can't
plead privilege. So said the Supreme Court
OF the United States last year-not twenty
wears ago and that decision is the law OF
the land. But we bave already given too
much space to a point that is no point-to
an argument that is no argument.