The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-01-24

decisions come back Mr. President elementary and an
principles and to this the law must come must
snsue.
Ii these charters the rights and privileges therein conferred
gratues the part of the State to those corporations
am not capable understanding what grauy John Ran.
doph said There much that rstrae ought to be
Rep Feb l. 1925 Garands Life of Randolph vol 306 But
maintain Mr. President that these charters contracts the
Legislature had to make them peaab and eyocabe
The power amend and repeal coexensve with the
power Legislative bodies changeabe bodies and
neither impress finally and rrevocaby its views and policies
the body polite 1t would be subversye of fundamental right
do
What powers of the Legislature and for what they
hosen Sir to make laws and not to make contracts
protect the and promote its interest by just and Impartial
and not to sell aud give it away They may exercise the
their Judgment for the public good but they cannot aienae
limit destroy these Such authority not within the
letter. spirit scope of legislative The Legislature is
than the trustee of the people Under our In
suons the sovereign powers of government belong and re-
side in the people These neither be enlarged nor d
minshed BY the repositories of delegated authority II they
could be enlarged government might become absolute they
could be diminished abridged might be stripped OF the ar
bues Indispensable TO enable TO accomplish Tue purposes s
creation All the Of the Legislature are held in trust for
the good the people, The Legislature has fee simple title
to these powers or to any OF them; and suppose WIN not De
denied by anybody principle of law that before any person
body political corporate can convey an absolute ana perfect
yhing they first be invested with such title
familiar law that agent trustee perform only such acts as
he expressly authorised by his principal to perform such
necessarily implied from the Of the business and that
act done by him. beyond this not binding on his principal
There and there has BEEN any cypress authority
the constitution of this State for the Legislature TO make con-
tracts tc sell give away the sovereign power OF the State or
now been mpednecessariy impedn the con
In the very of things seems to
me, impossible imply authority governmental agents. to
diminish the governmental power that inherent the people
The power of the people is net dvsed by the institution OF g
tues but only delegated TO the latter and this delegation being
essentially revocab cannot possibly authorize an act hat would
complete revocation. Who bold enough 10 aDfrn
performed their necessary and appropriate duties without making
these called contracts And yet the OF the Legislature
thing entirely implications implication that
neceaat they could not have discharged their proper
functions unless they had made these pretended contracts un
changed and uachangeabt forever
1t Is said that Hastings of his
sci criticised severely and length metaphor in the match
saying 1T tho a time in his life he had ever heard OF
special pleading metaphor or bill OF Indictment against
uope." w
WELL it was a novelty but present greater novelty We
ensavedgrea States peaceab and according to the
forms law destroyed implication and may be SAID OF
that are the hrsteoPe In The history OF tne woru VINO
lost their liberties on an implication of law
President The to the power to contro tue con
duct of persons the and disposition of property and the
power appropriate private property to public USE are
naeanaJ soUegn of goueents and one or etner OF
them is as much so other They not the subject OF con
tracts sale Their value cannot be estimated In do
They above price, or rather when thy are
parted with blood is price that paid for them An act OF
the Legislature barter SELL these powers or
them is fraud the government and null and VOID one OF
them be disposed OF in this way so may the others e
may be sold to-day the power to punish
may be sold and the power pass laws o he
protection civil rights may be sold the next day II the legs
ave powers may be sold by the Legislature they may with equal
proprey put Executive and Judicial powers OF the govern
into market There no limit to the doctrine short oil an
naton OF copoators and monopoes nsteao
the republican form oil government guaranteed py Che cohs
tuition
The which the principle must inevitably lead proves
that the sale of any part sovereign power of government
utterly with the nature OF free institutions ana
totally with the objects and purposes OF our con
ton properly called free whose rights Oh
and to government solely dependent Legislative body
without any The provisions in the charters OF
be construed with reference to the powers
Of the Legislature that the privileges
exemptions therein granted shall be enjoyed until the oae
shall fit modify them, and no longer.
These President of the considerations tha IN
fuence They supported by authorities haS
command my respect and control judgment.
f. that have said, have but expressed the
Of profound venerable Judges and approved law writer's
Cooley uses this language: To say that the Legislature may
pass irrepaable say that alter the
from which authority, since IN 50 TAR Us
tue could bind subsequent by its enactmen "ouo' m
he same degree reduce the legislative powers of It's successors
and the process might repeated until one by one Tue
l. Legislation would be excluded altogether from tne ~
re the constitutional provision that the legsAsNe ss
vested in the two Houses would be to greater VI
onorad neHeualp Cooley Const, l26 zo4 ana
III Mr. Greeneaf in his edition oil OrulSe on rear
OF vol q D. ST. says In regard to he position 'na .S
1e franchise of ferry bridge turnpike railroad 49, IN S nature
that he State cannot interfere with by the creation
~ notb similar franchise tending materially 10 impair US
- Ia with great Difference submitted that an Important
h between those OF government wnicn are
attributes of sovereignty indispensable TO De Always pre-
the TO create revenue oI Puonc
ser'eu e for the common defence provide safe and
be ,ays for the public necessity ana anu 70
nriva property public and the Ike anu .uose po"
hic are not essential such the power to ALLEVIATE the
nds and other property the State and to make Oh
ice and aud sale or the ke foWrs VI Vne
., nor class s essential the constitution OF society," as wnout
m them no political community well exist ana necessity re-