New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-03


the pleasure, caprice, vanity or power OF Others 1910
The provision OF the Constitution prohibiting egsa,
ton by States mpalrng the obligation OF contracts had
its origin In the existence OF tender laws appralseeht
laws, stay laws and nstalment laws passed by the
States soon after the Revolution, when their finances
were embarrassed and their people were overwhemed
with debts These laws, according to story prOstraed
all private credit and all private MORALS and led to the
adoption OF the prohibition mentioned by which such
legislation was forever prevented But in its construc
ton the provision has not been limited To mere CONNER
cal contracts In the Dartmouth College case u WIS
contemplated by the Constitution because no valuable
consideration passed 10 the King M an equivalent Tor
the grant. and that contracts merely voluntary we're
not within the prohibition But ChefJustce Marshall,
after showing that the charter was contract upon
valuable consideration, sad IL Is more than posslOe
that the preservation OF rights or this description was
not particularly in view OF the trainers OF the Const,
ton when the clause under consideration was Introduced
into that instrument IL Ia probable that nerfereces
OF more frequent recurrence, To which the temptation
stronger and OF which the mischief was more K
tcnsve constituted the great motive for imposing TINS
restriction on the srate Legislatures. But although
particular and rare case may not In Itself be OF sumo
cent magnitude to induce uleyet IL must be governed
by the rule when established unless some PLAIN ana
strong reason for excluding 1t can be given; anu
again: "The being within the words OF the rule
must be within Its operation likewise, unless there 10
something In the literal construction so Obviously
absurd or misChcvOus. or replgnant 10 the geherai
spirit OF the Instrument az TO justify those VINO ex
pound the Constitution IN making III an exception Va
Wheat 6l4.)
Following that authority, we cannot adopt the narrow
view for which counsel contend ana nmt the hppica
ton of the prohibition of the Fourteenth Amendment to
legislation touching members OF the enIanchsed race
IL has much broader operation III noe not %
place any liut upon the subjects in reference TO winch
the states lcgislae. III does not interfere WIN
their police power: Upon every matter upon Wilt
previously 10 its adoption. they could act, they may
stl act They can esSaIe now, as iney aiWtS cUn
To promote the health GOOD order ana peace OF te com
munity, to develop their resources, increase iheit
does reulre that in all such legislation hostile
and partial discrimination against any class or per,on
shall Ice avoided that the states shall Impose no greater
burdens upon anyone than upon the rnnt Oh Tue NJ
muuity under like circumstances nor DEPRIVE any one Oh
rights which Others similarly situated are allowed to en-
loy II iorbds the state to lay its hand pre heavily
upon than Upon another, under ke cohuiiiohS. II
stands In the Constitution perpetual shield against
all unequal and partial legislation by the stae5 l'u le
injustice which follow. from IL, whether directed against
tie most humble the most powerful: against the dc
spi.cd aboIer from China or the proud master Oh
millions.
RESTRAINTS on THE GENERAL GOVERNMENT AND
ON THE STATES.
The abortion Of the Federal Constitution met a. all
know, vita most determined opposition rom Grse
class who believed that the exercise OF the powers dele
gated 60 the General Government would cripple ana en-
barss tie adniu' triil0h o, local aHur' ny lilo les'
The dread Of central Atiun Disturbed the MINDS OF some
Oh In' pun. tui -, ,i ,,li ~ tb T,, itptinu
feeling continued t'rt iHr adoption Oh lc 'oiI 5,'ui
AMI finally i.d % The iir,t ten amendments Ihc poPu,
security to The pcoplc and the special objects OF
attachment They caiuscd under the STATE AWs pro
business. They .clt u natural dstrust OF "a power
welded by officer not selected by themselves, Ihgy
In, eucroaclcd upon II not destroyed. 80 the amend
mcnts proposed contained limitations upon the powers
but adopted In order I'D prevent mSconcepu0n or
abuse OF the powers OF the General Government Ihey
should he abridged such rs the free exercise OF
religion, the freedom of speech and OF the pres; tnat
right OF the people TO be secure, I'm their persons houhc
papers and effects, against unreasonable searches ana
seizures that certain securities against wanl0n prose
cut.0n for public oNcnces should NOT ne WlthdIdWh
that person should be held to answer Tor
felony. except upon the prcsentment or an indictment
OF zraud jury; that in all prosecutions the accused
should have the benefit OF speedy trials should be IN
should be confronted with the witnesses against HIM
should have compulsory process FOR oDtag witnesses
81 q a4f
t,,c 70 lrny or di.paraee others retained by the
people; and tnat the powers not delegated 10 the United
States by the Constitution. nor prohibited by II to the
States. were reserved To the states rrspcctFe or 10
thn people These were all restraints upon the General
Government Had the population OF the United states
continued rs sparse IA whcn Tue CONSTITUTION "oa ioInsu
SIItts hau 'p 70 The C,n.tuton yu noe have
been demanded. But the immense Development OF rae
resources Of the country the great Increase or pOpua
ton the constant intercourse between the sttcs By
seamboa, railway and telegraph changed the business
commercial relations or TIE states I" cach otuer ana
led the people of one portion 10 seek closer union ana
desire greater authority 10 be exercised by the cen
trai Governm' nj whilst the peculiar o. ld
uhcr section uht tue uitt' " ,ts t''9 ucl'I"Pu
lei people 10 desire 10 limit rather than To- strcngncn
tie ntral authority; pm Ienccs OF opinion u MAJ 81 ;
al mt mai policy aud th' e5ttahGcmeht eng hdeIeu "
controversies growing out az the existence OF slavery III
hcn then saw that danger was TO bc Hpprehehdcd
IN direction opposite 10 tAai WMSn led 10
lao power aud ion ~ the states were therefore
su--cst,d. aud 10 impose them aud TO abolish
o.
auri dnlrntsthe Thirteenth, Fourteenth aud Fifteenth
were adopted "Whe there OIe" 10 quote the language
o we i art amendnrnis were Tor the purpoe OF
Keeping the central power wnin limits, at ume when
pc sons the last adopted to impose new restraints
STATE sovereignty ut time when state powers had
or these amendments, 10 may he safely affirmed that the
nrt from the Union no power ought ever TO
states the surrender Of no power which any Tree gov
crnmeut should ever employ" Itwould be, therefore:
At no LAT
TO any OF thcIn should ave the narrow construction
for which counsel contend
Pirate Corporations Jormed under NE general Ldcs Of
Cd.Dorrtd consist OF 0ggIfgduonS v 49, ,
day % such corporations ne S4"aa JroI.gm ms adS
iHg such corporations
Private corporations s true artificial persons but
win the exception OF cole corporation win when We
not concerned, ihey cOusls OF agRregaons Oh uu
yduals united for some lcgl innate business IN TINS 5aie
th,y formed under general lnw1 ana the Cly CoIe
provides that they may oe formed Tor any purpose TOT
which ndiyd may lawfully associate thrnsclVes.'
Amy i've or more pcrsons may oy Vontndy assoGaon ~
form Themselves INTO corporation anu rs 60, VI
fact nearly all enterprises In ths state requiring LOT
undertaken by corporations. They engage In com.
mercc they build and sail ships they
they construct houses; they brlng the produces
earth and to market they grade our streets; dig
work mines they carry into cities; they build
railroads aud cross mountains and deserts with them
they set up manu- acOres ana keep the spindle ana
shut lie in motion; they establish banks for savings;
tn insure against Acclenl On Vh's bNO
policies ON NE they make the money exchanges oi the
world they pub lsn newspapers aud books ana SEND
NJ Wa lightning the continent ana under the
ocean. Indeed there IN nothing which Ia lawful TO be
zone 10 feed and cotho people, to beautlfy and
adOrn their dwellings TO relieve tne sick, 10 help the
needy and enrich aud ennOble Humanity, which IL
not TO n great extent done through the instru-
inentaities OF corporations. There over dive hun
bred corporations this state there are thirty thou:
sand the United states, and the aggregate value OF
their property "a several thousand millions, 10 would
be most singular rcsult, II constitutional provision
intended OF person against par
thai discriminating legislation by the States should
oexert such protection the moment the person De
comes "a member OF "A corporation. We cannot nccep
any such conclusion On tho contrary. we mink tnat IL
is well established by numerous adiudcatOns or the
Supreme Court OF United States and or the several
States whenever provision OF the Constitution
or Of law guarantees TO persons the enjoyment or
property or them means for its protection or
prohbiis legislation affecting IT, the benefits or the pro,
yiOn extend corporations and that the Courts VIII
always OOk beyond the OF the artificial being TO
the individuals wnoni 10 represents
CELEBRATIONS OF THE DOCTRINE.