The Obligation of Contracts Clause of the United States ConstitutionJohns Hopkins Press, 1919 - 122 páginas |
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applied argued argument authority Bank Blackstone Blackstone's borough Charles River Bridge Chief Justice civil law common law compact consideration considered Constitution construed contracts clause Convention conveyance corporate franchises counsel Crown Dartmouth College decision declared doctrine duty effect eleemosynary eminent domain enforce ex post facto existence fact federal courts Fletcher franchises gation gift grant of corporate grantor Hampshire Ibid impairing the obligation incorporation institutions interfere Jurisprudence jurists king land law of nature legal right legislative legislature Markby Marshall matter ment natural law obli obligation of contracts obligatory contract omnipotent opinion Parliament parties passed Peck person political porations positive law principles of natural private contracts private corporations privileges public corporations Pufendorf question reason referred regarded repeal Roman law Royal African Company rules says Shirley sovereign statute Supreme Court term theory thing tion tracts trustees United States Constitution usucapio vate Washington Webster writers
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Página 25 - The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.
Página 112 - Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation.
Página 69 - This is plainly a contract to which the donors, the trustees, and the crown, (to whose rights and obligations New Hampshire succeeds,) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is, then, a contract within the letter of the constitution, and within its spirit also...
Página 49 - The sound and true rule is, that if the contract, when made, was valid by the laws of the State as then expounded by all departments of the government, and administered in its courts of justice, its validity and obligation cannot be impaired by any subsequent action of legislation, or decision of its courts altering the construction of the law.
Página 90 - A private corporation," say the court, " created by the legislature, may lose its franchises by a misuser or a nonuser of them ; and they may be resumed by the government under a judicial judgment upon a quo warranto to ascertain and enforce the forfeiture. This is the common law of the land, and is a tacit condition annexed to the creation of every such corporation.
Página 87 - Why, to parliament to be sure; to parliament, from whom their trust was derived ; to parliament, which alone is capable of comprehending the magnitude of its object, and its abuse; and alone capable of an effectual legislative remedy. The very charter, which is held out to exclude parliament from correcting malversation with regard to the high trust vested in the company, is the very thing which at once gives a title and imposes a duty on -us to interfere with effect, wherever power and authority...
Página 68 - If the Act of Incorporation be a grant of political power, if it create a civil institution to be employed in the administration of the government, or if the funds of the college be public property, or if the State of New Hampshire, as a government, be alone interested in its transactions, the subject is one in which the legislature of the State may act according to its own judgment...
Página 81 - I, AB, do declare, that it is not lawful, upon any pretence whatsoever, to take arms against the king : and that I do abhor that traitorous position of taking arms by his authority against his person, or against those that are commissioned by him...
Página 113 - No state shall coin money, nor emit bills of credit, nor make any thing but gold or silver coin a tender in payment of debts...
Página 70 - It is too clear to require the support of argument that all contracts and rights respecting property remained unchanged by the Revolution. The obligations, then, which were created by the charter to Dartmouth College were the same in the new that they had been in the old government.