Page:Harvard Law Review Volume 8.djvu/425

LEASE OF RAILROAD. 409 tive amendment requiring him, without due process of law, to give such security as his creditor could obtain for due cause shown in a judicial proceeding, would assume that any judgment which one branch of the government can render after trial, another branch can render without a trial ; that each branch can do what- ever can be done by either of the others; and that their prohib- ited union ^ has been effected in a triple form. If the State happened to be the creditor, this amendment would be both a commission issued by the creditor appointing himself judge of his own case, and a judgment rendered by him for the enforcement, not of his legal rights legally ascertained, but of his view of them. A reserved power of amendment that could thus alter a contract of the State, could confer upon any creditor the right of rendering summary judgment against his debtor without trial, and could authorize any debtor to enforce his view of his rights in the same manner. The supposed amendment of the partnership contract, accom- panied by a statutory regulation of the powers of partners under all partnership contracts subsequently made, would mark the dis- tinction between the legislative character of an Act that is general and prospective, and the non-legislative character of one that is special and retrospective. One is an effort to make a contract for E, F and G by altering their agreement, and to bind them by a partnership contract they have not made : the other requires no one to be a partner. All rights of property are not contractual ; and there are other rights besides those of property : but persons of contractual capa- city, who are under the necessity of making any purchase, sale, or other agreement, have no rights that cannot be taken from them by statute, if the Senate and House can reserve the non-legislative power of amending contracts. An Act providing that " All rights of property, liberty, and life of every person hereafter making any agreement, may be amended by the legislature," would complete the restoration of despotism. Governments established by agree- ment can be changed or abolished by agreement : but the govern- ment which the legislative, judicial, and executive servants of the State are sworn officially to support, is the limited one established in 1784, and not the unlimited one that was then abolished.^ 1 Ashuelot R. Co. v. Elliot, 58 N. H. 451, 452, 453. 2 Gould z'. Raymond, 59 N. H. 260, 272-275.