Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/331

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CH. III.]

NATURE OF THE CONSTITUTION.

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of the government in the hands of a single state, and enable it at will to defeat, or suspend the operation of the laws of the union, are too serious, not to require us to scrutinize with the utmost care and caution the principles, from which they flow, and by which they are attempted to be justified.

§ 323. The word "compact," like many other important words in our language, is susceptible of different shades of meaning, and may be used in different senses. It is sometimes used merely to express a deliberate and voluntary assent to any act or thing. Thus, it has been said by Dr. South, that "in the beginnings of speech, there was an implicit compact founded upon common consent, that such words, voices, or gestures, should be signs, whereby they would express their thoughts;"^[1] where, it is obvious, that nothing more is meant, than a mutual and settled appointment in the use of language. It is also used to express any agreement or contract between parties, by which they are bound, and incur legal obligations.^[2] Thus we say, that one person has entered into a compact with another, meaning, that the contracting parties have entered

quently, that, as the parties to it, they must themselves decide in the last resort such questions, as may he of sufficient magnitude to require their interposition." Id. p. 8, 9.

↑ Cited in Johnson's Dictionary, verb Compact. See Heinecc. Elem. Juris. Natur. L. 2, ch. 6, § 109 to 112.
↑ Pothier distinguishes between a contract and an agreement. An agreement, he says, is the consent of two or more persons to form some engagement, or to rescind, or modify an engagement already made. Duorum vel plurium in idem placitum consensus. Pand. Lib. 1, § 1. de Pactis. An agreement, by which two parties reciprocally promise and engage, or one of them singly promises and engages to the other, to give some particular thing, or to do or abstain from a particular act, is a contract; by which he means such an agreement, as gives a party the right legally to demand its performance. Pothier, Oblig. Part. 1, ch. I, § 1, art. 1, § 1. See 1 Black. Comm. 44, 45.

[2] Cited in Johnson's Dictionary, verb Compact. See Heinecc. Elem. Juris. Natur. L. 2, ch. 6, § 109 to 112.

[3] Pothier distinguishes between a contract and an agreement. An agreement, he says, is the consent of two or more persons to form some engagement, or to rescind, or modify an engagement already made. Duorum vel plurium in idem placitum consensus. Pand. Lib. 1, § 1. de Pactis. An agreement, by which two parties reciprocally promise and engage, or one of them singly promises and engages to the other, to give some particular thing, or to do or abstain from a particular act, is a contract; by which he means such an agreement, as gives a party the right legally to demand its performance. Pothier, Oblig. Part. 1, ch. I, § 1, art. 1, § 1. See 1 Black. Comm. 44, 45.

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