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Page:United States Reports, Volume 2.djvu/326

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gte Casts ruled and adjudged in the

-9;. before the performance of them, the law was fufpended and

www then repealed. 2. It im airs the obligation of a eontrt&, and is therefore void. If ae property ro the lands in quellion hadbeen vell- ed in the State of Penrg/jlrnnhr, then the Legillature would have had the liberty and right of difpoling or granting them to whom they pleafed, at any time, and in any manner. Over pnblic pro- perty they have a difpoling and controlling power, over prirate property they have none, except, perhaps, incertain cafes, and thofc under reltriétions, and oetacept alfo, what may arife from th: euaément and operation neral laws ref in · ty, which will afeétthemfelvegc as well as theiiféioniiliihzlitii. But if the confirming aél be a contraft between the Legilla· ture of Puujloumlo and the Camu•i·7r2·ut fettlers, it mull be re- gulated by the rules and principles, which pervade and govern allcafcs of contraéts ; and if fo, it is clearly void, bccaufe it tends, in its operation and confequences, to defraud the Pum- _,@!1.·u::i4 claimants, who are third perfons, of their `ull: rights; rights afcertamed, protefled, and fecurell byithe éonltitution and known laws of the land. -'l`he plaintifs title to the landin qucllion, is legally derived from Pmrg/jlvaniu; how then, on the principles of eontra&, could _Pe:uyj·Iv•¤2 lawfully difpofe of it to another? As a contract, it could convey no right, without the owner’s confent; without that, it was fraudulent and void. ‘ I lhallclofe the difcourfe with a brief rccapitulation of its leading points- r. `1`he confirming afi: is uneonliitutional and void. It was _ invalid from the beginning, had no life or operation, and is pre- cifcly in the fame ilate,as if it had not been made. lf fo, the plaintifl"s title remains in full force.

. If the conlirming a& is conllitutional, thc conditions of

it have not been performed; and, therefore, the cliate conti- nues in the plaintilli 3. The confirming aft has been fufpended·-and _ ,4. Repealed. ` The rellilt is, that the plaintiff is, by law, entitled to recover the premifcs in quellion, and of courfe to your verdift. Vcrdift for thc Plaintilli"" The ' Vrit of Error was brought cn zbe judgment in this taxi, and S; mv: d;·;e::·1i:eg in the Supreme Court.