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Page:United States Reports, Volume 2.djvu/451

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Suraaus Covarof the Uvireddum. 44; his individual cape `i ·oootra&ed for all eapences. He alone t 9 . had theldifpofitioh o?rhe public money; But fince that time thefupplieshad appropriated by arliament to particular purpoks, and now, whoever advances money for the public ferviee trolls to the faithof Parliament. That according to the tenorof Lord sm¢rr’r argument in the Bankers cafe, though a Petition of right would lie,`yet itwould probably tproduce no elI'e{t..- No benefit wasever derived from it in e Bankers cafe ; and Parliament was afterwards obliged to provide a parti- eularifondfor the payment of thofe debts. -Whether, however, . alteration in the ismde p f dillributing fupplies had made any difctence in the E5.? upon fubjefl, it wah unnecelfary todetermine ; at any rate, Zif time were arecovery againfl: the crown, application mult he made toPprliament, and it would come under the headof fuppliea for the year." The motion was afterwards argued on the ground (vu ith which have at prefent nothing to do) andrejefted, _ In the old authoritiea there does not appear any diltinélion between debts that might be perfonally by the King, for his own private ufe,` and fqeh as he contra&ed‘ in his politi- cal capacity for the fervice of the kingdom. As he had bowe- ver then fixed and independent revenues, upon which depended ‘ the ordinary fupport of Government, as wellas the expenditure for his own private occaliona, probably no material diitinétion at that time exrltell, oroould Zealily be made. A very important dillcinétionanay hpwever perhapa now fubiilt between the two cafes, for. the reafons intimated by Lord Mqrtfeld ; linee the wbole`fupport·of Government; depends now on Parliamentary proviiions, and, except .in the cafe of thecivil lift, thofe for the molt..pai=t·a¤misil.." r F V . ‘ . Thus,-lrappearr, that in even in cafe of aprivate debt contra&ed·.by the King_ in his- own perfou. there is no remedy but by petition, which mult receive his exprefs fanétion, other- with there can he no proceeding upon it. If the debt contradi- ed be avowedly for the public ufes of Govemment, it is at leall: doubtful whether that remedy will lie, and if it will,.it remains afterward; in the power of l arliament to provide for it or not among the current fuppliea of the year. . — Now let na conlider the cafe o a debt due from a State. None can, I apprehend, be direéily claimed but in the following infiances. tit. In cafe of a conrraél: with the Legillature it- felf. . ad. In cafe of acontra€t with the Executive, or any other perfon, in confequence of an cxprcfs authority from the Legif- lature. gd. In cafe of a contract with the Executive without any fpecial authority. In the and_/éamd cafes, the contract is evidently made on the. public faith alone. Every man mull: lpnow that no fuit can lie again!} a_Legi{1:itive body. His only " ` ‘ dependence