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Page:United States Reports, Volume 2.djvu/452

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yo Gases ruled and adjudged int-ha yygg. dependence therefore can be, that thc Legillature on principles,

 of public duty, willmake a proviiion l'or.the·execution of their.

` own contraéts, andif that fails, whatever reproach theLegiila·_ ture may incur, the cafe is certainly without remedy in any oi the Courts of the State. 1: neverwas pretended, even inthe cafe of the crown in England, that if any contra& wat made. with Parliament, or with the crown by virtue of an authori _ from Parliament, that a to the crown would in [ug cafe lie. In the third colic, a oontraék with the Glwemoeof a. State without any fpecial · This cafeis entirely diderene from fuch a control]: made-withthoctown in. Elglelhda The crown there has very high prerogatiyes, ih many inltances is a kind of trultee {br the public intercll, .in.all._ cafes, reprefenta the fovercignty of the Kingdom, aud ir tbrordy authority eolnklr can ju ar lvjud in any manner on the Kingdom ia any Gurn py yryicz. A Governor of a Stateis a inere Executive oliiccr; is general authority very narrowly .limi.ted by- the Conllitution of the State ; with no undefined or difputahle. prerogatives; without power to elieél one {billing o£ public money, butaai » he is_authcnfed.uoder.tl1e Cnnilitution, or by a particular law ;. · having noicolocr to reprefent the fovereignty oil the State, {ciao to hind it inany manner to its prejudice, unlefs fpecially aurho. rifed thereto. l Andtherefore all who contraélg with him do is m1t¤ar.¤w¤·pru, and are bound to [ee (or take the: confeq quence of their own indifcretion.) that ~ he has itri& authority, for any contrafla he makcs._ Of conrfe Inch »oontra&_ when fo authorifedi will come within the defcription. I_mentiqned»of,cal`es where puhlicfairh alone is the-ground of relicf;_ arid- the Le- gillativebodyjhc only one that can afford a {remedy, which from the very nature of it mult be the elfeéhof its diikretion, and not.o£ anytcompulfory procei`;. if: howeqer any fuch cal`es_ were limilar to thofe which would entitle a party to. relief by petitionatplthe King in. England, that. Petition being only pre4_ 1Emtable`to_ `him as he is the fovereign. of the Kingdom, fo far as analogy is to take place, {uch Petition. in a State could on, ly be prefented to the foveréign power, which fnrely the G0, vernor is not. ` 'llhc only.conil.itutedinurhority.to.wbich fuch an, application could with any propriety be made, mul}. undoubted, ly" beth: Legillature, whole exprel`s.confent, upon the.princi· ple of analogy, would be nccellittyto any further proceeding. So that this Brings us (though by a di.ll`rrent.route) to the fame goal ;· dh: dyrrctiou oudgood faith of they Lagylatiw hd). There is no other part oi the common law, bclides that which l hive conlidered, which canby any perlbn he pretended in any manner to apply to this cafe, but that which 'conccrns_ corporations; The applicability of this, the Attorney»General·, with grcatcandour, has cxprubly waved. But as it may bc ‘ ‘ ‘ ¤s:;¤dt