The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and ScienceVarious
Religion
The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and Science
Various
Catholic Church -- Periodicals
Her wish was that Mr. Schöninger might believe that sacrifice was a
divine revelation, not a heathenish custom.
"That is all he needs from me," she thought. "I trust him. If he has
that to begin with, he will himself ask God for the rest."
ITALIAN CONFISCATION LAWS.
REVIEWED FROM AN AMERICAN STAND-POINT.
BY A LAWYER.
"No state shall pass any _ex post facto_ law, or law impairing the
obligation of contracts."[2]
This is indeed a moral law, and has been recognized as such by all
civilized nations.
Justice Curtis, in his _Life of Webster_ (vol. i., chap. 7, p. 165)
thus notices the decision in the Supreme Court which first gave the
scope and meaning of this clause in regard to charters of private
corporations:
"The framers of the Constitution of the United States, moved
chiefly by the mischiefs created by the preceding legislation of
the states, which had made serious encroachments on the rights of
property, inserted a clause in that instrument which declared that
'no state shall pass any _ex post facto_ law, or law impairing
the obligation of contracts.' The first branch of this clause
had always been understood to relate to criminal legislation,
the second to legislation affecting civil rights. But before the
case of Dartmouth College v. Woodward occurred, there had been
no judicial decisions respecting the meaning and scope of the
restraint in regard to contracts, excepting that it had more than
once been determined by the Supreme Court of the United States
that a grant of lands made by a state is a contract within the
protection of this provision, and is, therefore, irrevocable.
The decisions, however, could go but little way toward the
solution of the questions involved in the case of the college.
They did, indeed, establish the principle that contracts of
the state itself are beyond the reach of subsequent legislation
equally with contracts between individuals, and that there are
grants of a state that are contracts. But this college stood upon
a charter granted by the crown of England before the American
Revolution. Was the state of New Hampshire--a sovereign in all
respects after the Revolution, and remaining one after the federal
constitution, excepting in those respects in which it had subjected
its sovereignty to the restraints of that instrument--bound by
the contracts of the English crown? Is the grant of a charter of
incorporation a contract between the sovereign power and those
on whom the charter is bestowed? If an act of incorporation is a
contract, is it so in any case but that of a private corporation?
Was this college, which was an institution of learning, established
for the promotion of education, a private corporation, or was it
one of those instruments of government which are at all times
under the control and subject to the direction of the legislative
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