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
When a law is in its nature a contract, and absolute rights have vested
under that contract, a repeal of the law cannot divest those rights,
nor annihilate or impair a title acquired under the law. A grant is
a contract according to the meaning given to the word by jurists. A
grant is a contract executed, and a party is always estopped by his own
grant. A party cannot pronounce his own act or deed invalid, whatever
cause may be assigned for its invalidity, and though that party be
the legislature of a state. A grant amounts to an extinguishment of
the right of the grantor, and implies a contract not to reassert that
right. A grant from a state should be as much protected as a grant from
one individual to another; therefore, a state is as much inhibited
from impairing its own contracts, or a contract to which it is a
party, as it is from impairing the obligation of contracts between
two individuals. A grant once made by the ruling or competent power,
creates an indefeasible and irrevocable title. There is no authority
or principle which could support the doctrine that such a grant was
revocable in its own nature, and held only _durante bene placito_.
For no ruling power, be it kingly, legislative, or otherwise, can
repeal a law or grant creating a corporate body, or confirming to them
property already acquired under the faith of previous laws or edicts,
and by such repeal vest the property in others without the consent or
default of the corporators. Such a procedure would be repugnant to the
principles of natural justice. A society or order of religious people
holding property in common or _in solido_, may be considered in the
character of a private eleemosynary institution endowed with a capacity
to take property for objects unconnected with government: it receives
gifts or devises, and other private donations bestowed by individuals
on the faith of its perpetuity and usefulness--such a corporation not
being invested with any political power whatever, or partaking in
any degree in the administration of civil government. It is merely
an institution or private corporation for general charity. It is
established under a charter, which was a contract, to which the donors,
the trustees of the corporation, and the governing power were the
original parties, and it was granted for a valuable consideration--for
the security and disposition of the property necessary for the
existence of the community, order, or society.
Public-domain text, read in full here on John Shaqi.
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