. ‘Philosophy’ should not be considered as an employment of the thinking faculty, which attempts to solve problems of its own, that are otherwise wholly unknown, by means and methods just as peculiar and otherwise unheard of; and which, therefore, makes its appearance as a kind of luxury superfluous to our real life.
The questions present themselves, Can Congress emit bills? Can it make them a legal tender? Can it make anything else a legal tender? In answer to the last of these questions, all agree that Congress can make coin a legal tender,—any coin. It is not restricted to its own coin; and it is not restricted to gold and silver. The power to do this is fairly, although not necessarily, implied in that of coining and regulating the value of coin.
The “trust,” as the word is here employed, meaning by it a combination of property, real or personal, with powers of management or absolute disposal, or of stock in corporations, in the hands of a few persons, is a perfectly new device in the law. There are as yet positively no reported cases in courts of last resort regulating or interpreting them; nor have any statutes been enacted bearing upon the subject.
PERHAPS the tradition in the elementary law of contracts most thoroughly grounded in the minds of law students is the general proposition that an agreement between A and B cannot be sued upon by C, even though C would be benefited by its performance. It always was, with Harvard law students at all events, an article of faith that rights founded on contract belong to the person who has stipulated for them; and that even the most express agreement of contracting parties would not confer any right of action on the contract upon one not a party thereto.
On the death of William Carey In 1834 Dr. Joshua Marshman promised to write the Life of his great colleague, with whom he had held almost daily converse since the beginning of the century, but he survived too short a time to begin the work. In 1836 the Rev. Eustace Carey anticipated him by issuing what is little better than a selection of mutilated letters and journals made at the request of the Committee of the Baptist Missionary Society. It contains one passage of value, however.
A spiritual order, like that of the Roman Catholic Church, which does not propagate itself in direct descendants, may, under the favour of the State, possess lands with subjects attached to them, and may constitute a spiritual corporation called the Church. To this corporation the laity may, for the salvation of their souls, bequeath or give lands which are to be the property of the Church. The Roman Clergy have thus in fact acquired possessions which have been legally transmitted from one age to another, and which have been formally confirmed by Papal Bulls. Now, can it be admitted that this relation of the clergy to the laity may be annulled by the supreme power of the secular State; and would not this amount to taking violently from them what was their own, as has been attempted, for example, by the unbelievers of the French Republic?