here had been nothing in the Constitution of the United
States to justify the exercise of such a power. Justice Johnson, in a
separate opinion, said:

"I do not hesitate to declare that a state does not possess the power of
revoking its own grants. But I do it on a general principle, on the
reason and nature of things: a principle which will impose laws even on
the Deity....

"I have thrown out these ideas that I may have it distinctly understood
that my opinion on this point is not founded on the provision in the
Constitution of the United States, relative to laws impairing the
obligation of contracts."

It was contended in this case that the state of Georgia had the right to
revoke the grant on the ground that it was secured by corrupt means.
This argument evidently failed to appeal to the court. It was referred
to by Justice Johnson who said "as to the idea that the grants of a
legislature may be void because the legislature are corrupt, it appears
to me to be subject to insuperable difficulties.... The acts of the
supreme power of a country must be considered pure...."

It is interesting to observe that the Federalist judges in the early
years of our history under the Constitution did not deem it necessary to
find a constitutional ground for decisions of this sort. But with the
overthrow of the Federalist party and the progress of belief in popular
government, there is an evident disposition on the part of the court to
extend the protection of the Federal Constitution to all the powers
which it claimed the right to exercise. Thus in the Dartmouth College
case, decided in 1819, the United States Supreme Court appears to have
abandoned its earlier position and to have recognized the Constitution
as the source of its power to annul state laws.

"It is under the protection of the decision in the Dartmouth College
case," says Judge Cooley, "that the most enormous and threatening powers
in our country have been created; some of the great and wealthy
corporations actually having greater influence in the country at large,
and upon the legislation of the country than the states to which they
owe their corporate existence. Every privilege granted or right
conferred--no matter by what means or on what pretence--being made
inviolable by the Constitution, the government is frequently found
stripped of its authority in very important particulars, by unwise,
careless, or corrupt legislation; and a clause of the Federal
Const