Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/272

 264 absurdity, mischief, or repugnancy, can be pretended in the present case. On the contrary, every reason of justice, convenience, and policy unite to prove the wisdom of embracing it in the prohibition. An impregnable barrier is thus thrown around all rights and franchises derived from the states, and solidity and inviolability are given to the literary, charitable, religious, and commercial institutions of the country.

§ 1390. It has also been made a question, whether a compact between two states, is within the scope of the prohibition. And this also has been decided in the affirmative. The terms, compact and contract, are synonymous; and, when propositions are offered by one state, and agreed to and accepted by another, they necessarily constitute a contract between them. There is no difference, in reason or in law, to distinguish between contracts made by a state with individuals, and contracts made between states. Each ought to be equally inviolable. Thus, where, upon the separation of Kentucky from Virginia, it was agreed by compact between them, that all private rights and interests in lands in Kentucky, derived from the laws of Virginia, should remain valid and secure under the laws of Kentucky, and :5hould be determined by the laws then existing in Virginia; it was held by the Supreme Court, that certain laws of Kentucky, (commonly called the occupying claimant laws,) which varied and restricted the rights and remedies of the owners of