Page:United States Reports, Volume 2.djvu/451

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his individual capacity contracted for all expences. [sic] He alone had the disposition of the public money. But since that time the supplies had  appropriated by Parliament to particular purposes, and now, whoever advances money for the public service trusts to the faith of Parliament. That according to the tenor of Lord Somers’s argument in the Bankers case, though a Petition of right would lie, yet it would probably produce no effect. No benefit was ever derived from it in the Bankers case; and Parliament was afterwards obliged to provide a particular fund for the payment of those debts. Whether, however, this alteration in the mode of distributing the supplies had made any difference in the law upon this subject, it was unnecessary to determine; at any rate, if there were a recovery against the crown, application must be made to Parliament, and it would come under the head of supplies for the year.” The motion was afterwards argued on the other ground (with which I have at present nothing to do) and rejected.

In the old authorities there does not appear any distinction between debts that might be contracted personally by the King, for his own private use, and such as he contracted in his political capacity for the service of the kingdom. As he had however then fixed and independent revenues, upon which depended the ordinary support of Government, as well as the expenditure for his own private occasions, probably no material distinction at that time existed, or could easily be made. A very important distinction may however perhaps now subsist between the two cases, for the reasons intimated by Lord Mansfield; since the whole support of Government depends now on Parliamentary provisions, and, except in the case of the civil list, those for the most part annual.

Thus, it appears, that in England even in case of a private debt contracted by the King, in his own person, there is no remedy but by petition, which must receive his express sanction, otherwise there can be no proceeding upon it. If the debt contracted be avowedly for the public uses of Government, it is at least doubtful whether that remedy will lie, and if it will, it remains afterwards in the power of Parliament to provide for it or not among the current supplies of the year.

Now let us consider the case of a debt due from a State. None can, I apprehend, be directly claimed but in the following instances.1st. In case of a contract with the Legislature itself.2d. In case of a contract with the Executive, or any other person, in consequence of an express authority from the Legislature.3d. In case of a contract with the Executive without any special authority. In the first and second cases, the contract is evidently made on the public faith alone. Every man must know that no suit can lie against a Legislative body. His only dependence