No. 125. J 
5 
other agents, in making these sales, although I am wholly unable to 
discover any authority in the statute to bind the State that such 
agency should be continued a moment beyond the pleasure of the 
Legislature. 
A power to sell these books was conferred on the Governor and 
Secretary, but the Legislature might at any time revoke it. That 
being done the authority of their agents must necessarily cease. 
Derivitiva potestas non potest esse major primitiva. This would not 
affect sales already made ; and such would unquestionably be binding 
on the State. By a sale, title passes to the purchaser ; the contract is 
executed ; and all the books thus disposed of by the Governor and 
Secretary directly, or through their agents, have passed beyond legis- 
lative control. Nor does the act of 1844 assume to interfere with 
the volumes which had thus been disposed of ; they are expressly 
excluded, and none are to be distributed among the counties which 
were " otherwise appropriated or disposed of." (§3.) 
As the Governor and Secretary were only authorized by the act of 
1842, to make sales of these books when published^ and not to pro- 
vide for future saleSj their contract, whatever may be its terms, must 
be taken with this limitation, and to this extent and no further, is it 
obligatory on the State. 
The contract bears date on the 23d September, 1842, and makes 
certain booksellers agents for the sale of these volumes in Europe as 
well as within the United States. It does not purport to sell any 
books to these agents, but simply authorizes sales to be made by 
them. So far it is warranted by the act of 1842. But the contract 
further provides that although the State may retain such number of 
said volumes as may be deemed expedient for the purpose of distri- 
bution or otherwise," none shall be "/or sale while this contract con- 
tinues.^^ 
If this contract necessarily terminated, as I think it did, with the 
passage of the act of 1844, the clause which has been extracted, is 
harmless ; but if the contract is not thus limited, this particular provi- 
sion must be deemed invalid. I find no authority vested in the Go- 
vernor and Secretary, by which they could bind the State, by con- 
tract or otherwise not to sell these books in any manner which the 
Legislature might deem expedient. Such as had been sold under the 
act of 1842, were beyond the reach of the State ; but those which 
remained unsold were its property, and might be sold at any time and 
in any manner which legislative wisdom should direct. 
The acts of an agent within the scope of his authority are the acts 
of his principal ; but beyond this the principal is not bound. This 
is a familiar rule and it applies directly to this case ; the Governor 
and Secretary were authorized to sell these books, but they were not 
authorized to contract for the State that they should only be sold by 
particular agents, and on particular terms. 
That part of the agreement which assumes to shackle the State in 
this particular was unauthorized and consequently invalid. 
This disposes of the whole case although various other grounds 
might be suggested. 
