Chap. VI.]

OBSERVANCE OF CONTRACTS.

223

entirely at war with the public interests. The confidence ofpublic officers may thereby not only be abused and perverted tothe worst purposes, but mischievous combinations may be formedto the injury of the public, and persons introduced into thepublic offices, or retained in them, who are utterly unqualifiedto discharge the proper functions of their stations. Such con-tracts are justly deemed contracts of moral turpitude ; and arecalculated to betray the public interests into the hands of theweak, the selfish, the cunning, and the profligate. They are,therefore, held utterly void, as contrary to the soundest publicpolicy; and, indeed, as a constructive fraud upon the govern-ment. They are against the spirit of the constitution of a freecountry, whose offices ought to be filled by fit and well-qualifiedpersons, recommended for their abilities, and from motives ofdisinterested purity. It has been well remarked, that there isno rule better established (in law and reason, however much itmay be otherwise in practice,) respecting the disposition ofevery office, in which the public are concerned, than this;Detur digniori. On principles of public policy, no pecu-niary consideration ought to influence the appointment to suchoffices. It was observed in ancient times, that the sale ofoffices was one of the leading causes which accomplished theruin of the Roman republic. Nulla alia re magis Romanarespublica interiit, quarn quod magistratus ojjicia venalia erant.*(4.) There are certain illegal and void contracts of a miscel-laneous character, which deserve a passing notice in this con-nexion. Such are contracts made in evasion or fraud of thelaws of the country, or against its public policy and interest.This principle embraces, not only contracts arising immediatelyfrom, and connected with, an illegal transaction, but, withincertain limits, new contracts, if they are in part connected withthe illegal transaction, and arise immediately from it. It em-braces, too, “ agreements, whereby parties engage not to bidagainst each other at a public auction, especially in cases wheresuch auctions are directed or required by law, as in cases of salesof chattels or other property on execution.” Such agreements

Story’s Equity Jurisprudence, Vol. I. pp. 292, 293.