Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1823-11-22

The Supreme Court oil the United
STATES have decided the case involving
the validity of our Occupying Claiman,
laws, on which SO much both in priDc
pie and property depended, and which
we very properly took so great an inte
rest, and Notwithstanding the provision in
the compact with Virginia, that in the
event Ola dispute concerning the mean
ing or execution OF the instrument, that
the same should be referred TO a tribunal
therein provided Tor, and Notwithstanding |
Virginia had long acquiesced in our III
terpretalion and execution oil its siipula-
tions, and tina, when we made the pro-
position she refused to constitute the |
tribunal and make the reference, vet
that court took cognizance of the com
pact between the states, as they would
have done Of "a contract between private |
persons, and by misunderstanding lis
meaning (Which has been fully proved
by our distinguished and pa,rotic coun-
sci and also further illustrated in the
saine view by an eminent citzen) and by
disregardiag what had been esteemed
the we'll settled distinction between RICH,
and remedy, have lately given decision
BY which they declare our koplevin and
Consequently it is believed) property
laws, unconstitutional and void, zehcneVer
they may he SO asserted by the creditor,
The decision was given in tSe case OF a
contract made prior to the passage oil
the law. Whether in consequence OF
the provisions in these laws in relation TO
the endorsement On executions, they will
not give the same decision in cases Of
contracts subsequ eutly made, is a subject
of conjecture. These decisions have
produced much excitement and alarm
throughout the state. The courts rely,
tor the support of,heir decisions, on thai
clause of the constitution OF the United
States, which declares that "no State
shall haSs any iazu imhairing the o6i
gation Of Contracts" From these words
OUR court draws the conclusion that The
remedial laws existing at the time CT the
contract are made part Of the contract,
and cannot be changed by any future Le-
Elslature.
1t is the great and leading principle in
our Federal as well as state constitution.
that the people shall govern. To Sc
cure this important right more effcctu-
ally, the members Of our Legislature are
elected for short periods, for the sole
purpose, that the people may, by means
Of these elections, effect a remedy for
existing evils, amend, change or repeal
all laws tina; are found oppressive or in
furious to The community. | am not an
advocate for Legislative infa!libiiity. |
wonld not, therefore, clothe them with
the power of doing much evil, and by The
same principle take from the people the
right, as well as the power, to apply The
proper remedy. 1t is settled that Con-
gress, as we'll as the State Legislature,
have the power to grant charters Of i'll
corporation. Il is also we'll Known thai
there are three leading Interests in the
United States, the mercantile, the aer!
cultural, and the manufacturing. Sap
pose then, that one of these interests,
(he mercantile or manufacturing should
by any means obtain majority in each
house of Congress, and thus obtain a
charter of incorporation, granting them
privileges Injurious TO the other two
pursuits, which would run for forty or
fifty years, and for which they would pay
bonus will any rational man say, there
is no power in the government to relieve
the community from such grievance
II TOO often happens that men employed,
for length Of time, in.courts of law,
either as Judges or infesior actors, be-
come in feeling and conscience, com
pletely legalzed. Man is very much
the creature of habit. Such an one would
probably tell you, the contract was a lair
one, the bonus had been paid, and the
law was in favor of the corporation. But
would any honest, moral man, hesitate
moment in voting the repeal of such a
law will mention one other view in
which the principle commended for BY the
courts, if submitted to, may become dan
gerous to the government as well as to
the best interests of the people. Ours
is government founded on moral prin
ciples; its strongest support is in the
affections of the people; any Judicial
act that tends to ALLEVIATE the minds and
consequently the affections of large por-
tons of the citizens, for instance, as in
the present case, OF a whole state, by I'M
Ringing and overturning the course OF
Legislation and adjudication acted on for
years past, must in the same degree,
weaken the power and render less secure
the stability of government.
need not be told that the General
Government is anthoriZed to use DhV-