Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1836-04-29


should pass any ''law impairing the obi
gatIon Of contracls.n No doubt existed
al the time as to the meaning Of the
clause, ''it was the. inviolabIllty ot prl-
vate contracts and private rights secured
under them, which was Intended TO be
protected" and not legislative grants Of
corporate powers; as 10 which, even the
late Chief Justice Marshall says. "lt is
more than possible, that the preserva-
ton Of rights Of this description Was not
particularly in the view Of the trainers of
the constitution, when the clause under
consideration was introduced into that
instrument" But hstanding the
men who framed and those who adopted
The constitution did not intend the clause
in question to apply to Legislative grants
the Supreme Court Of the United States
have assumed the power OF extending 1t
to them; and it is now SO settled that no
State Legislature has the power TO re-
peal the charter of B INK or Insurance
Company, or any other grant Of power,
except such grant be for some public pur
pose, as to city or town. This law Of
The Supreme Court oflhe Uaited States
does not prevent State Legislatures from
annulIiug many species of contracts,
such as the contract Of marriage; but il
seems specially guarded IN It's terms 10
protect monopolies. ltoperates only TO
prohibit the State Legislature Ircm cor
reciing the evils of hasty aud Improvi.
dent Legislation, from reaching grants
which benefi; the lew at the expense ol
lhe many.
Underthis law oflhe Federal Court
if the first Legislature in this State
had chartered company and given
them the exclusive power and right
of raising what forever, they would
be protected in the enjoyment of tha
/ Uested right by the judicial tribunals
SO If the present General Assembl!
| were to charter banking company
5 with the exclusive privilege OF bank
ing in this State forever, with an uu
. limited amount Of capital and wit
power to establish branches all owe
the State, the state would be given q
after the expiration of the preseu
bank charter TO the absolute domin
e ion of such company forever for n
!, future Legislature mightrevoke sucI
II enormous grant. This law Of III
r Supreme Court protects all monoE
n oles. So that If The enemies {
II freedom can by direct or indlret
IT means induce The Legislative powt
IT of the States TO continue granlin
: charters as literally as many Of the
e have done hitherto, the Supreme po
. er of the Stale instead Of remainir
% . in the whole people y the State a
" cording to the theory OF our goverI
ID ment, will be parcelled olt among
to aud granted away to various priva
Mt corporations, moi one OF which "
Ie have any other obiectOr aim but
ct accumulate power aud wealth TO i
lis elf 10 utter dlSke egard of the inlerf
1T and welfare o('the community. ii,
nd fir we have already progressed
ry wards this stale OF things must be
yious to those who have attended
a' The course Of l. 'gislaion, and no
"I ~ much further we shall 60 on in Il
% "s course is for The people TO dcterml'
N, 1t is also for the people TO say whe
on er the judicial l. glslatiOn we ha
on noticed shall continue TO govern a
by controuI the Legislatures, or whelI
led they will correct and reform il;
ion reform in our government must p
of ceed from the people, and can Of
us, AXE place when they will it.
The We have mentioned the first great v
in ry of the aristocracy IN establishing
to Bank of the U. States, and we have
zen verted to the usu'ping Legislation
alb. Court, which from its organization is
rIy tocratic-we need not follow the his
lies Of the federal party and its lavoriIe Il
The nal to the present time, il is suthc
tse that you know their whole career
lrll have been marked by unceasing host
hts TO the vital principles Of our governu
leIr a constant effort 10 break down and
losl trate the maXims ofequalIty the sover
oI ly of the people, and establish in
'ost stead the absolute sovereignty oi an
trI- sponSibIe tribunal But the condu'
a'm this party within few years, with
Ver; and almost entire unanimIty adVOc'
npor the re charter OF the United States
as essential to the existence Of the r.
,der lie, and assaiIIng with ISLANDERS most
fter, and malignant, that. Chelt to whor
their owe our deiverance from this mons
n ex Legislative corruption; that Chief
the has inscribed his name on The eVerla
aud roll his contry's fame and glory; IN
Ii,d for doubling the rroprIety OF proIOI
thus, its existence and calling the altenl
IL, re. Congress, and the people to its un'
Log ,utionallly, and dangerous Powersj