Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1836-12-28


~sential principles of liberty and free
government may be recognized ane
unalterably established, we declare
THAT no ex post facto law, nor aas
lac inpairing contracts shall be made
How, then, can the Legislature make
a law violating its W contracts =
Even were il disposed to do so, It Is
forbidden by a Fower still higher than
the Legislature, or even the Constltu-
ton of Pennsylvania
The Constitution OF the U. states a
a guarantee by all the States against
any wrong done by any n State
That instrument declares that "thi,
Constitution shall Be the supreme lac O
the land, and the Judges in every State
shall be bound thereby-any thing in
the Consultation or latcs Of any Stale &c
the contrary, Notwithstanding and
that Constitution declares that "no STATE
shall pass any law impairing the o6H.
cation of Contracts" So obvious ID
this, that even Mr.. George M. Dallas,
saw it. The charter, he says, " is ss-
sentiaHy a contract made by at least
our nominal representatives with nu-
merous persons, nine-tenths OF trhom
are strangers to our soil, and each OF
whom contributed, in the payment OF
the bonus some portion of his private
property in execution Of his share OF
its stipulations." "The rights which
it impaired are now absolutely vested,
and tho Constitution Of the u. States
prohibits any State from passing any
law impairing the obligation Of con.
tracts" 81 am aware he adds, "of
the natural and prevailing impression
that the next General Assembly might
be called upon to pronounce the lncor-
poration Act null and void, on the
ground of its having been fraudulently,
surreptitiously, and corruptly obtain
ed" "But such a movement violates
fired Misunderstanding defamation equi.
pazent TO proof, foyfeiting private pro-
perty, and passing sentence OF intdmy
,cithoa judicial trial. W. must rot de-
base u pursuit by any such hypocri.
teal pageantry and summary inJus-
And, accordingly he recon-
mends as the only remedy the Conven-
ton. But, if the Legislature cannot
do it, how can the Convention dolt!
The Convention is a body created
under a law of the State. entitled :" An
act to provide for calling Convention
with limited poWers."
The act declares that the Convention
shall have power to propose amend
meuts TO the Constitution, to the peo-
pie, for their ratification or rejection,
and emo other or greater poicers phaf
soeper." "To propose amendments
to the COMMUNICATIVE, what is
there in the Constitution about the
Bank How a its repeal be put INTO
the Constitution ? and if it were in the
Constitution, what force would 1t have
against the paramount power oil the
Of the United States, which
declares that no State shall impair tho
obligation of contract, either oy us
lars or its Constitution.
IT, then, the Legislature or the Con-
vention, were to attempt such a breach
of faith, not merely the people OF Penn-
sylyania, but the people OF the other
States, whose citizens will be thus de-
frauded by Pennsylvania, would unite
in putting down this usurpation.
But there is not the slightest danger
that the Legislature or The Convention
will make this abortive attempt. There
are not 20 men in Pennsylvania who
would not scorn thus to degrade ms
ancient and honorable Commonwealth.
Nevertheless, that question shall oelri-
ed before the Convention. 1t involves
interests far deeper than the temporary
existence of the Bank-it oncern the
whole character Of our free institutions.
If a Convention in Pennsylvania a
dissolve the obligations contracted oy
the Legislature so can a convention IN
New York or Virginia. If, when a
Legislature has pledged the faith OF
a State, its members may disperse,
and, appearing in a few months as
delegates to a Convention, annul all
the acts ofthat Legislature,--there can
be no safety in dealing with the States.
The hundred millions of money lent by
Europeans on the pledge of the faith
ofthe States-the thousand millions IN
vested on the security of the States,
the titles to lands and to all other
property, bridges, tu%rnpikes, canals
railroads, banks, and every other pri-
waite right, every corporate power, are
wholly at the mercy Of the State au-
thorities, call them as you please, Le-
g~islatures or Conventions. The whole
institutions of the country would De-
come frauds. This must not be. Il
must be decided whether this Pennsyi'
vania Of ours is a v%irtuous community
or a mere society of plunderers-nor
will the honor of the State be relieved