The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-03-06
oHIoLEGIsLATURE
From tho Ohio State Bulletin.

From the Ohio State Bulletin.
On motion Of Mr. Barley, the Bill 10 repeal
the charter ofthe Bank of Steukenville, was ta>
ken up, aud the question being on the engrosss
ment Of the Bill, Mr.. Soalding demanded the
yeas and nays. LIZ, t,l.,gs1 n
Mr.. Flood said, he hoped the gentleman. who
reported the bill, (Mr. Baftiey) would give the
House some information upon the subject. He
was not prepared to vote upon question Of so
much importance, without knowing upon what
grounds he was called upon to act. t'
Mr.. Barley replied that he had reported the
Bill, from a select committee who had investiga
ted the subject. lie minutely explained the af-
fairs OF the Bank--its failure-the violation ofits
charler-its resuseitation by stockholders and
spectators, &c. &C.
Mr.. Spalding moved to take up the bill TO re-
peal the charter ofths Bank Of Gallipolis, which
was carried;
The question being on the engrossment ofthe
Bill, Mr.. Flood called upon the geatlemSn who
reported the Bill (Mr. BartleY) for information.
Mr.. BARLEY replied, that this institution stood
upon similar footing with the Bank of Steu.
benylle-thet it had not by law, in his opinion,
had the right of banking since 1920. He had
examined the opinions of the most learned and
eminent counsel in the State, who were of o.
pinion that theBank had not forfeited its charter,
but he did not agree with them, and believed
that this charter ought TO be repealed.
Mr.. Flood wished to inquire ofthe gentleman
from Richland, (Mr. Bartloy) if in his opinion
as Lawyer, it was not competent if this Bank
was exercising unauthorized privileges, TOR the
prosecuting attorney Of Gaa county to proceed
by quo warranto to bring the subject before the
Judicial tribunals of the State, in order to have
it adjudicated there. and if such was not the
most proper course2 tIU
Mr.. Barley replied that the Bank, having lost
all rights under the charter by non-user, could
not resume any of them-that after the year 1920.
the charter was absolutely void-that the courts
had doubtless the power, and proceedings might
be had on the relation Of any citizen aggrieved.
or the prosecuting attorney ufGallia county pro
ceed by quo warranto; but when this course
was taken, nothing was mplshed--that Of,
6cers did not take such matters in hand, and
consequently corporations escaped, while indi-
viduals were punished for like offences. He be
lisvsd that this was the proper mode Of dispos.
ing 81 tilsso swinaling concosns, and hoped thai
the Bill would pass. a,-
Mr.. Waddle made few remarks in opposi>
tion to the ground taken by Mr.. BARLEY, aud
co Dmented upon the inconsistency which gem
tlemen in voting to repeal the charters of small
institutions, shrinking from responsibility when
the case Of The powerful ones came before the
people. -.-
Mr.. Spalding spoke in reply to the remarks
Of M. Flood alluded 70 the Granville Bank,
against which proceedings had been had on a
wri Of quo warrante, but Notwithstanding all
the ingenuity and exertions OF the prosecuting
attorney Of Licking county, nothing had been
and he presumed, nothing would be, accom-
pIished. These institutions in almost every ease
ESCAPED the vigilance Of the courts, and as the
Legislature had the power, he hoped it would
be fsaressly exercised.
Mr.. Flood said, he was not yet convinced tt.g
this bin should pass-it was carrying out prir
ciple of Bank destruction, to which he as 6
member of the democratic party would not sub
scribe. He said that party had been s,igmassd
as bank dest:uctionsts aud i, was time thai
they were vindica,ed from the charge. He
would proclaim to his constituents and to the
country, tha! no such principle had been heIc
BY himself or his political friends. Bank Re.
form, not Bank destruction, was what the part,
had ever desired and contended for. God for
bid that such doctrine should be established
here-that when our credit is depressed - ou
people grooming under the weight of taxes ant
the scarcity Of money, the little currency whicl
they have, though poor at hest, should be wan
tony snq,ched from them by us. the guardians
ola beggared and impoverished coummunity
Here 1t is proposed 10 repea! charter, wilhou
any pre- ence that fraud had been commiued-
40 charge made, no complaint preferred. !
we are thus 10 usurp The powers and assume tht
?rerogalives Of tile courts, let US q, once repea
the judiciary act-dismiss our judgcSfice, anC
enforce our laws without the aud OF the courts
EIe contended that the writ of quo wanant
was sufficient to meet this case, If indeed, tn
Bank OF Galipolis had violated the law - tina
upon the relation eff amy individual aggrieve
the prosecuting attorney of Gaa county wa
bound to prosecute - that the Governor ha
power 10 bring il before the Supreme Court, an
the Court had full power to do Justice IN tn
ease.--NShau WE tfen, sit here to perform il
dicial acs, which do not belong to usl Shoy
fraud on the part of the Bank Of Galhpolis, AN
lgo with you; but until that is done, or som
excuse given for the repeal Of its charter, NOR
than ! -. Jet heard, l shal! certainly vote o
galnst this measure.
Continued next week.
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