The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1843-02-23

WINCH NOutu ttlleCt honor Oh Tue SCiCAiGC
OF the law in any country, or in any age
that his ashes should DO disturbed, and lis
we'll deserved fame as Jurlsi, should, al
this late day, be thus traduccd Tor party
purposes, is beyond all endurance. | must
believe, MIR. Speaker, that the gentleman
from Chatham, read over the opinion aiiu.
ded to, 10 very careless manner Tor Ger,
taiuy he could have selected no case, per
haps, which more clearly and torclbly
maintains the position which | assumed
han that 10 winch be has called INV ni,cn
aon. ! cannot perceive, sir, how The gen
'!enan could have fallen into Sc egregInus
~ error, uu.rss he did so ty not attending
10 he distinction drawn between civil aud
private &C. 1oia'.ons. l,is there said, that
m respec; 10 public corporations which exist
only Tor public purposes, such as towns ard
cities, &C., the Legislature may, under
proper Limitations change, modity, enlarge
or restrain them. But II is expressly de.
ued that II has power TO repeal, alter, or
amend statutes, erecting private corpora
tons, amOag which are enumerated Banks,
whose stock in whole or 10 part Is owned
by individuals, u charter OF this k,ud is
said 10 be a contract y hIch cannot be ullsT.
ed without the consent Of both parties. In
short, does not every alterallon Of a cou.
uGc! however unmportant, even though 1t
be for the interest Of the party ohleClng 10
Il, impair lis obhgsuon II the assent Of
all the parties TO be bound BY contract be
Of It's essence, bow is i, possible thu, q new
courac, substituted for or engraGed on an.
other, without such assent should not VIC
late the old charter. The case Of The King
z. PassmoIe, 3 I, X. GAG is referred 10,
where Lord Kenyon says, "lhat az existing
corporation cannot have another charter
obtruded upon il BY the crown. 1t may
reject II or accep. the whole or any part Of
the new charter. The reason is obvious
charter IS a contract, to the validity o.
which, the consent OF both parties Is essen
tai, and therefore It canno, De altered OF
added 10, without such consent 10 fact
Mr. Speaker, the case Of the Dartmouth
College is one ot the strongest cases ID
point . charter was granted by the BRUSH
crown, before The Revolution, TO tha, Col
lege 10 1862 afterWards by an Act Of the
Legislature Of New Hampshire, that char
ter was sought TO be altered, but the So
preme Court Of the United States declared
that, that act Of the Legislature Of New
Hampshire was III violation Of the Constr
tuition Of the United States, which declare.
that no State shall make any law impalrina
The litigation :. contracts Art. ! Sec. 10
The gentleman from Cumberland, ha;
also though. tit to make the his debtor or
this Bank question: and in commenting or
my remarks, be is pleased TO say, The gen
tlemau from Haywood is 10 the habit o
playiug eli on small matters, from infnn
sarcasm up 10 foil grown vilncism. T,
this charge, Mr.. Speaker, must plead
guilty IN part /, IS true, sir, have beer
Ia The habit Of sometimes noticing the ar.
gUmenis OF the gen'lemsufr from Cumberland
and 10 doing SO, must confess | was play.
ing with rather small Try. but, sir, ! shall
endeayor 10 atone for the error ln future.
The little gentleman from Rocking ham,
Ar. Scales has been also shooting his
pop guns at me, bot can assure that gen.
illeman his metal IS Weighed IN rather HIGHT
scales 10 merit any reply On this occasion
The last, though no, least, n my adverse
ries, is the gentleman from Granville, flr
RusseN,) He thinks am a foreigner anC
perhaps no, naturaI.zad, &c. | car inform
the gentleman, that il is true was born on
the opposite side Of the Atlantic; there is
however, this difference between that geu
tIemaH and myself, an a Republican /,
choice, he is enc BY mere chance; and
have no doubt, SIR, bad he been educated AZ
have been, lie would he still a monarch
Isl; and from his exalted aspirations here
presume had be been born in England
Prince Albert would now be conuiug oyei
he dltiies OF q rejected lover, While ny
friend fjom Granville would no doubt b
basklng in The smiles Of Brltain's nqiGei
Queen. The gentem2n llom Ashe, fMr
Bo~er,) ought not to forget while an
paying utf my Bank debts. Fis true, Nr
Speaker, he took 10 part in tie debate ex
, .cept that lie Informs u, he is keeping a pri
/. vale journal Of the number Of speeches, IN,
names Of those who make them, and III,
tune occupied By each. rccollec,, sir
when was addressing the House on las
evening, he looked q, ine very often ana
then his watch, hesaid noihng bItho1ehi
much he reminded ne Of M auecdo,e
once heard told Of an Irlshman's parro,
and # the House vii indulge me-, | win re
late the anccdoIe. An lrshman vas once
observing parrot, and much delighted al
rs imitation OF the human voice n shrawt
aokee percelvIug ii, and gupposirg he
could cake a sort 81 speculation, asked tho
lushmau { he dtd not wish 10 boz par
rn' bargain was soon struck and thr
Yankee agreed for five dollars, to furnish
the lTlsamaa, w.'n,a a week, with d parrot
true to has engagement, he cane atiho a7
pointed time, aud drew from handkerchief
carefully wrapped yp large night onl
Which he sold TO The coufdlng lrlshman
for five dollars, informing hin at the same
time, that The parrot would not talk any
until he became familiar with his new d,
rutrI and Us t1rr-trs Co., 49,. r.