The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1845-02-28


"
JUDICIAL nRFoRM--RlGHT OF REpEAL, &c.-The
-Ne,cark .Adcocate, in re-publishng our remarks
made few weeks since, advocating a constit,l-
iional reform in the Judiciary so as to reach the
Trust Company, gives the following Introductory
comments:
We entertain high regard for the opinions of
the Editor OF the paper from which the following
article is taken; but cannot consent TO give it
place in our columns without expressing our
firm conviction that the charter of the Life Insu-
rance and Trust Company can he repealed with
out changing our Judiciary. The right of repeal
ing law of any and every kind is right which
clearly and unquestionably belongs to the Legis-
lature; and if that body would give any Corpo-
ration the power to bring suit again st the State
for any damages it mi ght sustain by the repeal of
its charter, we have doubt that the Supreme
Court, even constituted as it now is, would sHs-
tain the right. We want our Constitution reno
dled--we want biennial sessions of the Legisla-
ture-the Supreme Court and Courts of Common
Pleas reorganized-the Clerks of Courts elected
by the People, as they are in Pennsylvania, and
Indiana, and will he in Iown--nnd the power to
incorporate Banking Companies by tho Lcgisn-
ture, expressly prohibited-ond our best efforts
shall be given to the friends of reform when ever
they put the ball in motion; but really can
see no necessity for giving the election of the
Judges of the Courts to the People.
We should have noticed the remarks of the
.adrocate before this, but the paper was accident
ally mislaid.
Undoubted, by such men as tho editors of the
.Newavk Advocate and Kalida Yenture, is the right
of the legislature to repeal law of any and
every kind;n and well settled in our minds, too
is the doctrine that - all men are created free and
squal' but it would be quite rational to preach
honesty to brgand s-cquality to the Russian Au-
tocrat ..orGhrstianity in the seraglo of the Sui
TAM to cohtend for the doctrine of the Right of
Repeal, before Legislature controlled by Bank
ers. Hence, tho reason why would have the
power of the Legislature to repeal charters, dis
tnetly affirmed in the Constitution is, because
it is power which is denied by the Bank Aris-
toeracy, and those whom they CONTROL
We cannot persuade ourselves that the course
pointed out by the Advocate would be the pro-
per and efectua one to rid the State of the Trust
Company. But even if the Legislature should
adopt the plan suggested, and an award of :" da-
mages' satisfactory to the corporators were made,
the members of the defunct corporation would
receive one-half the property in the State.
We agree with Mr.. BRIGss in his advocacy Of
biennial sessions of the Legislature ;-because
they would save expense-give stability to
laws, and save us from the evils Of TOO MUCH
yERNMENT.
And the same reason that we would urge in fa-
vor of the election of Clerks by the People, we
would also urge in favor of the election Of Judges
of the Courts, and of every other officer, by the
same authority. We would have all officers
Legislative, Executive and Judicial, elected di-
rectly by the People. We can propriety
or sound reason for these Determinations; IF it
is safe for the People to trust themselves with
portion of the political power, it is safe to trust
themselves with the whole Of it. We would have
them resume every power compatible with their
own convenience to exercise. The only objection
20 pure Democracy, like that of Athens, where
the freemen assembled together and made their
own laws, is-not that it would be unsafe or dan
gerous to leave the legislative power to be so ex-
ercised by the peoplebut because it is more prac-
ticable and convenient for them to exercise the
Legislative power through their Representatives.
But it is just as convenient, wise and proper, for
the People to elect all the officers necessary to
administer the government, as it is a part We
regard the election Of Judiciary, State Audit
or, State Treasurer, &C., &C., by the Legislature,
as feature grossly inconsistent with the profess
ed theory of our government.
THE STATE DEBT.-In the Senate, lately, Mr..
WATERS offered the following preamble and re-
solutions which were, of course, voted down by
the federal majority. The federal party seem de-
termined to drive the People of Ohio, within a
few wears, into choice of either reputation or
slavery:
Whereas, this General Assembly have reason
to believe that in a few weeks system of bank
ing upon State stocks will be presented to the
people of Ohio; and
Whereas, the inevitable effect of such banking
is to fasten upon the people of Ohio, and to make
perpetual, large State debt, with all its wither-
ing and blighting effects upon the prosperity of
the State and of the people, unless prompt and
efficient means be taken to guard against the
threatened evil therefore,
Be it resolved by the General assembly Of the
State of Ohio That the faith of the State and the
same is irrevocably pledged to the State creditors
and people of Ohio, that the Legislature will not
increase the said State debt, either for the pur-
pose of affordng additional capital for bankers to
issue their promises to pay upon, or for any other
purpose whatever, and that at an early day of the
present session an efficient sinking fund will by