The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1847-03-12

ment but while ench OF these departments
Is supreme inits orbit, Reiihdsof them, nor
all or them united, are sovereign. Scper-
eignty " in the people Of the State alone.---
lsis above and beyond the constitution It
10 The great mass Of political power, which
belongs Of Necessity to 10 allth people, res
trained only for the protection Of the minor
lity, and also for the benefit Of the majority,
by the recognized limits Of the constitution.
The importance ofthe discrimination will be-
very soon manifested. Now then although
supreme for the purpose Of making law, the
Legislature derives all its power from the
written letter of attorney in the organic law.
The constitution isn0I restraining instru-
ment a. by some 10 supposed, but II 10 strict
lly an enabling instrument, and the depart
,nents have no other power than what has a
legitimate derivation from the letter Of the
constitHtion. M N
Does the constitution by any fair constrsae.
ten Of the constitution aathorise sae Legis-
lsfurs TO incorporate a Rdnki Under the
Whole Hsavens ;.inis present day there is ne
lnc....yy made which is more serious and
| siartling And shall proceed, M. Speaker,
with due dslibera,ion 10 ansN il in my
humble way, with an unqualified denial.
| First then,I affirm that there are no express
words in the con stitution Of Ohio to author
i've grants Of Incorporation BY the legislature
10 banks.
Secondly, l affirm that no such power caR
be got BY implication Of argument from that
instrument.
Thirdly, affirm that any such assumption
Of power 10 contrary ts the letter, and fatal
to the spirit Of the constitutisn.
As to the first proposition--
| The only words upon which any reliance
can be placed are TO be found in the llth
section Of the ls article, or the 9th section
ofths S,h article. The 6rst words are as
follsws: "Esch house may determine the
rules Of its proceedings, punish it's members
for dissrderly behavior, and with the concur
renee Of two thirds expel q member, but not
a second time for the same cause; and shall
have all other powers necessary for a branch
Of the legislature Of free and indspsnd-
sat State" These words are Intended to
give the legislature police power for its
own protection against insult and disorder,
and not irresponsible and implied powers of
snivsrsal Legislation.
This Interpretation il not more obvious
irom the language than from the collection
Of the section, which 10 in the midst Of 9TH
er sections providing for the internal rsguIa-
ton Of the legislature, and the qualifications,
duties and privileges of the members.
The other words Of the 9th section ofsr-
,icle 8 are not sufficient to authorize the
granting efbank charters. They are as fol.
lows: "That every association of persons,
when regularly formed within the State, and
having given ,hsnsslvssa name, may on ap-
lication 10 ,hs legislature, se entitled to re-
eeiye letters ofincorporatieS, to enable them
10 hold estates, real and personal, for the
support Of their schools, acadsmiss, ce.leges,
uniyerSities, aud for othor purposes" 1'he
above section relates TO an entirely different,
and indeed antagenistic subject, to educa-
.ien only---the antipode Of banking. The
Legislature is therein authorized by the poo
pie whose will it most highly expressed, to
confer on associations regularly formed, let
ters Of incorporation TO enable them 10 hold
cstafes for the support Of their scheols, COL
lsgss and unipersitiss, and other purposes.--
This is as l understand it, 10 hold estates
for the support Of their schools, eoIeg-
o., acadamies and also for the purposes Of
eSsdowment and deyelopsment as schools
and ,olleges from their FIRST limited creation,
70 such larger capacity a. Is warranted by
The aeuui., .,ition Of subsequent resources
The aethet purposes" at tho end Of the Sec
,;or !. - ali intents mere "cfcsfers, |, and
i i perfectly idle for an attorney 10 assume
uncontrolled auihority over the effects Of his
principal on any sush .foundation. lfthe le-
gislatnre under under sucs clause were al
lowed to charter banks, i. would not even
be plausible usurpatioR, for II involves 2
total departure from every rulS OF rght' and
every commen rule Of construction. II cannot
be too often affirmed and declared that the
law-making power was never intended TO Dc
a contract making power. That The repre-.
sentatives ofa whole people cannot preserve
their character, nor that integrity which is
its ornament--if they contrive money raak-
ing Jobs, and confer money manufacturing
functions upon, care not what false pIeteace
Of the public good. Whenever and where
ever legislature allows itselfto be approach
ed at any time, in any manner for private
purposes, its purity is that instant attacked
under tenptation or naturalization, or from
|impertunity, ito public virtue is gone, and its
existence becomes curse. make these
remarks perhaps not in the most appropri-
ate place however, they should be borne in
mind in order truly 10 ascertain the meaning