The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1849-10-26

upon internal improvement t"SS
tons crowded aside the most impor-
tant business, as Of seemingly sec
ondary importance, until near the
close OF the session, when, to dispose
of it, required rapidity AMI haste
certainly not to be sought in legisla-
ton. For a striking illustration of
this remark, I may refer to the fact
that during the last two work
ing days previous to, and on
the day Of adjournment, more than
one hundred and fifty bills, being
more than half of all the public and
private acts of the session, were laid
before the executive to be read, ex.
ahmed, and approved by him. No
one certainly, is censureable for
such condition of affairs in
our legislation for it natural
ly arises out of the extraordinary
excit. ment upon these questions,
and the shortness of the sessions.
Nothing more is needed to show
that subject of so much embarrass-
ment to legislation, especially when
Lifting is gained by delay, and as
io,e can suffer loss by its early set
lencnt, should be disposed of in ac-
oorLancc with the principles of the
constitution. Unless this is done,
there are nnmistakablc evidences
that the agitation upon these sub
jects will not only be increased, but
become OF much more serious per-
plexity and embarrassment than it
has heretofore been. What ought
to constitute the provisions of such
general law Of Incorporation as
the constitution contemplates, or
what should be properly inserted by
way of prohibition, lim'tati IN or re-
straint, is not for me, but the grner-
al assembly to decide under the con-
stitution, and with just regard for
the best interests of the state and its
citizens. 1t has been previously re-
marked that nothing but emhartass-
ment and increasing agitation can be-
expected from delay to settle this
question. This difficulty will ac-
quire additional force from the fact
that the spirit Of the constitution is
oppose,lto the enactment of special
charters for such purposes, inasmnch
as the objects sought can he secnr-
ed by general law. Iii believed
that the discretionary power given
in section one, article ten, Of the
constitution, of passing special acts
of Incorporation, was conferred for
quite different purposes than OF gran
ting special charters for railroad oh
iects, which may so clearly be- made
the subjects of wise general laws
II this be not so, why was that Sec
ton inserted in the constitution al
all? Why incorporate in a grave
instrument, upon which hang ON
most sacred rights, seeming re-
stricton upon most dangerous pow
er, which was intended to be, oil
could be, so easily evadcd? And
why not have left the power to grant
special charters as it stood brior.
the aiontion of the constitution
without limitation or restraint. u
seems 10 me clear that the evident
design nfthe rntire tenth article, wa
to restrict the legislative power ii
the granting nf special acts of incor'
por ,tion, AMI TO ronGnr corporation
'as "a as possible, within the salu
tary restraints of uniform genera
laws. If such is not the just con
struction of the article referred to
it follows that the powers Of the leg
islature are virtually the same as be-
fore it's adoption-arbitrary and I'm
limited; and that special charter
may be granted, however and when
ever the wisdom or caprice of diff
erent legislative assemblies may die
tate the true intent and spirit n
the constitution being thus etfectu
ally stifled. The people should. an
will, guard with jealous care, thi
article in their constitution, as thei
only safeguard against the introdnc
ton Of multitude Of corporation
and monopolies, and permit no 'no
men'arv excitement 10 conceal fror
them its Importance to their futur
happiness and prosperity. 1t ma
be rnquired, what there is in th" en-
tire class Of contemplated works E
internal Improvement in this stat'
(nnless itbr the Object tn obtain az
elusive privileges which cannot b
equally well obtained nnh"r unfor'
n:ro-.! l.ws nf inrorpor,t;on ?
What, in tie nature Of tie ohl"rt ,
BE- gained, the right Of wav to he Sc
cured, che interference with privat
rights and private property, the pr
vileses proper TO he granted or will
held, the inmnnities to b. enjoyed
the just protection Of capital, til
Opnpr,l cortrol anil m,n,oenpnt ,