The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1851-03-12
coNSTITUyIONALrTY OF FlBANIL'
sDeecI, of Jadge Ikeamon,
q in 'cuNyENTIuN, fEBRuARY >, 1851.

's IN cuNyHNTION, FEBRUARY D. 1901
Mr. Keanon. have been alluded 10 fre
ousa,Is to-day, os included in this nun'bel
Twelve . aud ! believe ,aisschargc is cor
reel. certainly am Ia that company, and
expsct 10 remain there. Bot ! hsd rather
the geatIeman from Hamilton, Mr ReemelIn
would not fndisc much fault. Il seems 'ha
i can hardly smile Without a'iracang hi'
.i,o.ice. And the gentlstnan may as vel
desist; ;,iur be cannnt put us al into Ihe ShiG
y ranks. For one I do Isol intend 70 60 there
Whatever bright prospects may be before
,lie eeuleman lrcn Hamilton. am ao' en-
sious. Neither cuu emulate 'he proI'
satisfaction he seems to enlpy OF being at
wsys right. never expect 10 attain lin
+ digh degree Of perfection. sa14
MI. P.esdent, none Of these attacks mndt
,upon myself, aid the other eleven with m'
npon this subject, have the eosi Innaence
upon my feelings athis period. The llme
has bean, at lhe commencement OF this DIS
cussion, when, confess, did Nol feel ex'
actly llglit ahuul them. But now they hagf
not The least influence upon me mol iht
least. They fpli harmless at my feet,
B Il nov let me approach theaqnesuon, =
And If any Of Ihe gentlemen is deslro4s Iha
] shoDld tiIe my position, will do so, II
such manner that it shall be lmp'ssIble Il
misunderstood me. J have marked out my
couIse, fem which do not mean to devlaiC
- loi a hairs breadth. @ .l sy
The question befnre us ia upon The ndop'
iun Of the amendment 10 the amendment
which is provision to the ,tfac,, that In,
Genera! Assembly may tepeal Hii chaitets
+rhal is the substance of II, # .I1n"un5 any
N1iiinp. Is Iii IS said by s"mn, lhnt II menn
g t,otl,Ihn = Being N the bll "f rights, whcto
ave ok only foe decllIutIun OF gche'o
principles Tht Eay he go; aud u II sbouI'
ha 50, then 4rn nsajRsI ii. Buill may q!
81 mean wIiat the geA'leman IIom Hamilton
Mr.. Rcemelin, aud others attitm. II the!
. nre CO .ect, then am still against il; 20
they affirm ahd claim that The Legislature,
Anay repeal any charter, now III existence.
One word with reference 10 wlut we cal
here retroactive repeat, and prospective re-
peal, and | want rhc attention ot gebileinet
a,f ,he legal profession to What have 10 SAY
III regard To III s distinction. | cIf'm, thu
,herc is really 10 Distinction between tlieS'
proposilious There nre such Distinction
as applied To Law, but none MS applicable Il
constitutions. Ii you authorize The Legisis
Snrc to trpcnI charters, Hnd sny h"I'hng a
hau, the tuIure or the past, tlir authority "r
srates az " ell upon chartefs pissed iwent.
Wears ago, as upoa th"sc which may 10 pas
resa in the iuture. iibn both uf the fcuoI.
which have brcn presented upon IhIs subjec'
/ iy,sly OH ac
o. lItelr acl on is only n cllar.er a! the tim
of irs consideration, that Is ali fiat tho Gen
.4ral Assembly are bouhd TO know about il
kunw, that. amongst the lawyers, II !
often asked, does Tint lSw opsrate Ieirospec
Ilyel, because, # law isteiiH- 1pcrnllve,
ansy con rsvene n clause OF the Consttutio
.,f The Sn:e. OF Of tho Constitution Of Il.
Unted Snlcs, and ttletehy affect Prc-eE;.
ing cnllrac,s nr rights. The Legislature &
1as Sac at OHIO possesses oil the powers q
Any 9th r deishc.aViv body nn chrsii, excet
as ahey are, to some extent, iesralned b
aIhe State Cnnstitut0n, OF tlf3 CoAatltutio
ui the Uniled S,n,es.
understand the Constitution Of 9 STATE
10 bc entirely different N is character, itnt
wh1t il seems To be reg 'rded b. sotne mem
lera If this body --enlIely dili' rent in IL
fleets aud uperaiIunS. lis lis lntcbis an
q ircts, d st,te constitution 10 nothlng bu
The frame work nF government, As faf q
,h4 Judcisl aud Executive D.parIments az
concerned, their p wcrS are mo'tly dciegn
ted. Bn', in regard To the Legislative Dc
pattment, deny that This is the case. IL
no, the business of ibis body-,his Conver
,ion ot tie prople--to delegate power to ii
Legislature. Whit then, are our function
jim this rctpecl7 II you we've fii,ing as
duember oil the Legislature, your inqslr
would be, not, whether the Constitution hO
delegated to the General Assembly, III
power or lsat; but has the Constitution to
ken It awayi But when We come 10 II
Congress Of lhe United States, the inquiry
the mind Of the member becomes the yei
aeyerse or this. 1t ID this: has the Const
tutiun delegated this power to met Bccaus
The C,mstitu ion Of lie Unitd States is
CONSTITUTION OF delegated powers, and d,
cfares ,hs', ''puwers nor delegated 10 'ac
States by tho Constitution, nor probbll'
by il 10 the States, are reserved 10 the STAT
respectively, Or to The people"
MISUNDERSTANDING the iuet clause Of th
Constnudop, under which We have lived i'
tho tasl fifty years declares. that 10 gdsrd
kainst the trunsgrcssiun Of tie high pow
hereby drlegGtrd. we declare that "all po'
rrs, no, heIsby delegated, remain with u
peuL le." deny TINT there is single pow
oeiega,ed 10 The Legislature iu tho VIII
Consutulidn, except those with respect
corporations. Il is declared that the LeEi
laliye power Of the State shall be vested
The General Assembly of the Stale. u
ahis clause uf The Cunslllulieu Of Ohio, b
neysr been regarded BY the eople, as IN 3
least degree effective, in cunfeliing spec'
power. Ii not oply declares In ~ha. bc'
the beglslaiiye powe: shsl exist la1g 10
Sir, am moi afinid ef this Pr"posl'ton.e
affirm, that no powers have been granted
tba Legislature by the foimer cons,ltutie
either 10 borrow money, TO mske ingh~'
cpllrsct debt, or to assess taxes, not
ihori.y TO do scarcely anything they ha
done. The LegiIaute Of State posse
ses all powers nn,tsken away by the %
stilulion of ibe State Of OF the United Stat
and moi Inconsistent With a republican TO
VI government, or the existence of the Sta
| claim, therefore, that, in accordsu
with Tho principles ef our government,
Legislature of Tho State, unless restrain
By the Constitution, may do snylhlng not
consistent With tile government i,selI, or 1
Constitution; for i ls no, the Constituti
tina, delegates legislative power, but II {
.,,..,sarr taa and titnifa / n Al nn,va, sTy.;. 4