The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1851-03-12

70 the taSe, aud 10 the teeth opposed 10 the
other. do not think yun would be able to
get even On honest wbig TO 60 upon the
bench, under such circumstances. Indeed
| am sure you would rot. il they were os
honest as they pretend; and yoilr provision
might be good one for that reason, for nughl
! know. "a Iaugh) But as fol the wings
generally = although The gentleman will place
me nmong them--l must say, that cannot
have much respect for their political sagaci>
ity, as eTemplified in their course, in this con
ventiou -iot have seen them, Asa pErty, do
some very silly things here. (Merimeut J
But again: in the event of the adoption oi
your provision, every member Of the Legis-
laiure elected hereafter, if he should happen
to believe, TINT the Supreme Court is right
upon this SUBJECT, would be placed in the
same situation with tie judges, in regard to
his oath. Both being required by the Cun-
stiIution Of the United States, to support TINT
instrument, and by our own, 10 support this
constitution
Now lie! me turn TO tho 3Gh section ofshe
report Of tho legislative committee. II is us
! follows:
"Sec. Sc. Private property shall ever be held
inv ioInte, and no private property. whether held
by individuals corporations, shall ever be ia ken
for pub'- use, unless the pubic 60 ri imperative
| ly demanLait. but i'll all cases tuI and adequate
compensation in money shall first be made to the
owner or owne.', TO be assessed by jury, and
subject to no dedcction for any benefits accruing
to any property OF IT, owner or owners.r
This Is ~hai gen.IeL'en arc anxious ia
carry out, and VIC are invnsd 10 vote for the
provision now under consideration, upon the
nVermcnl Of tho gentleman from Hamilton,
that ample provision is made for the security
Of coiporstions in this section. J'hisis, also
n well draw4 section, but it does net really
provide the security which tho gentleman
hns affirmed. The committee, say, "Priva!o
property shall ever be held nviolnte, and no
private property whether held by individuals
or corporations shall ever be taken for pdb
lie USE" Sir, you might SEQ good deoI III
tina. word "use;' and | haye no doubt, that
the gentlemen of tho committee, who put
this word into the section, understood its
meaning, and understood it well, .a,
Mr.. Sawyer lin his seat.) They certain
| ly did
Mr., Kennon. They did, have no doubt
They have dropped the word "wcIiare," in
|the corresponding section Of the old cnnsti-
tuition, and put into its place The word "use -
Now deny, that in repeating The chatter oi
II corporation, we take the properly for pub
lie "use," but you may take awny franchise
for tho public "wefa,e," when il could not
be said 70 be taken for the public use.
;. But VIC are talking about a franchise
(Which know is properIy,) allow ne to sup.
pose case,- because this question, as
think can better bo understood by familiar
)! illustrations. Here is railroad; running
from this city 10 Columbus. The charter d
;hat railroad company being now in exis.
tence, YOU repeal it either under the author
Ilty Of 33d section Of the Legislative repor,
or tho provision Of the gentleman from
! Guernsey, (Mr. Lawtence,) But why dt
you repeal 'ha. char.er7 The Legislature
may act in the case, upon their conviction
. that tho public good requires it; and nigh
be correct in this, aud sill il could not be
made to appear before q Judicial tribunal
thu! the claim was taken for public use, be.
cause the State does not use the road. Al
though m,llions may have been expended
upon the rord, upon tho faith that the char.e
was 10 run for twenty years, sill, because
the Legislature haa only taken away tht
franchise, the State is not compelled 10 re
munerute the company, for the loss Of thei
t investments Of money. | have no doubt
MIR. President, that gentlemen understood
this; and in such case the whole capita
would be pure mercy, Tor they would have NJ
{ legal charter. And this, | am almost ufrait
to say, was intended by dropping the wort
r "welfare," ia our old Constitution, and sub
, lstnu!ing the word ''use" in its sicad.
y Now,Mr. President, affim that The amend
neni under consideration, asserts the powe
: to repeal the charters Of companies, wherein
. any special privilege are conferred, jus
!. whenever i, may be the pleasure of the Leg
' sla,ure To 60 so. And will tell you, sir
upon what terms they may repea! those char
sers; aud the genilcman from Hamilton can
not get out Of the difficulty which sba
present, 10 save his life. II is declared her
. that the Legislature has tho righ, 10 repea
I all charters, - whether heretofore crealed,o %
hereafter to be ctooted-proyided they con
lain special privileges or immunilies, whicl
8 cnnno, be reasonably enjoyed by all. Bu
h, they take away only tho franchise, and be
cause that is NOT property, as The gentleman
i from Trumtull INSERTS, the company gets n
compensation: because il is not taken 70
Q public USE. All have TO say upon this as
sumption, is, that would not like 10 have
J.. Judge TO decide in my case, aud very impor
4 .an, law question, who would ayow lmse
@ iof the opinion, thot ffancalsc is not prop
c lerty. Aud whether the gentleman is pleas
G ed OF no, plenaed, ! will moi vote here for
!, Of the Uuitcd State; and, in this ! will b
!, guided by the decisions Of the Suplem
. Court Of HE United Stnles from which
= will DOT doviate hair's breadth. 50
il The gentleman from Trunlbull, lMr. Raj
e lney,l alluded TO me, in his remarks on ye
,e Iterday, but did not hnd so much faull wi
20 me as Others, because, as he said, | car
4, square up to the work. voted Tho VIII
j. doctrine, out and out. Now consider III
J. the nnkindest eu, Of oil, Bul was piece
d under great obligations 10 tho gentleman ito
N Knox. [Mr. Mitchell, for tho leims in whit
8. he was pleased 10 refer to ms aud my pos
10 lion upon this question; although IN rega
At TO my intellectual capacity, his notice wi
, rather over,drawn.
But now, whn, are the great evils in CO
= porations ogains, which gentlemen are Gre
es Ting this opposition. No man need tell 4
Of thai this opposition is directed ngainst cha
Q ters for public improvement and maoufaci
OF ring purposes. tell you, sir, Il is the m
m nopoly of the banks against which this W