The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1851-05-22
From The Cincinnati Ga=etle
Shall 1 Vote Tor tho New ConstIturIon!
No V.

NO. v.
said at the close of the last number.
that the instance there put of the Conven
ton re- assembling aud abroSating their
own work, did not represent in full furce
the fasity of the maxim that the power
which creates has authority to Destroy
Were it claimed that it could do so. after
the Constitution shall have been ratified
by the people. and after important rights
have been acquired under it. the absurd
ty of the proposition would be too glaring
for argument-yet very slight examina
ton will render so plain that he who runs
may read it, that even that is by no means
as strong case as the exercise of the
power sought to be coferred on the Gen.
eral Assembly might present every day.
Let me put case familiar to every one
in its essential features! "A general law
is passed under the new constitution, pro
viding that whenever any number of per
sons, not less than ten, shall associate
themselves together, adOp; corporate
name, put a sufficient amount Of funds
into common purse. under the name Of
stock, and expend it in constructing
good McAdamized road. not less than
forty miles long, that such corporation
shall be the absolute oWener in fee simple
of such road. aud shall DO entitled to
charge and receive a compensation at
specified rates from every Que using the
road or any part Of it Such law does
not organize any road companies, or pro.
vide any means of making roads, but
does hold out offers of benefit as rewards
for organizing such companies. aud in.
vests funds in property Of that desctip.
tion.
A district of country being remote
from market and having very bad roads
to pass over, a considerable number of
public,s spirited citizens associate together
comply strictly with the requirements Of
the law, locate their road, pay $4,000 for
the right of way, expend $1,000 per mile
or $4,000 constructing road forty
miles long. erecting toll houses and gates
aud preparing the road for use; when,
just as they hope to realize some return
for their outlay, the law is amended by
repealing the section which authorizes
the taking oftoll, whilst those parts which
compel the corporation under heavy pen
allies to keep the road in good repair,
aud make it liable for all injuries sustain
ed in consequence of the road being out
nfrcpair. are continued in full force. Let
no man say this is not Il suppoSiDe case u.
The language Of article l3. section 2, is,
"Corpuralions may be formed uuLer gen
eral laws, but all such laws may, from
time to time, be altered or repealed. -
Sec | reads. "Tna General Assembly
shall pass no prcial act conEerring ,rpo
rate powers" There will be then M
mode of acquiring corporate powers
except under these general laws. (shoud
any such be passed, aud | look in vaiE fpI
any limitation or condition attached /"
this power Of alteration or repenl. let
no mln duule himself with the idea til
such power may be safely conferred
because it would never be eXercl Sod. -
The struggle that has been going on in thi:
State for years past To obt in sanction
Of this aulholiiy, has not been to gain AT
empty triumph. 1t as been To gain >os
J session Of weapon to be used viii
) deadly effect whenever party violence ol
, the designs Of demngoguoS might cali il
into exercise. There is no safe aud SURE
I mode of preventing the use Of power bu
. not to confer it, or, if it be doubtful
power, to withhold it IT, express TERMS
t But we are not without tho beue III OI *
n perience on this subject, 1t must b.
borne in mind that certain men in thi
State, some years since, advnuced tn
5 idea that all grants made by the Legsa
= ture were revocabe, aud to sustain tn
doctrine, proppedi it with the broad plat
e form that the power that created wa
D. always competent to destroy
Acting in pursuance of the tnuury an
:, availing themselves Of local controve'
/. sy between the stockholders of tun
pike road and the inhabitants of The coul
= Try through which it passed, the LegisIt
!. tJte, some years since repealed an act I
Incorporation, under which a cOmpan
. had been organized aud many thousan
N Jullars expended in constructing the
road making no provision To secure III
>. rights or property of the corporation, {
5 of the individual stockholders, iuveste
: in The road. The public have ever sine
70 used the road without compensation, an
.r the stockholders have in vain sought =
1ress The hrst clause uf section
article l, reads, private property sha
~ ever be held inviolate but subservient
r. the public welfare"
Had member moved to substitute Il
N. following: "rhe General Assemblym'
sequester to the public use the proper
of any person, and revoke all grants
BE- land made under the authority OF II
I"r State" il would have created sensa'io
ng vet challenge any man to distinguish Il
'us in principle from article thirteen, secll
d ,wo as it stands in the constitution, a
if the Legislature may be safely trust
bo with the one power, they may with
-, qual propriely be trusted with the oth'
al The one would DO no more liable to
buse than the other. But as | have
.,r fore observed, this is tho first time IN
~ reading tha have met, in the insti
" tions of free country, with feature p
cling the lights Of any portion OF
I'M. community at the mercy of the ,Legis
ON. tive power. Under the Turkish rulo,
'es times now gene by, Pashas were appol
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