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

u
Of our Consl'ulion--knowing what | am
doing abo3I as we'll, think. if not little
better, than those gentlemen who are look.
ing fifiy years ahead for their principles to
become popular.
have stated the provisions ofthe genIle'
mse from Guernsey, MIR. Lawrence, il il
means anything at all, proposes TO confer a
power upon the Legislature which is wholly
unnecessary fov the future, aud imperative
10 Ike past. IL proposes TO confer upon the
Leglslanre lhe power 10 repeal, gncopdilion.
ally all charters heretofore existing or which
may be hereafter granted. But, whether
being in the bill Of righ's. il means anything
more than the Ilere announcement of firs
principle, | do not know. lam pretty GER
lnn, however, that II means what the mover
Intends il should mean, aud covers oil corpo-
ratiuns now in existence. .eglE
have said, that in framing this new
Constitution, have marked uuI my course
We have becn csiled here by the people ia
amend the old constitution. One great obi
iec. in this work vas, to enable the Legisla-
uure Of O.in to do that wi.iah, under the Ole
they could not do We have been called
horc to amend the old constitution in respecl
to The Limitations which it places upon the
General Assembly in erecting other courts,
and The people in voIing for all officers
These aru some of The objects fur which this
Conventions has been called. Bnt still ]
know VIC have been called here to do tnuny
things besides this. ,s
/ beg pardon Of the Convention, If my
thoughts should mt seem TO bo arranged in
good order, as proceed, Tor am endeaVor-
ing 10 sr cB the arg"maas OF some gentle
men. pract ed now to lay down few pro-
positions. and mean TO stand By them.
In lie first pl-ce, claim that, according
to Tue decision OF the only Ultimate tribunal
upon earth which has right to decide the
question uu caanol repeal Il charter here
tuiore granted claim that To be the settled
la& Of the land. +
What says the Constitution Of the United
States, whch we have sworn 10 suppuus
bog pardon for attempting short sxpIana-
lion here. One clause o that Constitution
says that The judicial power Of The o. Stutes
shall be vested IN ono Supreme Court, and
ia such inferior courts us Congress may fIotr
time to time ordaiu and establish; and then il
proceeds tu dcfine the powers OF that Court
aud prescribes that they snall exercise Judi~
ca powers in M matters, and upon all ques
,ions Of law and equity arising under that
Constitution. This is the Jud'cil powe,
coulaned upon The Supreme Court OF the U
States B1, The franers Of this insHumen
proceed sep further. 1t being supposed
,ha, the legislation Of the several Stu,e
might possibly couf CT with eXtsi!ag con
tracts, they go On TO provide, 'ha, they shal
pass no laws Imparing the Obligations o
contracts. ..f
| They 90 Oh 10 provide, also, That the Con
4titution If the United States, md the law
uf the Upiled States, .'sbail be ihe Suprem,
law Of The lnud; and that Judges in ever,
State shall b. bound thereby, anything il
the Constitution or laws uf ANY Stare TO th'
cpnrsry notwi'hs Ouding" Any law Of at
Individual Sta'e, not in pursuance of tht
Constitution of the United States, is void.
From all this it is plain, that tho C0nStitu
ton Of the United States is The Supreme lav
Of tho land. .,.
| But tho trainers OF that instrument, fore
seeing that u law, Such AZ that you here wisl
10 put into this constitutions, m ght Ge sdop
led, interfering with the provisions Of th'
Cons,itu.ion Of the United States, have pro
vdcd a tribunal 10 adJuditlte upon oil sue
laws; and they have required TINT every ju
dicia officer, IN every state Of the Union
shall take all oath to support tue Ctns'1utlo
of the United States.
The members Of our judiciary, then al
not only 10 be bound by the Constitution an
laws ot the State Of OHIO, but by solem
oath, they arc each, and all OF thfm, to b
required to supper, the Constitution Of tn
Unitod States, and laws of the United States
mndo in pursuance thereof.
u have said, that State Charters Of incor
.porations- -even hank cllhiters,-oher spe
cies Jf chsrters-have been decided by lb
only tribunal, which has authority TO decid
such question 10 be contracts, within ,b
meaning nt the Constitution Of the Unite
States. o a tg
\ Every repeal OF n charter by the Legisla
ture Of nny State Of This Jn,on, and th
. IQueslion taken 10 The Supreme Court of Ii
Unied States, hus been held by that conr
8 10 be violation of TINT clause of the Cor
Istluton Of the United STATES, which say
iha, no Stnte shall pass any law, which sha
! Iinpair the obligation Of contracts.
:. have been denounced for this opinion
+ these decis one, aud my for ud dheFcnce /
: these decisions; but | wish gentlsmen
9 distinctly understand, that cherish no III
+ kind feeling. on account Of their denunci
e lion because can see my way clear.
0 know ,ha am right. J
= Whenever define my position upon III
il subject, poise myself upon tho DECISIONS,
L being the settled law OF ,Ee land. WIre,h'
S these decisions we're at fiisl correctly rlad
G do not say. syaaa M a.aa tas" 81
c There must he some ultimate tribunal, {
y tthe decision q important questions, IN eve
government YOU cannot have governino
j Iof law, At all, unless you have also, son
. tribunal, where ell questions under the Law
I, can At least be settled, and put an end to-
1.lFoE example, ifyou sere 10 start aquesii'
y in tho Commen Pleas, and appeal the dec
. sion Of tho Common Pleas, to the Suprsu
j. Court and the Supreme Court, the .rbun
i- OF last resort. under the constitution, shou
9, reverse the decision of The Common Plea
~ and send back their Judgement 60 10 ca'ri
9. Iout by the court below, they do not sci
e down their decision TO be decided upon, al
70 eIprobably reversed sgain, BY The court belo
ID Iior, il that wero tho case, thsrs would be
D. end 70 litigation.
le The wisdom Of the land, then, has cons
~ tused . tribunal, whose decision shall be
+ lDAl, and has fixed the Supreme Court Of i