The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1851-03-05
For The Spirit of Democracy.
CINCINNATI, Feb. "a, 1851.

proceed to give short sketch since my
last. Last week Judge Swan, Of Frank
lin, moved an amendment TO the legsla-
tive report that private property taken for
public use in case of war or public ex-
gency should be paid for in m oney. That
In all other cases private property should not
be so taken until the value should be asses
ed by jury in court of record and first
paid for before being taken. thought that
this latter provision would unreasonably
distress us in making and opening county
roads. So made motion to amend the
amendment so as to put roads on which
no toll is charged in the same situation as
the property mentioned in the first clause,
that is simply TO be paid for in money. |
saw great difficulty in forbiddng a super
visor 10 take timber or stone to mend
bridge or road, until jury could sit and
verdict be given and payment be made
before hand. To get pay before hand
would occasion journey TO the county
seat in all cases.
Yet after hard struggle my amend
ment only prevailed 48 to As. This affair
shows to my mind disposition for minute
Legislation in too many of our members.
In the corporation report the question of
repeal came up. | offered an amendment
containing the following points. No COR
porate powers ever to be granted in per-
petuity but for term of years only.
Internal improvement corporations not
10 be repealed unless found guilty by
jury, in court according to the ordinary
rules of law and evidence; or if not &C.
cused unless the county or counties, city
or cities concerned would pay the value
of the improvement. All corporations for
other purposes, than internal improve
ment to be left to the absolute repeating
powers Of the Assembly, with one qualif.
cation only, to witt that the mode Of re-
peal be pointed out in the act creating
them. And all corporations for any pur-
pose whatsoever to be created and gov
erned by general laws only. This propo-
stion is more favorable to internal i'm
provement corporations than to others. |
think they are more necessary. An indi-
vidual or small partnership can set up
an iron furnace or cloth factory. The
capital required is comparatively small.
To make line of internal improvement
is very different matter, and requires
much larger capital. If my proposition
had been adopted would have been will
ling to require all internal improvement
corporations to get leave of the General
Assembly before going into operation. 1t
was not adopted.
The same report contained provision
allowing internal improvement corpora.
tions to get the right of way, by the ver-
dict of a jury assessing the damages,
without any regard to resulting benefits
accruing TO the Landholder from the i'm
provement, and those damages to be first
paid TO the Landholder. This provision
was regarded by pretty large majority
as too favorable to companies of associates
and it was stricken out, | voted with the
minority. My impression is that we in
cur the danger of Throwing too many diff
culties and discouragements in the way of
internal improvements. Those improve
ments must, in future be made by compa-
nies or not at all, for the new constitution
cuts up by the roots the old fraudulent sys.
tenn introduced by Clinton, of State treas
ury grants. for such purposes.
Then the Bill Of rights came up and the
doctrine Of unqualified repeal, as to future
associations was inserted in that. If cor
porations are formed by general laws only,
this power of repeal will not affect them
much. But if the repeal power is so mod
flied as to bear upon each little turnpike
orplankroad corporation separately, it will
increase the central power at Columbus,
immoderately, and will discourage asso-
Citations for such purposes. But the ne
cessity for a new constitution is so great
that we must bear and forbear, give and
take little, and trust to time and sober
second thought for help and aid. If we
60 into opposition and try TO reject the in
strument because some things are put in
against our wishes, others may do the
same, and then we never will get new
constitution.
Most Respectfully, &c.