The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1856-03-19

eminent domain and the right of taxa
tion arc not distinguishable. If the
West River bridge case be sound COZ
stitutional law, as think it is, then it
must be true that the Supreme Court Of
Ohio is right in holding that the Asgis-
laturc of l845 could not deprive the
Legislature of 1851 of Its sovereign
powers, or any part of thena." Upon
page 404, fud the following conclu-
sion OF the learned and able judge /:
q That according to the constitutions Of
all the States ofthis Onion, and even
of the British Parliament, the sovereign
political power is not the subject Of con-
tract, so as to be vested in an irrepeaI-
able charter of corporation, and taken
away from and placed beyond the reach
of future legislatures that the taxing
power is political power of the highest
class, and each successive legislature,
having vested in it unimpaired all the
political powers which previous legisla-
lures had, is authorized to impose taxes
on all property in the State that its con-
stitution does not exempt"
Upon page 407 I find the f0iioEinE
language of Mr.. Justice Campbell: "ET-
cry General Assembly is organized With
the charge of the legislative powers of
the State. Each is placed under the
same guidance, experience and observa-
tion, and all are forbidden to impress,
finally and irreToeably their ideas OF
policy upon the political body. Each,
with the aid of an experience, liberal
and enlightened, is bound to maintain
the State, in the command of all the re:
sources and faculties necessary to full
and unshackled selfgovernment. No
implication can be favored which con.
yicts legislature of a departure frOm
this law of its being"
Mr. Justice Daniel concurred in "the
views So clearly taken" " by Justice
Campbell.
In the case of Ohio Life Insurance
and Trust Company Vs. Debot, decided
at the same term, upon page AL, find
the following strong language of Mr..
Justice Catron: "My conclusion also,
was. in the above case, that if such re-
s:raiut had been attempted, it was mop
erative for want of anything in q Iegis-
lature to vest in corporation BY con.
tract to be held as franchise, and as
corporate property, a general political
power of legislation, SO that it could not
be resumed AID exercised by each fu-
ture legislature That different doc
ttine would tend to sap, and eventually
might destroy the State constitutions
and governments, as every grant of the
kind, to corporations or individuals,
would expunge 30 much of the legislz- (
tive power from the State constitution
as the contract embraced and If che
same process was applied to objects Of
taxation, first ono and then another
might be exempted until all were GOV.
cred and subject to the same immunity,
when the government must cease to OK
ist, for want of revenue.
In the same case Mr.. Justice Daniel
holds the following language, page 44s: g..
g can never believe in that to my mind.
suicidal doctrine which confers upon one
Legislature-the creatures and limited
agents of the sovereign people-the pow
er by breach of duty and by transcend.
ing the commission with which they are
clothed to bind forever. and irtevocably
their creator-for whose benefit and by
whose authority alore, they are delega.
ted to act, to consequences, however
or destructive. The argu-
ment of the Court, in this case leading
in my apprehension to the justification
of abuses like those referred to, I must
repudiate that argument" and Mr..
Justice Campbell, speaking of the opin-
ion of the Chief Justice, says, fls
this opinion sserely to say that | do not
concur in the opinion which has been de-
livered ON the points wherein any Of
those questions are directly or indirectly
have cited these opinions of emf
lent judges to show how strong in rea-
'on. and in legal authority stands this
doctrine to which We adhere. We have
1ere, in support of this principle, the
i've Supreme Judges Of the State of
Ohio, men eminent for ability and learn
ing, and also the dissenting opinions of
J Justices CatroD; Campbell and Daniel,
IF the Supreme Court of the United
States. The doctrine eontended for by
Senator's who advocate this exemption,
s sustained by bare majority of the
Judges, and look forward with hope to
he decision ofthe case now pending in
he Supreme Court of the United States;
20 wholly over-turn the authority Of the
,ase from which have just read.
This doctrine, for which We contend;
Mr. President, is progressive: The pub
10 mind will break off the shackles with
which common law Judges seek to fettef
he power and will of the people in their
capacity endangering their
lights, and cripplirg their Resources
r6en we shall call things by their
light names Instead of calling them
contracts, We shall call them as they nrei
riffs, immuuities, privileges, which may
3e revoked whenever the public good
.eouires il. If this is Reputation, I am
,royed to be repudiator.
With confidence, t commit all these
,uestions to the sober second thought
# the people For fifty years that So
Der and deliberate judgment Of the peos
lie has never erred. It has rectifed
III errors-=is has righted all wrongs.