The weekly Columbian., 1857-04-18
speech Of Hon. J. W. Cofrreth, In the Senate.
upon q bill to change the Incorporation
Laws.

upon q bill t. change the incorporation
Laws.
| Mn. PRESIDENT rise as an opponent to the
passage of these two bills, and for the time
may spend in discussing tine various questions
| connected with the measures, ask the indul
gence of the Senate.
The Importance of the subject.-its impor-
tance to the people-its Importance as prin-
ciple.-might perhaps. justify me in thorough
" examining the principles contained in these
two bills; but have other reasons. repre-
sent constituency who are supposed. by some
of the leading newspapers OF the State. to bt
peculiarly the favortes of the bills introduced
by the Senator from Calaveras, (MR. NoRMAN.)
| ask, then, as peculiar favor that may be
heard at length upon this question: in my own
vindication.-more especially as it has been
stated that the fiat has gone FORTH that ! am to
be mathematical for my opposition.
| have no rounded periods for Senatorial
ears.-I have no well-wrougbt sentences for
intellectual mastication,-nO troupes OF meta
phors to catch the attention of the ground
lings." nor gentle speech. to win minds now
di-suaded from the path am now pursuing
simply present my argument-the dry detail
of tacts.-more convincing than all the beau
ties of polished rhetorician, when enrobed
with the simple but beautiful drapery of Truth
My colleague. (MR. MASDEvILLE.) whose mo-
tives do not impugn.-and who, / am sure.
will give equal credit fol- honesty OF pur
pose.-difers from me upon this measure.
which is considered by the Senator from Gala
veras to be of vital interest not only to his.
but also to my own immediate constituents
1t has likewise been said. l know not how
truthfully. that the Inhabitants of the San Joa.
| quin valley are. to unit. in favor of their
passage and will frankly admit, that large
\, ,mber of my constituents favorably dis
nose 4 to their adoption. But at the same time.
IL IN, >ught measure was wrOng.-even tho
am aln 'ays disposed to bow to the mandates
- ~ a neo, >le.-to acknowl ledge their superior
I'll 20 list q to the popular voice, and hear
ken 70 ii, prece Nts;-yet, if l thought meas
nr- was r. dical.'V wrong.-that its results
would work esi to the great interests OF the
State. impair the boun'en oDilga.lons o, a sol,
e,nn contract. entered into by the delegated
anthoritv of the neop,e Of the State. upon the
one hand. and high ca. .ltract,ng parties upon
the other, would not n, after 20 me- Win tne
understanding that it wou,i encsoacn on pri-
vate rights. even though mountain ioau oi
responsibility might rest upon ,ne sN
my oath. and my convictions, would force me
to vote against measure, even thoh.Vn H'e
ceived such positive and popular sanct,rn.
Nh PRESIDENT. may be pardoned for nus
absorbing your attention primarily. In spin
it Of mag laIimity to the Senator from Gala
veras-whose motives are not impugned by
me, but are believed to be good and honest
! acknowledge that vast number Of my con-
stituents, not truly understanding his bills. are
ranked as their supporters. Nearly two months
ago. at yon,er desk. in your presence, sir.
took a solemn oath upon the Holy E7angelissS
| to protect inyiolate the glorious principles of
cur enlightened CONSTITUTIONS to protect it in
tact from the ruthless hand of innovation
that to me it should be pillar of cloud by
day. and pillar Of fire by night" | am COM
PEELED by that oath to preserve every section
of the fundamental law.-to declare that what
is right and a property to-day. shall remain
a right and property tomorrow. S'ction l6,
of Article /. of the Constitution Of California,
reads as follows
ART. l. Sec. Is. No bill of attainder, "a post
| faeto law, or law impairing the obligation OF
contracts, shall ever be passed"
The reading is plain. positive, and should be
convincing. There s no equivOcatiOn OF terms,
no prevarications in sentences. 1t solemnly
| declares that you cannot impair the obligations
| OF contract; and now the question arises -
| Does contract exist between the Steam .,avi-
| gatiou Company and the people of the State.
entered into on their part by the Legislature
| To answer is question, fnd 1t necessary to
| go back and glance at our past history and leg
| islative action.
| At the session of 1885, a General Incorpora-
| tion Law was passed, declaring that one or
| more persons might =. be formed into a corpo-
| ration" for the purpose of navigating !" the
ocean, or any bay. river, or stream within this
State" (See Compiled Laws, p 3l1, sec. 1876. }
Your history proves that there was an unani-
| nous acqniescence in its provisions your for
mer peers believed that they were right, and
that the interest Of the State demanded the
enactment They thus invited the employment
OF capital for the development of this impor-
| tant department of commerce and is it fair to
| presume that as this invitation was freely given,
that as the franchises which they conferred
upon those who might embark in these heavy
financial enterprises, were cheerfully offered,--
that they intended as soon as vested rights ac
crued, that the privileges should be taken away
and that their acts should be construed in ia
vor OF the spoilation of property? Sir, opins
| not!
Suppose, sir, that you or had formed {
Company under the provisions of that law :
would it be wise constitutional, or in accord
ance with that justice which should exist be
tween man and man, if, Immediately after, tn
Senator from Calaveras should introduce bill
to repeal or alter the law under which tha
Company was fornedi
; Have we right to change this law! hav
shown that the Legislature has not the powe
to pass an a post Jnao law-that ii has not tn
!, right to impair the obligations Of contracts
The first question, then that arises isis thl
. contract between the Legislature and th
Company! believe it is. A Company ha
been formed. under the sanction of . law of th
Legislature: and according to the best legs
authorities this constitutes contract betwee
the Government and the contracting parties
> / am happy, too, to find that the views that
have taken upon this question have been col
Cured in by high legal au hority. Sir, n
early days were not spent in studying leg,
lore /; / might perhaps. therefore, be soiHewb,
/ difident in taking the position hold, if