The weekly Columbian., 1857-04-18
Sueech Of Hon. J. W. Cofrsth, In tho Senate.
upou q bill te change the incorporation

SD0ech oil Hon. Js W. COuIOSu9 ~ NO 0SA
upon a bill t. change the incorporation
Laws.
Mr. PRESIDENT / rise as an opponent to the
massage of these two bills, and for the time
49, snond in discussing the various questions
connected with the measures, ! ask tue iuoui
gence of the Senate. -.
The importance of the subject.--its impor-
tance to the people---its Importance as prin
cple-might perhaps. justify me in thorough
ly examining the principles contained ID tnese
two bills; but have other reasons. l repre-
sent a constituency who are supposed by some
of the leading newspapers OF the State. to be
Deculiarly the favorites 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.
I 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
iings.n nor gentle speech. to win minds now
dissuaded from the path am now pursuing
l simply present my argument-the dry detail
OF tacts-more convincing than all the beau
ties of polished rhetorcian, when enrooed
with the simple but beautiful drapery of Truth
Nv colleague. (MR. MASDEvTLLE.) whose mo-
| tiyes do not impugn.-and who, am sure.
will give me equal credit fol honesty OF pur-
/ pose.-dffers from me upon this measure.
| which il considered by the Senator from Gala
| veras to be of vital interest. not only to his.
but also to my own immediate constituents.
/ II has likewise been said. | know not how
/ truthfullv. that the Inhabitants of the San Joa-
ou;n valley are. to unit. in favor of their
/ passage and will frankly admit that large
| =, ,,nber of my constituents are favorably dis
- - j to their adoption. But at the same time.
! III th,>ught measure was wrong-even tho
,n, alu ays disposed to bow to the mandates
- -. q neo, >le.--so acknowledge their superior
.,H I' 70 list to the popular voice, and hear
VII. =. nrece ats;-yet, if l thought meas
nsu ~ - :. dical,'v wrong.-that its results
,s VI Haa 'ao-. ii to the great interests OF the
| go. - ~, boun 1en obligations of sol
o-aso oa,atraat ont. red INTO by the delegated
snthor;tv If the naop,'e of the State, upon the
one hand and tigh co. .ltract'ng parties upon
the other-it would not IL after - nc IN wv NJ;
understanding that it wou,1 enc oaSn iaad In F. -
vate rights. even though n.ooh'a'n ra. Ia. cir
responsibility might rest upon .ae IA force me
| nv oath and my convictions, woh III ioie ~
to vote against measure, even thoh.0. ~
ceived such positive and popular sancti> M.
MR PEEsrDeEr. may be rardoned Tor nus
absorbing your attention primarily. In .pii
it of maglanmity to the Senator froIn Caia-
veras-Whose motives are not impugned by
me. but are believed to be good and honest
I acknowledge that vast number OF my con-
stituents. not truly understanding his bills, are
ranked as their supporters. Nearly two months
| ago at wonder desk. in your presence, slr. !
took a solemn oath upon the Holy EVangelisss
to protect nviolate the glorious principles OF
our enlightened Constitution,-to protect 1t IN
tact from the ruthless hand OF lnmovation.-
that to me il should be q pillar Of cloud by
nil li..r of i
PEELED by that oath to preserve every sector
of the fundamental law.-to declare that wha
is right and a property to-day. shall remaii
q right and property Tomorrow S'ctlon 10
of Article l. of the Constitution OF California
reads as follows
!. ART. 1. Sec Is. No bill of attainder, e po'
faeto law, or law impairing the obligation
, contracts, shall ever be passed.
The reading is plain. positive, and should b
convincing. There is no equIvocatlon OF terms
no prevarications in sentences. 1t solemn.
declares that you cannot impair the obligation
OF q contract; and now the question arises =
Does contract exist between the Steam 'av
> Qatiou Company and the people OF the STATE
ne entered into on their part by the Legislature
E,t E To answer t is question, 6nd 1t necessary t
B. 90 back and glance at our past history and let
o. islative action.
ne At the session of 1850. General Ineorpor'
- ton Law was passed. declaring that one
more persons might - he formed into corp
ration" for the purpose OF navigating II
." ocean, or any bay, river, or stream within To
State.' (See Compiled Laws, p 3l1. sec. lS5
Your history proves that there was an unan
.. nous aconiescence in its provisions your TO
mer peers believed that they were right, al
50 that the interest of the State demanded II
!" enactment They thus invited the employme
of capital for the development of this impo
tant department of commerce and is 1t falr
en- presume that as this invitation was freely give
al that as the franchises which they conferr
ed, upon those who might embark in these hea'
ted financial enterprises were cheerfuily offered
that thew intended as soon as vested rights {
crued that the privileges should be taken ava
and that their acts should be construed IN
~ vor OF the spoilation of property? Sir, opl
IL not!
Suppose sir, that you or had formed
Company under the provisions OF that law
would it be wise. constitutional, or in acco
ance with that justice which should exist
tween man and man, if, Immediately after,
NJ Senator from Calaveras should introduce
to repeal or alter the law under which
Company was formedf !.
now Have we right to change this law! ! d
shown that the Legislature has not the po
]. to pass an a post Jncto law-that II has nor
ner, right to impair the obligations Of contract
sfac- The first question, then that arises, isis
= contract between the Legislature ana
Company! believe it is. Company
been formed. under the sanction OF . law OF
Legislature: and according 20 the best \
authorities this constitutes = contract betv
Ts, 1ne uSsn' Ssrnv too % to dnd & that the views Il
have taken upon this question have been
Cured in by high legal an hority: Sir,
early days were not spent in studying !
lore might perhaps. therefore. be sor1e'
vari- difident in taking the position ! bold
sired ,ras ip Airact ont1OstiOn I'd the views enter
n .aAFe