The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-03-28
A COURT DECISION
Declares There Ia no Law OF Cham
pcrty In this State.
HON. JNQ. S. sTlNN DISCUSSES
Tho Subject with All Its hearings.
Ihs Meaning of Article 1, Section 10
ofthc National Constltut ion-.ShOuld
the U. S. Supreme Court Take Juris-
diction In Matter Delegated to the
State Courts?
LETTER so. ..

Il'ri!iea for ths iH'dtgenctr
ARricLEl, SECTION 10, CONSTITUTION or THE
ESlTED stATGs-No statc shall enter Into my
treaty. alliance, or considerations grant letters
OF mark or trprlsal: coin money; emit bills o.
credit; make any thing but gold and silver coin
ntendGr IN payment OF debts: pnss any BILL OF at
ibinder, or cS post iact0 law, or law lmpairIhe
the obligations Of contracts, VI grant uny ile OF
mobility
When l havc concluded what | have
to say upon this clause OF tho constitu-
ton, ! shall address myself to tho l4th
amendment. ! shall address myself to
few OF the specifications in this Sec
ton, because tho reasons Tor the other
specifications arc uumistakable.
10 properly interpret this clause in
the constitution We must place our
solves as near may be where the trainers
0ftho constitution stood at that day, and
look around at the then state Of the coun-
try and the tendency OF popular opinion
and OF legislation. For II is impossible
10 understand anything unless VIC first
understand the cause OF that thing 1t
was the disposition OF popular opinion,
OF legislators in most or nil oil the states
to issue paper money and make it q
legal tender, and thus to indirectly i'm
pair obligation oil contracts with de-
preciated currency-n form OF repudia-
lion. Hence this clause prohibiting the
statc, from making anything but gold
and silver legal tender in payment OF
debts, and TO make coin itself OF intrin-
sic value, the right OF coinage is oxclu.
sively delegated to Congress to secure
this coined money from alloy.
n
or to impose penalties after tho conf
mission OF q crime which did not eNis t
when the crime was committed. as had
been done in Great Britain; hence the
clause preventing eX post facto laws.
There was q strong tendency to put re-
striction on the commerce between tho
people OF the states by duties imposed
by tho mIratime states; hence the
clause prohibiting the states from i'm
posing duties on imports or exports.
There was strong tendency to make
distinctions in the courts and by logis.
lation between tho citizens OF a state
and the citizens OF other states; hence
the clause preventingin sweeping terms
the states from making any law i'm
pairing the obligation OF Il contract.
The word "pass" is used (ot this here
alter. And very strong tendency
within the courts and the legislature
and the luries as well go to act and to
do as to deny to non-residents the bene-
fit OF the general law secured to tho
citizen; honce it was that the sovereign
~ OF the states in these and many other
particulars was in terms delegated to
the supreme power about to DO inaugu-
rated under the constitution.
Tho corornront Of tho ITnitoa st,tos
4"o n''o'e"' ~ . '. -, ~.
ana supreme court was pro'iueu loF
to compel tho enforcement OF these
constitutional provisions. The fathers
did not mean to form government OF
sand, but Government ali powerful
and supreme in the exercise OF the DOW
ers delegated. Tho Jurisdiction con.
ferrcd on this court must Of necessity
so far extend as to secure to each and
every citizen the same right rs il nc.
corded TO every other citizen in the
matter Of contracts. their obligations
and their enforcement. by the fixed
rules OF pleadinrs: otherwise BY chang.
ING the rules OF pleadinr. and practice
i'm n Given case. even when the change is
made by n court, would most certainly
not ONLY imnnir tho OBLIGATIONS OF the
contract INIT prevent its enlargement
Tor all contracts are made with referepce
IN tho rulce nj nloodinrs Ec, ior thoir
hear;rr and enlargement
6 Now the courts nj Tho state and moro
n,rticrlorIv thn ch,nrnrv courts mor
md often do in ono way or another i'm.
oair the OBLIGATION OF n contract bv n
change their rulings, both in iurisnru.
dencn and nlaadinns When this is Iona
bv court ARBITRARILY and in detinncc nj
law "a settled hv rhonccrv courts Il
ycrv CLEARLY gives Jurisdiction 70 The
United States Supreme court to correct
such judicial ler;slat;o, inot thon II
would bn in tho mower oi lhc apnrlInto
court Of n stoto not only Ia imnair hnt
10 destroy tho ohliootion nj ron.rnct
for Tho sc,tla1 rnlos nj nromertv otc
and tho tenure OF pronertv once dolih,
crotclv f;vcd NV thn np;torn, rul;rr, ~
court, cannot bc 'chanred nrhitrnrilv Nv
INV mower or form or mode ri ovarc;:.
inc nowcr in or hv any state auth oritS
Now cons;dor losSos n;n;t"t;nnI !,
assortinr richts o:r Mo chonco ~
courts tho worId ovsr boyo nv tbo;r mi
inrs made The timrt n const;ti,e Msbs, c ~,
TAN and Mi mon art !, # nsa W. i; i r,,io
nj nointo;,;nr tho;r r;,Lts ,nJ 49,,
loot 70 tLosa rnIns for thoir s " wv "
nroncrtr and ior tho onforconan. " "
fhc oblisstione nj contraots T%n so y.
nro;on,v ~ flo stote in lila o,d ." NJ e ot,,
or laws en,;ne,;r" from. n,r .' ch "r os,
corrt NJ onronis i and o,on hna' I h.ayy
ros,od in the" nat II" AMY d;ro ay Icy, ooi,i
Iation INIT Nv omr c;yV;.aJ;on ~ and ~ Us u.s.
tac;t conso,to ~ III Frrano "nl " irao. tne