faith, and whether that was to be lightly violated. Whatever might be the power, even with the repealing clause in the charter, and with the clause in the constitution of the United States, in relation to the violation of contracts, stricken out, we must not advance a step in the matter, beyond the public feeling. You might have more power by such provisions, but the question would still rise, whether you had more right; and he considered that it would be entirely improper for the legislature to act in matters of this kind in a legal capacity. He believed the time never had been in this state, when the legislature of this state considered it safe to take upon itself, in a legal capacity, or exercise the proper functions of a judicia. tribunal of the country, to decide questions between individuals. The people of this country would stand upon their rights, whatever the power of your government may be. We come from a stock who stood upon their rights whenever they were encroached upon by power even as far back as before the revolution of 1688. The people even at that early day stood upon their rights. There were then to be sure political oppressions, political injuries, and wrongs done against general principles; but in a question of private right the people resisted all power. As long ago as the time of James I, when judges held their places at the pleasure of the crown, a circumstance occurred which showed the spirit of these people. At that time the king granted to one, of the barons of the exchequer, a commission not in the ordinary manner at that time, but to be held during good behaviour. He supposed the monarch thought that his power was sufficient to make him yield up his commission at any time, and it was little matter what kind of commission the baron held. The king afterward, for some reason, required of him to surrender up his place; but the baron stood upon his private rights, and challenged the power of the monarch to deprive him of his place. He did not take his seat afterwards on the bench, but he held his place until his death, and the king never attempted to deprive him of it, because he knew there was a matter of private right involved in it which never could have been touched without raising a flame in his kingdom that would not easily have been extinguished. It is on this great principle that all your rights ultimately rest. It is on that principle that your inferior corporations and all your institutions rest secure; and destroy this and there will be nothing but oppression and wrong. It is this great principle which secures confidence to your government, and keeps it on its onward course. Your government is continually changing hands, but the public faith is always kept in view by all who come into it. In the course of five years, perhaps, there is not a single member remaining on the floor of your legislature; but the foreigner or the native, the stranger or the citizen, knows that when he deals with the government, knows that he deals with those who never violate their public faith. If this was not the case, individuals would have no chance to contend with the multiplied power of the govern ment. If, however, this question of private right is yielded up and the government have power to violate it at will, no man is safe, no man is secure, and the people remain in a worse condition than the subjects of a European monarch. But he apprehended no danger from this crusade against corporate rights. Whenever men come to vote on questions of this description, right will prevail over political feeling. This matter is all well enough, and is raised out of doors for the purpose of obtaining, or maintaining political power; but the moment these men come to act on their responsibility to the people in the legislative halls, they concede the point they contended for out of doors, and do not attempt to violate this great and overruling principle. AGNEW, Mr. (of Beaver)-Previous question called by, Remarks of, on calling same, Remarks of, on motion to amend Remarks of, on motion to amend On Mr. Martin's motion to Remarks of, on amendment to 41 92 193 37 37 205, 206, 207, 208 |