The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-31
There is orc section IN the bin, which No, on.

the United States, from passing laws i,a,airin-
the ORIG = ion OF contracts, 4 yet this bill pro-, 4
ses To suspend the execution Of solemn contracts
Against the express st;piiations OF tie contract
'nS parties. The idea of the gentleman from y
MIR. b. proves that no law can he uncon-
sttuuonal. unless it destroys the whole contract.
In my own opinion, 1t is much more correct to
say, that every law which varies the express a.
grcemcnt of the parties, impairs tue contract OH
one side Or the other. :
The same gentleman has told us that there is
no aistincti6l between a common obligation to
pay money, and a decd of trust. There appears
to me a strong and seif-evident distinction. IL.
an ordinary contract, to pay money, the parties
supuiate asto tic rigks, without III ,kins shy pro-
vision as to the remedy. 1t is understood, that
i pay snent is not msde, a resort 10 Il suuvt of Us.
tee is u,dispen able, to enso. . and execute tie
contract, and it is equality understood that The
courts are under the coi,trcl of the law existing
when the remedy is sought. Bat in cases oil trusts
tue parties stlpulate as TO The RIGHT and the rea,e-
dP, and . resort to the laws is not only Implied.
b~ureNpressiy provided against. Hence. in the
one, the contract being silent, the law may inter.
iere-bnt in the other. the pa.-ies havin,; dacla
red their assent, that assent cannot be varied, by
law, without impairing the obligation OF the con,
tract.
We are the only nation who have ever attenp-
ted to interrupt the course of Justice. Otiier ma
tlons have experienced great caiainities, and yet
history docs not aHocd us one instance, where "a
similar eXpelient has been resorted to. Great.
Sritain Notwithstanding the im,ncnse debt which
she owes, and the misery aud dis,resses of u
great portion of her subjects, has not yentured
upon a measure of this kind. If. in the present
tunes, she should adopt something like the bii
on your table, would 1t not be cs,tse for eXutta.ion
with us ! Would we not very nationally conclude
that our measure had brought her to our feet
independent of the demorallzing effect which
tins bill must h.ve-What will be the state of
your country, when the present times shal! have
passed away ! You mastat some time, l presume,
suffer justice to have its course, and what will
be the situation of the debtor, when the weight
OF accumulated debts shall fall upon him? You
VIII then be spilled 60 for relief, and If you are
then las gentlemen appear to be now governed
oy feelings alone, you must apply the sponge
Surely you are not yet prepared for this expedi-
ent
MONDAY, January 9.
Mr.. Se1ab.e observed, that when gentlemen
stated the provisions of this bill would relieve
The farmers, THEY took it for granted, that the en-.
oaTrassmen,s arising from the embargo were W
ry considerable but that for his own part he
would not admit the fact thatthe United States
.hsd enjoyed twenty years of commercial pros
lerity aud shall we then, on the very first Ci1u-
dv day; intnl II. the world that we could NOT with
stand the least embarrassment ?-Gentlemen say,
t'iat tins bill VIII relieve debtors ; in what way
= v aIC tiFte Glasses OF uSDlDrS inc good,
che bad and the doubtful If the debtor happens
70 be a good one, does this bill furnish any secu-
rity TOR debts which are already secure Bus
II the debt Is OF a doubtful description, who is ii
that makes 1T secure , Does not this bill promote
the bensht of the creditors, at the expense of an
innocent security ! If the debt be a bad debt,
IN what other %ay 30 you secure u,r creditor,
OUT at tie same expense of an innocent seCuri-
" A.! It's he that pays il, and not the dishonest
aebtor The remedy then is worse than the dis
consistent Is the Legislature IA the
course which they are pursuing We are amend
ing the Judiciary Wv are giving anew or
ganizstion tothe Court of Appeals, and perhap6
Chansery powers To the General
Conrt We are thus facilitating and eXpedIting
the administration OF justice. Tomorrow we
may perhaps make these Innovations; and yet
this very day we are declaring, that justice IS 100
much ~eXPedited-the party must have the prIvi-
edge OF waving pAyment-and that delays must
since our revolution, IL has been
The policy of thciegislsture, to prevent the ex-
tension ot credi.-and yet, this day, we are III
ring credit a most enormous extension. What
is there in this course of poiicyel
During the last session, the Legislature interior
I'd for the benefit of the debtor-Ibey are now
proceeding with new interpositions-And for
: What Is the price of produces at market?
The credit price OF articles is nearly as great now
IS evsr-M. s. urged many other strong oDser-
'ations in opposition to the bull.
Mr.. WUt rose, and in a burst of eloquence,
VIC have rarely indeed heard oqualied, ex-
pressed his opposition to the bill before the house.
L is impossible fo: US to pursure him. The fol-
SWING is the merest sketch possible of his OBJ
tervations. 1t does not pretend TO be any thing
Ike his speech ii merely sketches out the
general scope Of his argument
We have been tod, observed this gentleman,
the bodv polite is sick-some medicine must
'e administered Gentlemen say, this bill is
IA anodoyne for all its complaints but for my own
part, | consider it as SO much arsenic, adj
ntnistered to the affection Of the nation. Ii tie
are laboring under dist esses-if they re
need rclief-wili notthc House take time to
Examine the mode OF relief Ii they ask for
bread. shall we give them a stone! Ii for meat,
snail we present agilded serpent,to fasten %ontlieir
arteries < 1ningie its poison with their blood It's
nut a momentary sunshine, tiat these regulations
will shed upon the coWltry-i0r by 8. bye, tte ten
pest will return, armed with tluiders and clouds
and gloom. Though you dam up the state courts
the deSolatiDg storm will burst upon tbc poo
pie through the federal courts. 1t will begin its
first in our towns-but soon At wall
burst upon the inhabitants of the country, seek
the farmerin all bis boosted security, aiid sWeei
away lne focks, his herds and his harSests.
The people feel the pressure Oft Embargo |
III az camnowexsctthe payment ofhIs asJts, |
but by taking the property Of his debtor at Tires
fourths offs estimated value. We have had cases
OF distress. Might not these Cases he covered
by extending over them tie benefits oftlie repie-