The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-19

hSaticn OF contracts. l allude particularly
to the act OF limitation. By this the debt
due beyond a year to cur merchants for store
dealings Cannot be recovered by law. This
not only iinpairs-but absolutely DESTROYS
the contract. Yet no constitutional objection
has been urged against it. Thanks to the
honesty and good faith of our citizens, thew
seldom avail themselves OF it. They howe
yer might. Ana to the same spirit, which
produces a conduct so honorable to them.
do look tor smoothing any inconvcniences.
which might attend the contemplated law.
he same gentleman from the City of
Richmond, terrified MS the other day with a
number OF horrid consequences 90. follow
from passing the billin your hands, into a
law Among the most prominent, was the
INJURY which WAS to result to the planters :
the yeomahry OF the commonwealth, by having
tneir oonds to mercantile creditors, assign
ca topersons without the State. and sued in
u!e leocrai courts; and thae the courts of the
U. States would not be bound by our state
laws-that not only The citizens of MARYLAND.
&c. but the. Harmless of Brit = -, ..a::,ai let
icose upon our citizens. Were such a con-
sequence to follow, i admit it would be most
mlschicvouS; and though | could nor as
sent to the gentleman's opinion, vec such an
OPINION from a gentleman of his high stand
ing asa practising LAWYER in the conrt CT the
Uaited States, tended to embarrass me-
To extricate myself from this emba,rass-
nicnt, ] applied for Information to the lest
authority, which my situation and time
would permit, L mean the Chief I...:ea~r-
the United States. This gentleman asserts.
that the act Of Congress, which has been
read in your bearing, expressly for5ids the
courts ct the United States from taking u-
rlsdiction in such cases. Thus, we have not
only the express letter of the law, but also
the authority OF that Judge, who has to in
terpretand decide npon the law within the
limits OF Virginia, to assure us, that the fears
OF the gentleman from the City of Rich.
mond, are 50 far without foundation.
betus examine now the original bill as re-
portedby the committee, my appreciation Of
which induces me to oppose tho st,bstitutes
Does it in very deed ard in truth impair
the obligation Of contracts. If atfording adj
ditionai strength to any thing contributes tor
ITS weakness if applying frops to sustain
what is about to fall has an effect contrary
to the mature of things, then and not till then
will | believe Cat least according To my pre-
sent Impressions that rendering secure the =
payment of a debt, which if enforced by the
usual course of judicial proceedings, would
DC rendered desperate, impairs the obliga-
ton of contracts and violates the constisuti-
on of the u. States.
FIhe bill in your hands suspends in a mea-
sure the usual Course of judicial proceedings /;
but with what view aad for what reason ? To
relieve your citizens, vino, when. eNportati-
OH was permitted, had entered into con-
tracts, With the assurance that the sale of
their productions would enable them to per
form theW-2t a time when by 40 fauit of
theirs, but by a power which they could not
controul-by the General Government, their
means OF performance were suSpendcd.-
And IT for the general good their Tobaccoes
arc TO be locked up i'll yotr ware houses and
prevented from going TO the Consumers, who
would have tn pay for them, is ii not Just, is
1t not right that those who were to be paid
out OF these Tobaccoes should participate
also for the sake of the general welfare in
the Inconvenience, to which your planters
are subjected?
am tar from viewing the policy of the
bill in the same light with its opposers.-
You viii advert, that Maryland and North
Carolina have passed laws in the express
spirit of the bill in your hands: Will YOU
permit execution against your Citizen in
favor Of Il creditor OF either of these States,
while they deny this to Jour citizens, who
are creditors OF theirse Sound policy, as I
think. forbids this.
Again 1t is not tobe concerted how justice
has been administered for the last twelvo
months throughout the Conmonwe cath. In
some Counties it met with no interruption
IN others 1t was entirely suspended. This
produced a horrid inequality-a mischief
that calls aloud for remedy. TIE contem,-
plated law if imperfect (for I entertain uot
the hope, but it shares in the imperfcction,
which attaches to every thing human) will
afford this remedy better, in my opinion it
Is to have Ar imperfect rule, that will re-
ceive A general aud ready execution. than
the most perfect, if obnoxious and partially
eXecuted.--Such are my hopes the bill
in your hands. 1t will put an end to the
Auctuating and indecisive justice recently
perienced-it will produce uniformity in your
county courts-it will set the commonwealth
at quiet.
On the whole, Sir, as the substitute is IL
able to every constitutional objection, which
can DE brought against the original bill =
as its provisions are completely futile, as
they apply to the great body of our agricul-
.urists-as it purposes merely a prolonga-
ton ofthe replevin law of last session, which
met the most marked dlsapprobation of MY
constituents, ] am decidedly opposed to it.
And rs decidedly in favor Of the bill in your
hands. This bill will perhaps have an in
furious bearing on my individual interest.
but snch a law has been called fer " the
people IN a tone too loud and strong TO be
resisted. And according to the quotation
Of 4 Gentleman from King and Queen fla
%justitia. ruat cGlum," though; heaven fall,