The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-14

80 h'1 SNi.AN
breath. threaten us With tho vengeance OF
iieayen. 1t we vote for the postponement OF
the paymeptof money due by deed of trust ?
They say that the manner of enforcing pay
ment by deed OF trust. is one of private con
~vention between the parties, and therefore to
Interfere is to violate the obligation ofthe cot =
tract low we Contend that a general law.
prescribing TIC mode of recovering debts, is
rs completely interviewer into every contract.
as thsugh it M're set forth i'm the contract
that the only difference is, in a deed of trust
the right is expressed, in the other, though
not expressed, yet distinctly understood.
n gives hrs bond for fifty pounds. The
Jaw ot The land, under which the Contract is
made. declares if the money be not paid, A.
may be prosecuted to judgment and execu-
,i"n upon which, ne gives a forthcoming
oond' which, it he forfei,s, a right immedi-
ateiy accrues to the oblige. by motion, to OBJ
tam an -e%ecution, upon which, no security
OF any kind, is to be taken. We, without diff
tcultv and without the impeachment of un-
constitutionality, declared that this debt
sa=4:;; ;:;i * stiivTusd, but suspended iii "a
future day. Now is it possible, that any
gentlemn, upon mature reflection. will say
nat the rights, which had accrued under
existing laws were not as sacred as 4 right
which had accrued undera deed of trust !
but, say the gentlemen, the difference is
n TINS: that iii Il deed of trust. no aid is ask
Ell Oh our courts, therefore we have a eltright
10 Mterpose, whereas, in the case of bonds,
they have to appeal TO the courts for relief.
andif we furnish it, we have a right to pre-
scribe the conditions. We answer, that tho
eeds OF trust are an extraordinary method IF
e forcing the payment of debts, and exist
rather BY the indulgence than the sanction of
law, yet they have no other dependence for
their obligation than the aid of law that if
SOC ETY. has INDUCED this anomalous case. i'm
VIII Oh a party becomes the carver of his
own remedy. vet SO soon as it is discovered.
that that indulgence has operated an injury,
society may withdraw it's aid. For if the
-rustec proceeds to sell before the purchascr
GIN possess himself of the subject sold, he
must have recourse tolaw for relief and The
same principle, which ~justifies a Legislature
n Withholding IFS aid, tOr the enforcement of
nc payment OF money guaranteed under So
'eInhitIes OF their own creation, will certainly
Justify them in withholding their aid TO the
contamination of a remedy rather the sub
ct OF its aversion, than entitled to any pc
culiar protection.
The fact is, we only suspend, we do not i'm
pair the obligation of a contrac.. The obi
CATION of the contract, is the payment of the
money as we'll in a deed of trnst. as in a bond
when then we have suspended in their o.
2"ration, the latter, to affect a sgueamishness
towards the former, is but little better than
licking at pap and digesting steel.
One more remark upon this part of the
subject. Let me enquire what is the con-
tract in a mortgagee There the mortgager
conveysin absolute right the land with 4 de.
teaZancc, that itthc ii0iicy he paid Nv q ~
ven day, the conveyance shall be void. Yet
we all know, that if the money be not paid
the courts OF chancery interpose, and in the
! lace OF the contract OF tl,e ma rtioC apiOin ~
mortgage from taking possession of the land
Dld any one ever hear from this circum.
stance, that the obligation Of the contract
was impaired We know further, that 8
court OF chancery always too INDUCES the
party some time before the sale is to take
place. AnG it certainly is an extraordinar,
position, to say, that a fragment of sovereign.
ty cando more than the whole. The court 81
chanccry, goes upon the principle Of hard
ship, on the one hand. and with a view to tit
intrinsic essence of the contract on the other
If the money be paid, they know it is all
that was Intended, and to mitigate the seve-
rty OF the law by a small share of indulgence
has never been branded with the cpprobri
Gus epithets of violating the sacredness o
contract or the principles OF the CONSTITUTE
on.
To conclude, sir, the present is the mos
tp0rtentous crisis, that the world has eve
seen Ilat faltn winch hitherto constituted
the cement OF the social world, has been bro
ken The usual relations have been inter
rupted our honor and independence hay,
been nenaced our own government, to a
void the storm, has prudently locked up on,
! harbnrs /; the usual means of acquiring mo
ncv are THEREBY entirely DESTROYED and tn
people, in the present disastrous times, or,
aloud for relief. 1t is vain 10 saw, that parti
nj inconvenicnCies will occur. That is a M,
I fortune inseperably incident 10 human Lrgi-
; l%ation. Providence, Itself, is not exempt froI
I the condition. The great question is, wi
not more relief be administered than mis-
chiefdonc? If so, let the original bill pro
: greSs, and not give way to the substitute tina
: is n~ only liable to all the objections of the {
riginal, but has none Of its advantages.
I | have done my duty, and shall take tn
; liberty of recording my vote that anids
> the murmurs which shall arise, if the la b
> not passed, ] shall be able to shew the PEI
= pie that my skirts are clear.
4 CIrYu1lemt To be continued
G The preceding are mere sketches an,
skeletons of the spec cheS-F1r these Sketches {
the argument, we are indebted TO Che gentleme
: themselves.
" The letter in the last Esprit of 70,
from Mr.. Taylor, to the Editor of this pa
, per, shall be duly noticed hereafter. Al pre-
" sent, there are things of more importanc
to engage the attention Of the Enquirer.