The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-19
ARGUMENT ON THE ExEcuTIoN-LAw
~Comfimned.)
Mr.. Semfie's SUBSTITUTE before The
C O NJ d f z.

II E
After Mi. Barbour, Mr.. ShcGGey address
sed the CHAIR HIS remarks were not pre-
pared in time for this paper But the Oh ain
Of argument viii, moi be essentially broken
by the introduction ofthe subsequent speech
esq
Mr.. ForGes-Mr. Speaker-It is with
great digi lence l address yon on the impor-
tant subject under discnssion-l Shall not de-
tain you long. Not only has the justice and
! policyof the original bill in your hands been
{ called in question but il is maintained 10 be
in violation of TIE constitution Of the United
States; and that no less a crime than per
jury, will be committed by those who shall
vote for its passage.-As this is a severe
charge; as l am III favor of the original bill
as amended and reported by the committee
of the whole, and opposed TO the substitute
proposed by the gentleman from Williams
burg, permit me briefly to investigate the
subject. The constitutional objections at
first urged to the Whole of the bill are now
abandoned, it IS true, and restricted to the
section which relates to deeds OF trust. BY
what magic are these rendered so sacred
and so specially protectedby the constitution ?
The constitution of the United States, which
/ hold in my hand, says expressly, that no
state shall pass any law I" impairing the OBJ
legation OF contracts"-Ttis is a general ex-
pression, which has 10 reference 10 time,
either past, present or future. or to the ge-
i:nu, or species of contract. OF course | do
not see that it pays creates respect to deeds
of trust, which gentlemen hold in such high
.veneration, than TO Simple contracts-lo
the open account which the merchant has
against his customer for goods sold on his
faith i'll the punctuaity of the purchaser !;
or should that TAI, in the recourse wlrch lie
has under the sanction Of the general laws
OF the state against the property OF the debt
or, in common with other creditois. Does
it accord with justice? Docs it accord with
! common sense, that the Individual who
: makes HIS contract with good faith and in
good faith trusts to the probity OF his dectar,
or Should he be disappointed inthis) 70 the
laws and justice OF his country, should he
placed On "a worse footing than those, vino
disregarding the laws o. the state, are a law
unto themselves, and set up anew sovereign
whom they cali Il trustee, WIG is TO ovcrtop
the sovereignty OF the commonwealth, and
set at defiance its legislative and judicial
powcrsf Will gentlemen admit with me-
that we Can with propriety suspend the
Course Of public Justice, when the circun-
stances OF the state require Il; and aiirfn,
that we cannot with equal prOprlety SGs-
pend the operations of contracts made With
in the jurisdiction Of the state, and in their
NY - Z lltAt4b CIN4IT - Nio~l h0N w ~
protection which its general laws afford p
/ need not say. that every deed Of trust male
to secure one creditor is a, injury 10 AL o.
theirs but | viii say, Tor / know ~, that
!tliey are frequently midc tocOver property
from the reach OF all creditors, are founded
IN fraud, and instead Of de=ds OF trust, may
be very correctly called deeds OF iniquity. -
With such views of,them, ] must be excused
from showing them any favor. A gentle
man in opposition to the or, nal bill has re-
minded US, that It vas the policy of Nirginia
to shorten, not to extend cfeG't-l agree
with the gentleman, and admit with him,
that We may not only shorten credit, bal
forbiG it altogethcr-and then what become
| ofhis ~iavorite deeGs of trust?
But to confirm his sentiments, the gentle
man from the City OF BichGrad read 20 tie
House the commentary of an il)ustriCu.
l3tatesnan, on t,1t part Of the constitution
OF tic United states, which ne suppoSes Il
bear on The s~Htject under dlScussion-l how
, lever, difsr win him in his application oil
il and can by no mcaJrs believe 1t wa
meantto haze any reference to- such a sub
Iiect rs is now under discussion-For Mi
r Speaker, it WILDE rcC0ilCctcd by the House
hat The great Statcsman alluded to, whel
| the certificates, issued to- the Soldiers Of tn,
Revolution, were about to BE- funded, though
IL 80 violation of the constitution of the 4
If ) ates, toimpair the Contract between TN
Slider and the purchaser OF his certificate:
= ~ allowing 20 theHdtter only q part of wha
( the United state promised 20 pay.--On tn
# authority then, Of the great character aliu
Ided to. we are justified, as far a. the Coz