Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-01-10
. COMMUNICATInN


COMMUNICATION.
flhere are few subjects of more imnort
ance 10 the people, at this time, than the
suspension o. executions. II is certa nIy
much to be regretted that the creditor
snouil DC at all restrained IN his recovery
OF Just debt, but atthe same time, the ex.
Extraordinary state of things should not he
Forgotten. In particular cases IT may ONE.
rate perhaps, with extreme severity. mas
much as the creditor may be in ,mmediate
want of his money. but when more ex.
banded view Is taken of society, IL will be
FOUND That the poor are mostly in debt, and
mat II executions are permitted to take
tne'r usual course, that their property will
ultimately be sacrificed, and thrown into
.ne hands OF the rich. Even in this point
OF view, 1t IS of considerable Importance ia
the republican interest, that the property
o. those IN debt, should be guarded from
the grasp OF avarice, usury and speculation.
Ihere never was time in which UsuRY
waved It's baleful sceptre with more success
than at the present, and if executions are
NOT suspended. ITS scope will be greatly en-
iarsed, and Its consequences additionally
/ expressive. -
| 5the laws Of our country decide that six
F, per cent. is a snt6cient premium for tho
loan OF money. and therefore we canno, ner.
ccive why the property OF the de5tor shonld
be sacr'hced,, when the creditor is y,ersect-
ly secured, and IF IL is deemed hyohey. he
| NAV reccive ms interest. II cannot be de-
MED bue that the stagnatio1 OF comm
ana the approaching dearth of money, rem
ger VI impossible 20 procure even reasona.
o'e prlce ior produce. 1t must follow then, os
Course, thar the TarmerSxthe tenant. who de-
mend rttief1y 81 -
must suffer extremely, and that il it is ex
po ed 20 sale At this time, they must snf1er
more whereas, il they are permitted to
keep!t. they viii be enabled, when com
Inerce resumes its woDted channel, not on
~ to pay their creditor or the landlord. but
also'to make something for their families
we are aware that this measure has To en-.
counrer many warm opponents seem,
however, to consider 1t in the language of
Mr.. Burke, IN the solitude of abstract en-
lniry, without due consideration of the
state OF society. There never was. per.
haps, a more just and rational principie of
legislation, than the one laid down by the
greatest law giver of antiquity, /" that A
law ought not to be considered AZ merely
right or wrong, tut whether it is adap, ed
70 the situation of things, and the state of
society
Under the influence of this principle, we
ieei no hesitation in declaring, that aitho'
the continuation of the execution law NAV
De right and just, in theory yet, that in prac-
tee, 1t would be unnecessarily oppressive,
ana unwarranted by the times. Il has been
suggested that the constitution of the Jinit
ed States forbade any interference ucon
tnis subject, when speaking of iDlhairing
me obligation of contracts, but to us II
appears very evident that the constitution
never contemplated any other species of
contracts, than those formed by the frde.
raj government. The constitution, for in
stance, declares that only gold and silver
Shail ne legal tender, but according to
Tate laws, we shall find that bank notes
ana cents may be received, but it might be
inferred with equal propriety, that the con.
stitution Of the u States forbade il. If the
construction which is contended for, were
correct, 1t would, indeed, be serious en-,
trenchment upon state prerogative and lie.
gislation, and would be a source Of infinite
mischief and confusion.