Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-01-04
RICHMOND. JANUARY 4, Is,7.
VIRGINIA LEGLSK1 TURE.
HOUSE OF DELEGATES.

-" View not in the House of Delegates
when the Suspension Law passed--thc follow.
ing has been handed TO as the substance of
the observations delivered by Mr. SmVth of
W ythe, OH that occasion.
Mir. Sjsyth said that the bill was not in a form
entirely to command his appi obation. He was
by no means satisfied with that partofthe bin
which gave currency to the notes of the banks
OF fIartetia In Ohio, x Union Torn in Pennsyl-
wanna nor could he see any reason for selec
ting these from the hundred banks of Pensvi-
wanna and Ohio; but he would consider whe-
ther the bill contained more good than evil f:
and Il so 1t would have his vote thereby TO
secure the good that it contained and he
would rely on the other House, To reject the
evil
lie proposed to enquire first, whether the bill
IS consttu tional; andsecond,yr whetheritis just
and polite
Two objections are made to the CONSTITUTE
onality ofthe bill. it'is said that il makes bank
notes tender, contrary to that clause OF the
Constitution Of the II. s. which declares that no
State shall make any thing tender but gold
and SILVER coin; and It is also saId that the bill
violates that Clause of the same constitution
winch says that TO State shall pass any.
law impairing the obligation of contracts.
He admitted the Legislature could make no.
thing tender but gold silver. He then
defined a tender tn " be an offer by the debt
or to pay debt, which offer he may plead in
his defence Do we authorize the debtor to
make any such offer? No, we do not We
say that the dcbtshall be repleyied; bat that e.
ven this shall not be done, if the plaintiff
VIII otter to take Bank notes, the only money
III circulation
Tits not the defendant who may offer TO paw
Bank notes; il is the plaintiff who may offer 10
receive them.
iiut II Is said we impair the obligation of con
tracts. The Convention probably had in mind
the laws of Virginia, against the recovery of
debts due 10 the British creditors: those iayys
90 impair the obligation of contracts; aud
ne convention perhaps intended to prevent
the passage of such laws by any OF the
states IN future. But can replevy law be
SAID 10 impair the obligation of ccntracis2 If
So how often has this Legislature offended
lie constitutlonaity Ofthe execution law of
1872 was never questioned: yetit is case near
Is III point. There t"e debt was to be repIe-
wed. unless the property would sell for three
tourths Gifts value; here it is to be reolevied.
unless the plaintiff offers to take bank
notes. ! apPretend neither can be said 10 I'M
pair the obigat ON of contracts
We have the over 30 regulate the remedy
for the recovery of debts; and whether that
remedy be s'.nmary slow, in neither case
GA me legislature be charged with impair
ing the litigation of contracts.
lhc Legislature are bv the clause oftbe CON
| St'iuhon in question, forbidden TO deprive 6tir
contracts OftheiT inst obligation. Such is the
| construction which give to it. The court set
ASIDE unfair and oppressive contracts; as those
founded III fraud, catching bargains undue
advantages, Sc. The Legislature aumul cou-
lraeis against The policy Of the State; as those
founded on usury. gaming, &c. Bat for acts
IKE these, the State IS not charged with iu-
pairing the obligation Of contracts
particularo objection has been made TO that
part OF the bill which goes to suspend the OK
ecution OF deeds Of trust. / conceive that it
would he no more than equitable to put them
ntie same footing With mortgages. A mort
gage imports 10 be a conditional sale: vet y
rgl; 30 redeem is allowed. Ii would be fair
to apply the same rule to deeds of trust, and
| allow no sale but by decree and general
law TO that effect would not be liable to the OBJ
lection OF imparing the obligation OF contracts
the Legislature nave "A right to modify the
remedy, provided they preserve the Obligation
OF the contract.
By the bin we give to contracts that ef
feet which is according 10 justice. If there is
no specie in the country il is right TO prevent
the trustee from sacrificing property of one
I hundred times the value Of the debt, 10 make
specie.
There isno specie in the country. The late
able Secretary Of tie Treasury snys in his re-
port. The people individually did not pos
sess motal!c medium, and could not be ex-
pcctcd TO procure il, throughout tie country.
as wen as in the cities, by any exertiOn, unaid-
ed by the banks"
Tile constituti0nality Of such an act as The
bill iu your hand is settled. 4 similar law has
cSiStcd and its cOnstitutiOHality has not been
questioned
Is the law inst and polite? Conte,npfible is
our situation five cannot pass last regulation
fJr the government Of our citizens Ii sucb he
our situation, We arc not fit to be board oil
directors OF Public Works.
The power to effect Justice is somewhere
I apprehcnd It's here. Justice Tcouires no
ono 10 do impOssibiitics. II is inst and law