Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-05

10 ex'tnguish tuat spirit al concession. and
destroy that mutual foTbe3,auce and traterual
affection. which founded aud have sustained
our ronfedefacv sincerely attached TO the
union OF these states, aud the constitution
which b'nss them togetier.-and anxious a.
avert the evils WHICH threaten the Gei.r !
Assembly has felt itself imperionsIy calied
upon To avOw its opinions and endeayor 10
give them effect Therefore,
fesosrfd, That in the opinion of the General
Assembly OF Virginia. the people OF Missouri
nave right Ia demand, upon the faith of the
treaty of 1908. thai hey shall be admitted into
me Union, upon terms OF equality with The
other states
That the Congress of the United states have
no right impose unonthe people of Missouri,
as condition of their admission into the
Union, the restriction winch has b. Ell proposed
IN Congress, or any other restriction, not ne
cessary to guarantee IA republican form OF
government
Resotred That The Senators from this state
IN the Cog ~ fthe Uniied STATE be MS r,ict-
ed, and INTERPRETATIONS requ, stcd to use
their hes, efforts InprocIrin= The AL ssi0n OF
the State oil Missouri INTO the Union, upon the
principles contained in the foregoing. Resolu-
tons, aud in resisting any attempt which shall
ne made IN Congress, 10 impose conditions
upon th"people of Missouri not warranted hy
the Treaty OF cession, and the Constitution OF
the United States
Resoired Tina, the Governor OF thus Com
monwtaith be desired To transmit copy OF
The foregoing Preamble aud Resolutions 10 each
OF the Senators and Representatives from Vir-
ginia and the Delegate from the Missouri,
Territory III the pres at Congress-: and IL IN.
Governor OF each state and Territory i'm tho
Union. with "A request that they may he laid
before their respective legislatures.
VERY BRIEF SKETCH
OfcSririn Points in the DEBATE on TIE En-
ecuion La,o-l CONTINUED
Debate continued on IueStiay, jVeduesiav and
Thursday last
Mr. fares, OF the county at Nelson, addressed
the house IN a comprehensive, torcibIe and
ingenious speech. He was mp about six hours
M all, aud this very brief sketch scarcely rives
a" outline Of il. lie observed that he could
not remain silent, while The interests of those
who sent him here, and OF thousands of others
hung upon the decision of the House He
expressed hiins u al h same tim, dul, SEN
SiDie nat only OF the Importance OF the sub
Ject, nut OF tile talents of those who were OPP
posed To him. and of his own deficiency
He argued the question both upon the
grounds OF constituiionalty aud eXpediency
II was fashionable for gent iene To ,aise con-
sUtntonal scruples on all occasions Some
watchfnl centinei WAS always posted at the
Keep OF the constitution 10 exact tribute from
all who passed. This indeed arose from The
very nature OF our limited constitutions he
uiu not complain of this watcilinl shirt but
u WAS misplaced, he thought. OH the present
occasion For ms own pari, he conceived the
doctrines OF gentlemen 10 lie calculated TO
aBect stale rights that we had reserved TO
the staieA all the rowers which were necessary
To internal government; that the administra-
ION OF justice was an essential part of sove-
reignt. /; for one lie wOpld cavii ON the ninth
part OF "A hair in its defence. La Tie case of
SturgeS and Ctowhinshield. in the Supreme
Court OF the United States, TO settle whether
the bankrupt law of New York was coustiIu-
tional. even that court had admitted that
without Impairing the obligation OF contracts.
the remedy may be modified by the state legisia-
'ures. Mr.. X. then denied that this hill did
impair The obligation OF contracts. He cou-
tended that the obi gation as Al, inherent part
OF the contract and coeval with it, bat that
Tie remedy was different being posierioT 10
the obligation and not to be afforded Till the
contract itself was violated. In a state OF
nature, every man was defender of his own
rights, aud the aveDger of his own wrongs Ii
his property was taken from him. he retook
II ny his own eXertlons. He fluids remedy tor
himself: but III a state of society," all that %, r.
tains 10 remedy beloDgsto ths whole body. All
remedies are creatures OF the law and AZ snch
may be altered or modified according 10 he
wisdom of the nation. these are NOSE rapitI-
~ administered i'll ponarclicdi than III tree
governments; X according 10 the different cir
cuhstances OF a free country they are more
or less complicated aud XpeditlOus. Mr. Il
claimed for the lie. islature the ri hi TO rryu-
late judicial proceedings from their lnhe, ent
power 10 regulate modify aud alter lie ,medy
as they think expedient. 10 illustrate the
distinction laid down between contracts and
remedies, he would cite two distine uished an
thorities; 4th MunfOrd 100, court OF appeais eft
Virginia, and the case OF StnrgeS IS Crown
inshieid, Supreme Court oft lie iwe.i nm
on these cases, and commended That This hin
was to operate as a remedy. He denied thai
the time OF payment was as much a part of the
contract as the sum; how can the remedy rx-
ist, TIL The contract is violated till tie daV
is PASSED Make the remedy DIS expeditions as
adespot NAV please to make il, still il does i,ni
accrue until The contract has been violated
remedy presupposes "A wrong aud the con
tract is not violated, until after the money
becomes due.
If the Legislature cannot pass this bill. nv
what right do they pass statutes oflimtalioB2
The last is more violent Interference with
contracts +; for after the time runs our after
the five years are passed, the debt in certain
eases is irretrieVably lost. Again, the execu-
Ton against u mans BODY is permitted by law
and the Legislature NAV take itawav In many
countries this process is unknown in England
il was not formerly employed; and i'm France
at present, in but very few cases. Yon nav
abolish this process, and vet in MANY casesit il
the most effectual means OF enforcing the OBJ
legation of contracts II falls TO the l.-visla-
ture under the general power OF devisins
remedies for enforcing contracts.
Mr.. X. cited the case of the bankrupt Law
in ~ York, Cease of Stntges q CrOwnnShieId)
TO show that "A state legislature has no right TO
devise any thing IN the shape of a remedy TO
vitiate the obligation of contract That
bankrupt law discharged debtor from his
contract Wltn"ht performance, and was there
fore void. But does not the bill before the
House hold the debtor To The performance of
his contract; does il not hoIh his original secu-
rity bond although me gives The replevin
boDd' Mr. X cited the rase of Frazer * Peck
in the supreme conrt of the u s.; and case
brought up from n Jersey where the Iegisla-
lure of the state, contrary 10 a treaty with tie
Indians, imposed a tax upon lands purchased
ofthem-these we're cases, where the leeisla-
inTcs of Georgia and New Jersey clearly
lIt fr and I.,a
pronounced their laws 10 be unconstitutional
because they sought 10 vitiate the obligation
of contracts. No such objection could he
made TO the present bill il being only IN tie