Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-08

But Mr.. NJ .contended, If the house even had
the power, the situation of the state did not
require them To exercise it that a power in
tertering with natural right, at war with the
principles OF the social compact, ought not 10
he eNerted, unless IL were indispebsably he
cessary; that we did net enter INTO society TO
dispense with the engagements between man
ana man that one of its great pillars, is TO
max the unwilling do what Justice requires
them TO fulfil; aud not to dispense with their
doing IT: but the measure was not indispensa-
u: necessary i.isiEossUs % ;iis pe"pie are
not as great as have been depicted Some men
have speculatet. ami over-traded they may
ask The aid OF this bill; and s il this 50 ecnat-
ing spirit we are TO encourage? There is great
distress in Richmond; but are those, who
went into bank, and on credit obtained fict-
ti0us capital, not to adorn the metropolis of
our state. but to bring up old fields to sell
agalu AT piont, are these the men to be re-
heved at the expence of the constitution Mr..
Nj. denied that the plain honest agriculturist
required such relief.-He dwelt upon this part
OF The subject with great force of eloquence-
but we cannot follow him-He cOujured the
House to keep off their hands from debtor
anu creditor; not TO pronounce TO the world
by such law that Virginia was in distress,
when II is the spirit of speculation that has in
volyed some few individuals in ruin.-It had
been said, that perhaps the banks would give
out more paper; but was this desirabie9 TO
cali up the mad spirit of speculation instead of
relying upon the rural industry of the nation
lfinieed there Was an embargo, or d war, there
might be some reason in this measure. We
might suppose. thar when our ports were open-
ed asd TIE enemy's fleet removed, our produce
would be improved in price. BUT what change
rs promised for tile better2 What is the stale
OF Europe? On that great continent, not one
s'ofd Is unSheated. II there be one speck of
war Oh the horizon. il in too small to be seen
ny MS eye He asked, what they would do
wheh they assembled next year, if they found
the situation ct thugs no better, or even worse!
would they continue this law? could they re-
peal it,
MIR. NJ. said he had hitherto spoken only OF
regal obiIgation; but will not this bill weaken
the moral obligations of society-Assemble the
people OF your counties, said Mr.. Nj. and
Will venture TO say, that you will find a large
majority opposed to il. They not only do not
want II, but they know il will do .nlischief-
The honest agricniturisls of the country would
say to You Let uS alone"
MIR MdgiN, OF Frederick. advocated the bill
with great force and ingenuity; but ne illus
trated his argument with so many references
10 laws aud 10 judicial decisions, that we are
afraid We shall not make out any thing like
clear or interesting outline. He venerated
the constitution as the palladium, which We
were all bound to protect; but how can il be
said that this bill violates IT Ii is only "A re-
vival of law which has been familiar TO our
citizens and our country. Fit were violation
OF The constitution, is il not strange that there
rs not solitary decision against it, On the
contrary our courts by carrying il into effect
have given il the sanction of their authority
Mr.. NJ went into the details of the bill TO show
how well guarded they were against abuse.
The valuers are our fellow citizens, who will
be selected for their integrity and Judgment
The bond is not to be taken without the con-
sent OF the creditor. The costs are much less
than has been represented not more than
$40 on returning the writ and then the bond
is the only additional Cost.
As TO the cOnstItutlOnalitV of the bill MIR
NJ. Iaid il down as principle, that we NAV
change the remedy if the existing contract be
not impaired. This trust has never been abus
ell. Soon after the revolutionary war, a re-
pievIn law was III force and yet though it
was SO soon after The adoption OF the coustitu-
ton, the court of appeals carried il without
scrnpe into full effect. DO you believe they
would have done so, 1t their Impressions had
been against the constitntiOnaiity of the law !!
IL is part OF the sovereignty OF country TO
give remedy. We do not say, it has a right
to violated contract contract is always TO
be carr led into effect according 10 The existing
state OF things. Ion cannot destroy its validity
Dnt you may regulate the mode OF enforcing it,
This law has been assiIniated TO the old
suspension and instalmeut laws bnt il does
not touch the contract at all. Ii says in an
nnequiyocal manner, the contract is 10 remain
III tOrce.-SO far fIOIH impairing the force of
The obligation, ii give additional obligation, by
requiring further securities.
MT. Nj. observed, there were many laws
upOb the statute book which were calculated
TO produce relief by giving time would gen.
tiOnal He illustrated this remark by referring
TO the repevin bond given fOr rent. He asked
If the statute OF limitation If actions of waste
II tie law for converting estate tail after
certain time into fee simple estates if the act
passed during this session about Scire faciuS to
repeal letters patent, il tho mode lately adopt
ell tor acceleratlDg means of recovery against
corporations p; II other parallel cases in our
code, which varied the remedy according TO
circumstances, aud among others the old re-
pleVin law from which this bill is copied are
unconstitutional
MIR. NJ contended that every remedy at
tempted by the legislature, from The period of
colonization down TO this time had t,roduced
beneficial results. He said he was a decided
friend TO state rights; and contemded thar bnt
d small share of power would be left TO the
states, IL the doctrine of gentlemen WAS cor.
rect, If they will not even permit us TO have
a right 10 regulate our own internal concerns
IL wsnld be stale of vaSsaage To which we
had never been accustomed.
RlT. NJ. in treating the eXpedieacy Of the
measure. spoke ia the strongest terms of tile
dlstIesSes of the country that in some places
horses sold for 5 ~, cows for or S . that
specnlatOrs. who hoard mp their money, attend
tile public sales for the purpose OF plunde ring
upon the unfortunate that this state of things
would be worse hereafter that if there were
any sections OF the state exempt from such
dstresses, he sincerely congratulated them ON
the happiness they enjoyed; but tile counties
OF Frederick and Berkely, with which he was
best acquainted, lately two OF the yseaIthiest in
TIE commonwealth, we're now suffering under
severe endorsements. The drought had
scOurged the people money was scarce aud
~ was The duty of this Legislature, who were
Themselves not exempt from blame for having
iostered these banking institutions aud cou-
tributed to the delusion of the people il was
their duty now to extend an ALTERNATING hand
TO their suffering cOuntrymeU.
When MIR. Magii sat down, the cry was loud
ana general for the question. Mr.. Charlton
called for the ayes aud noeS-aud the ELL
WAS REJECTED by amajority Of 30.
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