Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-01


political errors, and induced willingness q
retrace its steps and relnQuish a power which
had been improperly ssed,"
upon the new constitution being accented
iup'c credit was re-anmated. The owner.
ofproperty and holders OF money freely parte,
WIN both well knowing that no future Law
can impair lie obligation of contacts"
This authority shows (said Mr. 81 the
intention OF this part eiihe constitution
that South Carolina, after temporizinq
for five years, came forward 10 surrender
'his power on The altar of her country
that II WIS this very power which she
had exercised before the adoption of the
constitution. which she was To Surrender
that il VAS the replevin law of Virginia.
the ipsialmeni law o! Pennsy ivania. the
suspension law ot New York, the install
m"ni and suspension laws OF =. Carolina i.
measures OF this character which miro
duced TIRE present clause iNio The federal
constitution.
But the gentleman from Powiaian tells
Won that the bill does not ailrc, contracts
Ill only changes the remedy for cninrc-
ing them. Blu, in the first place, what is
contract Ii is an agreement 10 do or
to refrain from doing particular
thing. Nlat'is the oblisaiiom3 II is the
binding OF party 70 do or not 10 do. Ii
Is To do something in presrmt or IN fatnro
at This time aud place, or at some other
time and place. Thes" are essential elc-
mentS IN contract. II credit be- given.
II more time be put on, ! PM on more per
cent. upon the price. Credit therefore is
an essential feature. So also is the
place. contract TO pay sum of money
IN Richmond ar IN New York the ex.
change was some time ago per ceui.
between these two places. present
such contract TO AN Individual. and
ask linn what are lis component paris
Wi'l he contine himself alone to The sum
TO be paid! No; he will look at the
limo when, and the place where, the
money is 10 be delivered. These are
equally component parts Of the contract.
The obligation binds you TO perform
what you have agreed tn perform. But
here are SUM, time, and place, which, all
taken together, constitute the obligation
ol the contract. Gentlemen. however.
say, The bill does not impair the obliga-
non, because II does moi interfere with
Tue sum TO he paid. Bul ifyou can post
pone the iime, or vary the place, why
may YOU moi change The amount of tie
debt! What right have YOU 10 interfere
WIN Two parts OF covenant, If YOU
may moi with the third Whatever re
lieves or releases party from any part
o. The contract, must impair lis obliya
non: What is TO impair! MOI 10 destroy
thing; but TO diminish. IF then you
dispense with one ot the obligations, do
you moi impair or diminish The contract
Suppose any particular article TO be dc
iiVrred under a special agreement.
suppose, HE western country, in full
confluence that its salt springs could not
he exhausted, were TO contract 10 deliver
large. quantity OF salt Their salt
springs hswever fail {; could YOU come in.
SET aside the delivery of salt, and suGst-
inte coal IN IFS place ?-Take this view Of
me matter. 1T you can reiard the PER-"
jormance of a bargain as to The debtor.
why cannot you accelerate il as 10 the
creditor! The argument now is, that The
planters are distressed. and require iu-
diligence. But suppose your merchants
were in debt TO the north. SuDpose !,
became necessary to save our commerce
from ruin, for you TO say to their q ebiors
III lie country, you must paw them YOUR
eebtsin 6 instead Of ~ months. What
would The people say TO this agret ment
they would say, very naturally. that
they calculated 10 paw in ~ moi in 6
months; and that you were impairing the
obligation Of their contracts. But if Won
can 10 IT in relation 10 the one, YOU NAV
equally do II as TO the other. You can
accelerate, as well as reiard IF YOU can
suspend the collection of debts for one
year, why not for 5, or 20 years and vel
would gentlemen say that such procras-
'ina'ion would not impair the obligation
Of contracts?
Mr.. 5. next referred TO the case of Jn
dab and Mayo, and stated that the ohly
two judges who Touched the CONSTITUTE
email question expressly declared, il was
not full court, aud they would not de-
eide II {: bat The gentleman says, Oh Won
did decide il He referred also 10 the
case in N. Carolina, where the Judges, as
much The friends of state rights as any
IN this country, pronounced the state la
to be palpably violation of The consti-
tuition, and refused to carry il into exccu-
ton. These Judges said that il was moi
competent for the Legislature TO SUSPEND
the payments Of debts for I2 months;
the legislature acquiesced in their deci-
sion, and the law was repealed.
There is another branch of this subject.
Mr.. ). said which deserves To be neiiced.
The lea iempOriS is as applicable 10 il as
the lea loci. He quoted case from the
Court of Appeals, in which Judge Roane,
as able an asserIrr of state rights as any
that brealhes, who with Pendleton has
stood The distinguished pillar oftbe light
Of this land, has said, that in relation TO
the ter tempoyis every man has right To
avail himself of The law. The venerable
PendIetOn maintained That all laws which
are retrospective, and Offend in the re-
motest degree against the ier tPmporis, are
contrary 10 The great principles of Justice.
Nay, what says The common law Of Eug-
land That you shall Uoi disturb private
contracts. What says The civil law q
What saus Observation-Disclosures Ernnuo -. ~ 2