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


doctrine which we maintain confer any
power on the general government -
we have no authority 10 pass laws.
lmpairing the obligation Of contracts.
does that government possess any such
poher III we DENY II 10 ourselves. do we
Therefore transfer il TO the general govern
mehi The same argunenI will equally
apply 10 er post facfo laws. Neither the
general nor state governments can pass
any such laws The gentleman saws tha,
our state rights are about TO he swallowed
mp. But let me tell that gentleman. tina,
when The proper season arrives, shall BIZ
found as Jealous an advocate tor state
rights "a himself. But give unto Caesar
lhe things that are CAESARS, and unto
GCd the things that are Gods. II /
have any patiicular Ieauing, il ia against
The encrOacifments OF the federal govern
meni but when asserting our owl rights.
| will never think of usurping pow er
which did not tairIy bcl:ug 10 us.
FIR. ). asked, for what purpose was this
government formed Z! To establish ms
nee; To secure the private aud social
rights at our citizens. Do not these great
objects mark out the Limits OF uur power?
| Shall we be told that these great princi-
plesdo not override The abuses of power {?
suppose you were 10 attempt TO pass an
er pest JactO law would YOU have The
mower to do n, even If your constitution
had been silent upon the subject ?Wouid
not such law be conirarg 10 all The
principles OF the social compact Suppose
You were TO pass law thai man NAV II
asJudgc IN his own case such laws would
be against those great principles upon
winch all good governments are erected.
~ tnilows, then, that even apart from The
| 4 mi
enact suchlaws as have been enumerated.
Let MS next see whether you have such
power with The aid OF the constitutions
lMr. ). here quoted The 18th sec. art. !.
Consi. US He was willing 10 concede
! That the words " ex pos, facio laws" did
| not touch The present question. He was
ready TO confess, that this part of the
| constitution referred 10 crimes, ,,istn-
| Shlsbed from contract that is, that no
s'aie should have the power TO make
what "as previously innocent, a crimc.
| lhe trainers OF the constitution, seeing
| The acts OF oppression WHICH had been
| p arhSed under statutes of The British
| Parliament; IN the cases of Lord Straf
| lord, OF Aticrbury, of Clarendon, and of
others; seeing the numerous aud dstes-
'abte instances OF constructive treason,
winch had disgrared the British hi tory.
determined TO provide against such cases
IN Their own county. But though this
pari applies To crime, il is not so with
another expression i'm the clause. The
'oi" Is The same in this sentence as if il
were " nor" II would then read, "No
state shall pass any ex post facio law,
MORTAR lmpairiDg The obligation of CON
tracts" thus showing more strongly that
The term ex post iacIo applies 10 crime,
when II Is iluis distinguished by opposing
II 10 contract But in what sense is the
expression impairing The obligation Of
contracts" to he taken Mr. S. agreed
with ibe gentleman from PowhaiaB, that
IN construing cOnStitstion, we mustlook
to the history of the times in VIII h il vas
made. Now, the gentleman confines this
part oil The constitution to laws concern
ing paper money and British debts. Bat
we call upon hln to put his finger on one
part OF The Debates which confirms this
ihea. The constitution itself furnishes
me most unanswerable argument against
INN Does IL apply TO paper money .
when IN the same section Of the cons,i-
luton, the states are forbidden 10 emit
bills OF credit" Does it apply TO tender
laws No; for the constitution forbids
Tins also: Does it apply TO crimes ? No:
for that TOO is directly prohibited. TO
what then does it apply 1t saws 10 YOU,
lay moi your hands upon private con.
tracts respect their inviolabiliiy. The
gentleman says, that Virginia had a re.
pievIn law IN l7S7-And why may we not
reply that 1t was measures Of this descrip
lion which the constitution Intended 10
forbid II was such laws as this, and the
lnslalmeni laws of Georgia, and the sus.
pension laws OF other states, which it was
deemed nee rssary 10 prevent. MIR. S. said
he would Law before them on this subject
ne highest evidence furnished by the
history OF those times. To shew that
such we're the laws which the trainers of
me constitution had in view, he would
refer 10 RaWsay's History of America, an
historian ~ The most distinguished tai
EMS, and OF The highest reputation in the
cause OF literature and science:
''rhe people Of Carolina bad been but
snort time III tie possession of peace aud indie
pendence When they were brought nnder a
new species OF dependence. So universally
were they IN debt beyond their ability TO pay,
mat rigid enforcement OF the laws would
nave deprived them OF their possessions and
thelr personal liberty and still left them under
membranes; for property, when brought to
sale under execution, sold at so low a price AS
frequently ruined the debtor without paving
tie creditor. A disposition to resist tile laws
became common, Assemblies were called Of
tener and earlier than the constitution or laws
required. The good and evil of representative
government became apparent. The assemblies
were correct representation Of the people
They had common feelings and their situations
were IN most cases similar. These led to mea.
sures which produced temporary relief, but at
TIE expense OF the permanent and extended
interests of the cOINmunity. Laws were pas
SEQ IN which property of every Kind was made
legal tender in the payment of debts, though
payable according 10 contract ~ gold and sill
yer. Other laws installed the debt, so that of
sums already due only third, and afterwards
H.. a. a.