Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-08
VERY BRIEF SKETCH
OF csrtain Points in tie DEBATE on the En-
ecntion Lau-.ICONCfUDED

hours against the bill. The reader will of
course perceive that The following is "A mere
sat very meagre sketch of some of his points ::
lie observed he WAS not one of those, who
had persuaded themselves that this law was
either constitutional or expedient; il he had
believed IL TO be constitutional, still lie had
heara no argument urged TO satisfy him il was
expedient. "A preliminary difficulty had been
thrown in their way il was said that the OPP
ponenis OF the hill were the advocates OF the
powers OF the general goverDme nj at the ex-
pense OF the states. MIR. NJ. denied this con-
ciuslon. There tcds no rivalry in The present
case between the two governments. The ge-
neral government was equally preclutled from
passing similar laws. Ii is not then because
this bill invades the powers OF that govern
meht; 1t is not because we wish 10 transfer
any power to IL from the states, that we op-
pose the bill; but because we deem il TO he
contrary TO the constitution becanse we deem
1T TO be law which does impair the oblic alton
OF contracts. Why then sound the alarm
about federal usurpations? The general GO
veTnment has nothing TO do with il. The
people at the adoption of the constitution
Knew full well that the same appeals TO the
distresses OF tile country might continue TO he
MADE, the SAME m'schiefs from AN interference
win private contracts and they meant TO say
and they did say, that such measures should not
be repeated; that neither the general nor the
state governments should be clothed with
such power. lie had said so much in reply
to this argument, con ceyiny il TO he The stalk
ing horse behiad which the advocates of the
BAL had attempted to conduct their hattie:
lie would now proceed TO shew that this law
was not within the purview Of the powers of
the legislature. MIR M said there were two
modes OF ascerlaining the intentions of the
founders eff the constitution BY reference o
their own words. and by a history or the times
or the evils. and remedies intended to he en-
nIacea y! lam iSen are astOnished to see BY
what legerGemain debt that is due i'm .Jan.
nary next MAJ be reliev+ d by a new MAY
upon word>; aud how under cover oft the
word remedy such debt NAV be nut off
for l., or years, or ad HJitaD,. Could il be
possible That the wise trainers of the constitu-
ton intended saciI AN interpretation To be pnt
upon iheii words. and that the enforcement
OF conirdcts-was thus to be evaded under CO.
louT OF "A remedy!
In referring 70 the history of the times, nv
Nj referred 10 the authority of Ramsay: hut
though The gentleman from Nelson NAV diSre-
cara RaBsay's authority what will he saw TO
has own witnesses He has referred to the
case OF Sturgrs and Crownlnsheld; but in thai
very case the court, composed i'm part of the
same Judges (whO were in the state couyeu-
tlon To act Oh tue constitution had decided
thaf state could pass no BANKRUPT law i'm
pairing the obligation of contract In that
case II is also stated what was the cliaract.r
OF the laws intended TO be prohibited bv the
consiitntloi,; that ii was tender laws appTaise-
meni laws, InstameDt laws, which were with
IN TIE We. OF It's trainers: Mr.. VI. argued that
an instrument law was forbidden, much
aga n the creditor, for that law allowed him
one thId OF his debt in hand while this bill
puts him oil, for any part OF it, for one, and
mr eontended by one provision sf the
niii. iOr year. IL you Can say the creditor
shall be pat Oft for one year, why not saw tina,
HIS debt shall be installed, But if the install
ipent be wlthin the principle of this clause
ana II this bill be mere objectionable than such
d law surely the gentleman from Nelson ougbt
TO believe and This house ought 10 believe il
10 be contrary Ia the consultation. The Chief
Justice says ~ tins case there is Distinction
Detween remedy and contract; but at the
same inns he tells You that yoH are not So
10 mould the remedy, as TO impair the lnyiola
pity OF contracts.-Mr. vi examined the
opinion OF Judge Wilson, quoted by MIR
itves, and attempted to show from il that il
vas not only tender aud appraisemenl laws,
but such laws" as these which the consti.u
ton meant to forbid The only authority thea
o. The other side is that OF G. Justice Tigliinan
whose opinion was canvassed at some length
by MIR NJ
On the distinction between right and rene
dy, anu the con-. quences attempted 10 be
drawn from it, H. animadverted with great
ingenuity. He admitted with Mr. Riyes that
The remedy is posterior TO the period when the
deDt becomes due that is to say. the creditor
Is not al liberty 10 ask for the debt or TO sue
tor ~, uliit becomes due but does il there.
IoFe olIow, that you can mould the remedy"
50 ao TO interfere with the obligation of the
contract You cannot Immediately seize
nans property to pay your debi yonr debtor
may urge that he did not owe the money or
has paIdit. The law then gives Won "A remedy
"a enforce IL. 1t establishes a tribunal to
decide the question of debt or no debt? But
can you so organize this tribunal as that 10
shall not try The question for five wears and
yei pretend that you are preserving the invi-
Olabilty OF contracts The tribunal is TO try
acct or 40 deCt! Can you bring in a new unes-
t'on; and urge with the gentleman from Nell
son. That his three counties are distressed
mn N No Il.
Does The constitution mean that you NAV
moi under colour of d remedy touch the con.
tract until II becomes due; but that Won may
90 IL from that moment? No; the cOnstitil-
tion ala not design your Judiciary 10 be
mOckery You may Organize these tribunals
you may provide the officers, YOU NAV regu-
late these arrangements. all this IS reoieiy;
within that range yOu may operate; but Won
must not under these forms of law impair the
obligation of contracts. What YOU cannot ds
directly, you cannot attempt Indirectly: VOu
cannot prevent the people from paving llIeir
debts for !, 2. years. You have ITO power
10 do that by slde-wiud which we cannot
10 openly ia the face of heaven.-If tits be
the law, II so long as banks these large usuri-
ous institutions, are calling in their debts, pill
ing up mountains Of paper or OF specie, YOU
may thus interfere, then the question will be
not whether you are 10 regulate yourselves by
the constitution, but by the conduct of The
bank OrtIe ilnprudeuce of its dealers You
must arrest the administration of Justice, iii
tobacco bears better price, or ill the banks
please TO issue more paper.
MI M. next capVassed the provision respect
ing deeds OF trust-He confessed Ice was M
friend to these instruments. these bair-trirper
pistols that 20 of on the slightest touch lie
said II he had been AN older member of this
house, he would have laid paper upon the
table to place them upon the footing OF mort
cages; but he cOiteDded, that though il WAS
competent for the Legislature to provide
that no vested rights shall hereafter be 80 ere.
ated. yet those already vested ought to be re-
spected.-A deed OF trust vests IN the trustee
an Tue power winch tue grantOrpOssesses. with
~ certain way. Tie rigli OF nrnneliv I'm