Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-27

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Court of Appeals have o, eryuird th. nation.
made by Mr.. Bibb for r-hearng in the ca
SEES recently decided by that conrt, i'm, olyint
the constit'i"nality II the repl-,in laws.
| The public attention at Frankfort is at pre-
sent principally -ngrossed by MIR. Rowan's
Preamble and Resolutions. They have been
warmly and ably opposed, and the second Re
so'niion Withdrawn by the mover The fate
oi the remainder in the House of Represents.
iirts Is DOUBTFUL, and should they pass that
nody, ih"'r rejection in the Senate is conidept-
~ anticipated. [.lJopifor.r
FRANKFORT, (K.l Dec. 6.-Mr. Marshalrs
project for peiit,onlng to the Supreme Court
OF the United States, for a reconsideration and
reversal of the decision against the occupyins
claimant laws, has been before the house and
discussed ut considerable length-by Messrs.
Montgomery, WorthiDgton, Marshall pope,
itowan, and Robertson, (Spraker) The re-
solutions were finally committed 10 M-ssrs.
Marshall, Rowan, Wickliffc, Davies, Pcpe
and W"ribington, 10 devise plan of address
10 th. Court, or to Congress on the snbject-
y bi'i taking away The two years r-plevin. and
also The valuation law on ali contracts where
bank paper is scaled and Judgment given for
lis value IN specie, and hut Il three months re-
pievin allowed, passed the House of Represen-
'aives and on Friday came up in the Senate,
when on the motion of Mr.. Druncy il WAS
laid on the table till the FIST day of June next
yeas l6, nays 10. Tie Currency Bit Will
probabiy pass both houses, with provision ia
burn half "a million more at the Common
wealih's paper by the next meeting of the L.
SislaiuFe and also TO rcl"an all that may ac-
crue 10 the literary fund during The same time.
bill IS however pending in the Hous. of
representatives to appropriate the literary
fund IN. aid of the Revenue. Mr.. Rowap's
preamble and resolutions on the subject Of the
Judiciary, has been before the House for seve-
ra' days, as lt IS subject of great Importance.
u VIII no doubt cause considerable debate of
which we shall take notice. hereafter.
The House of Representatives has been ar,
d"oily engaged tor the last two day in discuss
ing the Report and resolutions off, red nv Mr.
Rowan, IN relation to the late decision of tn.
court OF Appeals on the endorsement and re-
pl-vln laws, and of the Supreme Court IF h.
y. states against thc occupying Claiman.
laws "f Kentucky. The debate was Opened
on Thursday last. in COMMITTEES of The whole.
by MIR. Speaker Robertson in Il speech ofcnn-
siderable length, against the resolutions SC.
Mr. WorihnGton followed on the other side
On Yesterday the debate was resumed in
committee by Mr.. Wyhber who spoke short
Time IN favor oftlIe resolutions, and alr. Logan
oi Sheihy then took the door and delivered
an eian"raie argument in speech of abnut
three hours long against the Iroposion be-
fore the committee. Mr.. Da,i.ss spoke mn
wards of an hour IN favor of them when Tho.
house adjourned. The discussion will nroba
bly, he continued several DAYS.
In Senate on Monday last, Mr. Hen Z, fer
ell resolution for a final adiourumcn, on the
ION INST. There is no probability of an nd
l"urnment until day two before Christ
mas, If even then.
Extract finn Mr.. Ro,enn's Repor
IL the obligation Of the contract SO far as
rriates {" the tune of IFS performance. is the
tim" OF reFievin allowed by law then the s,,i,
must always he Instituted before the obgai ion
IS violated IN thar particular, which is b-Iiev-
ed to be inadmissibie {; ifnoi absu,d-for il is
settled rule of ldto as well IA of reason. that
"a suii' Tor The violation of tie obligation Of a
contract, cannot be instituted, until the lime
tor ITS performance has passed away. b..
hevIng, therefore, thai the decision ofJhp court
OF Appeals displays an exeriOp of judicial
power, not conceded To that department bv
me constitution oi the state, greatly injurious
u not ruinous in its practical effects, 10
very many of the good ciilzeus of this state :
and Incompatible in the principle which il as
SeIis, WIN the great and essential rights of
eivi llbfrty-with the fundamental pripcipIes
OF republican government and with the hest
interests, prosperity and happiness nftbe COM
miiDity. WHICH are, and indeed must forever
reniaIo indIssOluhly associated with those sn-
cred principles, The members Of the legsla-
rure, while they admit the power Of the court
Ia declare any law unconstitutional and void
WHICH IS obviously and paIpabIy SD, feel them
selves reluctantly constrained by The most
solemn obligations Observation-Disclosures oCdutv
TO themselves, tO their CONSTITUENTS 10 post.ri-
~, and To the principles Of rational liberty
throughout the civilized world. to make their
deliberate protest against the erroneous and
usuTPtng doctrines of that decision. Where
upon,
ResofUed By he Legislature orMe Common
t0e"Hh 81 kentucky, That they do most solemn
W protest against the doctrines promulgated
~ tl'at drrIsion, as rninnus in their practical
effects To- Tie good people of This rrs mon
wealth, and subvrrsiVe Of their dearest and
most invaluable political rights.
And u is further resolved by the authnritv
aforesaid, That IL the decision should moi. bv
the court, be res isrd, or reversed but should
De attempted to he enforced upno the GOOD
people Of this commonwealth, the legislature
cannot, ought not aud will not, furnish any
facilities for Ifs enforcement IN the coutraiy.
that u IS the bounden duty of lhe legislature.
IN vIndicalion OF the rights Offhe t,r0ple. and
the great principles upon which those rights
depend, to withhold the sgrney ct the minis.
terIaI officers ofthe governments from ASSISTING
10 the practical propagation of the erroneous
dnctrIne ni That dcclsinn, ut least until an on
poriunity he afforded lo the people Of expIGr-
ing the new theory at obligation, which il al
iempts tO establish
Resolved further by The authority aforesaid.
That no effort which the legislature may Tr,l
u duty To make, for the conrayenfinp Of tha
erroneous doctrine of that decision. ought
to interfere With, or Obslruct the ad,ninisfr,