Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-10-24

aS itiae, there was no compliant Of my hsr-
!ng transcribed the powers given 10 the executive
by the Constitution.
Umbrage seems TO be taken NJ nv rreyercnce
~ declaring what the report sarcaslical,y denomi
mates great ruth that 90 mankind when left 10
- themselves better Judges than thor rnlers o
" whai best promotes their happiness aud their ni.t-
tests. really think they are without disparage-
ment 10 any, believe there is UIorc wisdom out OF
all gnVe' nmen's than IN them. | aoknow ledge the
sentiment 100" That men of prudence will not bor
" row money manner injurious to their
" men OF honor will not lead extor,ioners - bot
now 10y connecting these two positions they 10
the conclusion that IN uy estimation, no laws vii T.
ever are necessary, certainly um unable TO dr. O.
yer II they had inferred that was Of opinion that
lew laws are necessary, should have pleaded guilt,
To The accusation, aud should justify myself ID, refer
ring 10 their practice, whatever be beir theory for
they have not, 1t must be confessed, thor last ses-
s'ou overburthened the state with legislative enact
men'' Yet these, aud Other opinions, which have
no. taken up al Random, which, have long held, as
was wen Known before recei, ed sutfrages for
the place fill, denounced hy the senate pei.
nicious and disorgauiz,ug-E. siiatiug however
the prop,lety OF this unqualified reprob3ion, hey
say ~ the people indeed the best judges of
Their interest, then being the neopic, they
are better Judges than the Executive" Had hey
come 10 iha conclusion, the score Of their supe-
r'or intelligence and experience, should not have
disputed II. Indeed will deny il, although
IKE the members of The senate, am elected by The
same puhhc and for the same length Of time II is
not h'i am better judge than they of the interests
Than both oil us of what their interests require and
this Is one of the reasons have given acting
and thinking for them myself, insinuaied Inv the
conrnitiee bur for preventing Others from doing 90
anu Tor leaving them free, heretofore, to make
such bargains and contracts they may conceive
most conductive their prusperitv.
ne report, after all the dspsasure II nianifests,
makes Us acquainted with laws, The existence OF
which, one might suppose, would have given The Sc
nate more Than consolation for the loss their fayo-
rite measure-lt states that the Governor does not
" seem 10 have recoectcd hat the Latcs in force in
:" tins state, forbid usury under penalties Infinitely
more severe, than those expressed in the iected
" OIL that they impose heavy forfeitures, inlamy
ana ncapaciy TO testify, and that by rejecting the
plli lie has not lett the honorable trade OF usury nm
- shackled. Indeed and so il turns out a, al the,
are the friends OF that honorable trade" and that
The rejected bill was got up ito usurers from the
worse penalties OF the laws in force This II is
not my business deny, all have 10 say is that
rejected !, with no friendly views towards Them nor
because thought the money Of The usurer rs sncr
rs reiigon or the press. have said that consider
so money as ninch the property OF those who possess
II, MS their houses, or their goods, any other COM
modify whatever, and such is still my opinion
ne report states that the Goreror does not seem 10
reeoHect the existence OF the very severe laws against
nsury OF which II speaks 1t PAYS me a eompme mt.
IN surprising that ever acquainted with The IN .
which do moi merit. The Committee are tleener
ieHn 10 what they call laws than am s,and in The
anomalous, the absntd situation OF being uoyerned
like the greater part of yourselves by laws wu,,en
IN languages winch we do not understand The iuri.-
consuiIs now eneaged in preparing code, will il
IS 10 he hoped drag forth many more of them now
hidden in darkness that their benefit NAV he vide
~ dtused, and not made, AZ present, "a monopoly
by few gentlemen OF the bar, who like the learned
anthor III The report, may be fortunate as TO under
stand all the languages read and spoken in The courts
OF our state.
In their specific replies 10 my objections, the COM
mIttee have been as dIs'ngennOns in their general
views, hut more concise in this last respect will
follow their example. 20 The pariicuar pcovsio,s of
" Tbs bal winch have met the Reproduction OF the Gu
" vernon are :"
l. =" Tint The rendering the security void, holds
" OFT temptation 10 violate private faith" Bul
tbs, they say IL natural consequence Of declaring
contract ill-gal be II so, the consequence how
ever na'urnl think is very vicions one and, pre-
c'sely ior that reason nstly TO he reptoba,cd Ru,
contract, voluntarily entered into bv those alone con-
cerned iu MS nature innocent, least as 10 one of
lie parties, as admitted by the bll----ecomes ac-
cording TO the reasoning OF The committee, when de-
ciafed illegal, IKE contract between smreglers,
highwaymen and assassins-now this cannot W !: IL is
contrary To The nature Of ruth, and any attempt to
pmce contracts so dissiniar lire same looiing
ougb, To lie resisted.
2. " That the oath required by the ihiid section is
" reflection on the community, because it takes for
granted that every creditor IS a usnrer." By wba
reasoning his Exceency came 10 this conclnsion tbe
committee say they divnc--ihs is very poss,
Die, and VIII tell Them. The law provides that No
creditor OF an estate shall he paid unless he take an
oath, ihatthe debt due 10 him, did originate IN an
usurious transaction Wherefore is this necessary IL
creditors are moi suspected OF usury If the ssp,-
eion applies only 10 Ieic, then ought they in SONG
n"aner 10 have BEEN designated, and honorable men
saved the insult being required TO that they
so.
The appointment of brokers being vested in the
Governor alone, was not hy HIM considered a sul,i-
Gent reason reject the b1i, as insnuaIsd hv th.
commtiee, nor has he, since he pointed ont The oh
Jection AT the opening OF the session. apnroyed any
bill containing such proysion--jhe charge TOO OF
his having sanctioned an act furnishing sailors with
Imprisonment for violating their shipping articles
however distinctly and positively asserted is a mis-
take--the law alluded TO has no such clause-but
even were so, world prove what am willing 10
CONFESS nut Tor which ought not 10 he reproved by
he senate, thht have sanctioned laws from defer
ence for the views of the Legislature, which would
not nave proposed, or Tor which, legislator,
would not have voted.
am reproached for ohiecting 10 comneIlinr man
to pay for having himself posted in a newspa0er and
very grasely told, that this is done throughout the
world ~ cases OF bankruptcy. The senate II they are
so easily satisfied may find precedent for much worse
ihngs man 'hIs-ln some paris Ol the world Taudu-
lent bankrupts hanged
In reply to my objections, that the effects of The
law on trade and commerce would he in .he hiphes,
degree unfavOrabe and ruinous The committee al,
serve that lis effects would be beneficial by oner;og
to society the banks, whose facilities are said IN
been interrupted by usurcrs. As to the tru of Tins
know nothing. have, however, been informed by
all the directors oil the several banks, with whom |
have spoken, citizens well esteemed for their bonora
BILE conduct through life, that whenever il is known
or suspected, by the boards TO which they severaIly
NN'O"t' i"1 n"'eS "'e oneTeu lor discount Tor pur
poses OF utuTy, they are invariably rejected and wo
have report Of joint committee OF the Legislature
stating That they have attentivey examined the
. books OF the bank and do not hesitate 10 saw Thar
" they have not been able discover in them or in
any OF The proceedings OF the institution any subject
- OF matter 10 anmadvert upon. The fairs and ma.
V nagemenl Of the bank, appear TO have been cor
" ducied ~ liberal manner, as Teiates TO the com
- munity and with rs much importantly as respects
% individuals, the state Of trade and the means
- placed AT her disposal, would authorize or instE
. nor have they been able 10 discover that in a,y
90 instance, the dire fnrs of The Inn1.inn. S,n1. pn