Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-11-21
RICHMOND. NOVEMBER ~. 1913.

er OF the II. Of X. hy - m,iorit, of votes over Mr.,
&C. Thompson--and MIR. Bachelor, Speaker Of the
Senate by votes over nlr. Cru,c,er-O, the fol-
lowing day, Gov. Adair ansn,ed his Alsssayr--in
which he takes view of the declining state Of the
Treasur,-of the Peniten,iar, the University. Cot
leges,aad As, lum of The Deaf aud Duml,--,hc Bauk
al The Commonwealth, and the relief laws hc, ho
Jnsliies In the strongest iermsiIe then proceeds 10
topic, in whchShe good citizens of Virginia beInp
deeply Interested lay huicre then, The governors
sentiments in his own language
The Supreme Court of the United States
have decided the case involving the validity
| Of our Occupying Claimant laws, on which So
much both IN principle and property depend
ed, and In which We very properly took so
great an interest, and not outstanding the pro
vision in the compact with Virginia, that in the
| event of a dispute concerning the meaning or
execution ofthe Instrument, thu. The same.
should be referred to tribunal therein provi-
ded for, and notwithstanding Virginia had
| long acYuiesced in our Interpretation and exc
cution of its stipulations, and that when we
made the proposition, she refused 10 const-
tute the tribunal and make the reference, vet
that coart took coguizance of the compact be-
tween the States, as they would have done Of
! a contract between private persons, and by
| misunderstanding its meaning, (which has
been fully proved by our distinguished and pa
| triotic counsel and also further illustrated in
the same view by an eminent citzenl and by
dlstegarding what had been esteemed the well
settled distraction between right and remedy,
declared the whole of our occupying claimant
laws contrary to the compact and void. And
The Court of Appeals of our own State, follow
Ing somewhat, (for they do not perfectly a.
gree,) this disregard oft the ancient distinction
between right and remedy, have lately given
a decision by which they declare our Replevin
and CONSEQUENTLY it is believed) Property
laws, nnconsttutionaland void, whenever then
may be so asserted By The creditor. The deci-
| sonwas given IN the case of contract made
| prior to the passage of the law. Whether, in
consequence of the provision in these laws in
| relation 10 the endorsement on executions,
they will not give the same decision in cases of
contracts subsequently, made, is subject of
conjecture. These decisions have produced
much excitement and alarm throughout the
sae.-The courts rely, for the support
of their decisions on that clause of the const,-
tuition of the United States which declares
| that :" no Stale shall pass amy tGio impdiring
the obligation o. coniracfs." From these words
OUR court draws the conclusion that the re-
medal laws existing al the time of the con-
tract are made part ofihe contract, and cannot
be changed by any future Legislature.
/, is the great and leading principle incur
| Federal as we'll as state constitutions that the
people shall govern. To secure This important
right more effrctuaIly, the members OF our
| Legislature are eecred for short periods, for
| the sole purpose, that the people may, by
means of these elections, effect remedy for
existing evils, amend, change, or repeal all
laws that are found oppressive or Injurious 10
the community. | am not AN advocate for
legislative infailibilty. | would not, therefore,
cl"the them with the power of doing much
| evil, and by the same principle take from the
people the right as well as the power to apply
the proper remedy. Ii is settled that Con-
gress. as well as the State Legislature. have
| the power to grant charters of incorpora-
ton. 1t is also we'll known that there are
| three leading interests in the u. States, the
mercantile. the agricultural, and The mannfac-
turing Suppose then, that one of these in
| tPrrs's, the mercantile or manufacturing !
| should hy any means obtain a ma jori;y in each
house OF Congress, and thus obtain charter of
Incorporation, granting them privileges IL uri
Gus tn the other two pursuits which would run
for forty or fifty years, and for which they
would pay bonus, will any rational man say,
there is no power in the government 10 relieve
the community from such grievance? Ii
too often happens that men employed, for a
| length of time, in courts of law, either as
Judges ar inferior actors, become in feeling
and Conscience, completely lrgalized Man is
very much the creature of habit. Such an
one would probably tell you, the contract was
fair one, the bonus had beer paid, and the
law was in favour of the corporation. Bot
would any honest. moral man, hesitate mo-
mrut in voting The repeal of such IA law?
will mention one other view in which The prin-
ciplc commended for by the courts, If submitted
To, may become dangerous TO the government
rs well as To the best interests ofthe p,Dple-
Ours is Il government founded on moral prin-
ciples IFS strongest support is in the affections
of the people any Judicial act that teHds to
ALLEVIATE The minds and consequently the affec
lions of large portions of the citizens, for in
stance, as in the present case, a whole state, by
Infringing and overturning The course Of Iegis-
lation and adjudication acted on for years past,
must, in the same degree, weaken the power
and render less secure the stability of the go-
vernment.
81 need not br told that the General Govern
ment is authorised 10 use physical force to put
down Instruction and enforce the execution
Of its laws. / know it, but know TOO, with
equal certainty, that the day when the Govern
ment shall be- compelled To- resort 10 the
bayonettO compel state TO submit 10 its laws
RI will not long precrde an event of all others Ia
he deprecated. | refer to these strong points
, tO shew To what extent this principle may bt
carried. As To the Immediate effects, the IN
calcnlable litigation and distress IL may pro-
d0ce within this STATE; leave il with the IL.
: gisIafure whoafe brttcr able tn Judge thar
? myself but the immediate effect and conse.
, quences Of thpsc decisions on the property arc
pecuniary relations Of the community il no
the view in which most is 10 be apprehrnded
The principles they would establish aud e1rcl