Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-06

OF the taxes. inasnuch as there had been an appre
citation OF the currency, and TO the revision o: the
militia laws. We notice two other topics of some
interest, namely, that the Peneniiary is likely to
become source OF revenue rather than tax the
people, and that the Louisville and Portland Canal
will be completed within the time limited by the
charter, the stock avng been subscribed, and other
measures taken 10 effect the object.
| Extract from Coz. Desha's Message.
| Let it not be imagined that, in making these
recommendations, and declaring these opinions,
entertain, OF intend TO express, the slightest want
os.confdence in The General Government. Our
| causes OF complaint DO originate in the syetem
itself, but spring solely from the consrue-
/ lon OF the public iunctionares who selected
TO carry ii nto effect. The Federal Constitution
like our own, is designed 10 give the public will
! The ultimate control OF its own actions. 1t has
placed none OF its offices high that their incum-
Dents cannot be reached by the voice of the people,
and pulled down from unmerited elevation. The
executive and legislative powers of the General
Government, and portion OF the Judiciary, have
once been reached and reformed; and in the and
language OF the patriots and republicans of those
day., we iiEd precedent and principles in accord
ance with which the whole of the Federal Judiciary
may be made TO bend TO the power of the people
| and renounce its errors. Reformation is all tina,
Kentucky asks, and without il she cannot be salts
he'd In the mean time, respect for the General
Government ought TO induce the State to become
The slleat instrument OF her own degradation. While
therefore our grievances are laid before Congress
and considered by that body, woud recommend TO
your consideration. whether the rights and honor of
the State do require that She should prohibit the
use OF her ais for tie purpose of mprisoning debt
ofs under AN authority unknown to her laws and
constitution.
! . The policy of he laws adopted some years
SINCE usually termeSi the relief laws, il Is not ne
csssary TO discuss. They have Icing since been re-
If. al
and their operation has almost ceased to be felt in
oar courts oil Justice But the questions OF leaisla-
1--WE power and judicial right, which have sprung
from some OF those laws, and outlived them are oil
vital Importance TO the govei nment, as well of this
State as OF every other liz the Union. 1t will be
remembered, that one OF those laws granted a re
p!eVn OF two years, upon all executions where the
plaintiff would not consent 10 receive the currency
| OF The state. ~ law similar In principle existed in
virginia. our parent State, at the doption of the
constitution, and was re-enaced and amended for
several successive years afterwards, extending be
yond The period at which Kentucky became an in
dependent State By examining our own statute
book, II viii be found that the same principle has
been practiscd upon by our own Legislature, from
Inc era OF our separate existence, and that il has
never, At any one moment, been wholly eradicated
from Our laws. BY looking at the Journals of o,r
Legislature, it will be seen that nearly all eminent
statesmen and lawyers, including two of the late
acts In the records of our judicial decisions they
had uniformly been recognized as valid acts and
their consiIlui lonalliy seems never to have been
doubted until the interest of the United States
| Bank made it necessary that new and more rigid
principles should be incorporated into our system
| OF government. 1t then that objections were
made in our courts, by lawyers attached 10 those
Institutions, which led to the final decision of our
late Court OF Appeals, declaring that the remedial
law IN existence, when contract is made, consti-
tutes The obligation, and that 10 State Legislature
can 50 change that law, as TO delay the remedy
without violating that provision in the constitution
winch declares that no State shall pass any law
lmpairing the obligation OF contracts. The Legs-
ature and the country startled this decision
1t decared void course of legislation, which had
been practIsed, OF unquestioned authority, from
| the origin OF our government IL wrested from the
representatives. OF the people the power suspend
the operation OF the laws, in any case OF contract
even IN time of nsurrecton, war, pestilencc or ia
mine. II denied to this government a power which,
It Is believed, has been exercised by every gov ern-
ment OF every civilized nation, as well as by every
State IN tie Union, and which is sometimes essen
tlal 20 national existence. III humble and i'll
dustrous population il called ont in martial array
TO suppress Instruction, which is desolstug the
country is it not necessary that the coerciye hand
OF the law shall be suspended willie they engaged
IN the service? If they volunteer or are drafted and
| IN the government, which compels them TO march,
TO suspend the operation of the laws and prevent
The sacrifice OF their property, III their absence! BY
the decision of our courts, these benign and Just
powers are denied TO the State Legislature, and the
rigid enforcement OF contracts is deemed of more
Importance than Justice the absent debtor or the
safety OF the Republic.
- Many, who believed the existing repIcvin laws
impolilic and UNJUST pronounced this decision in
correct: and, indeed, ii had first but few advo-
Gates in the country. Yeta majority of two-thirds
could not be found in the Legislature prepared TO
remove the Judges, account of respect they had
for the men, and belief that they were honest in
their opinions. An animated discussion ensued in
The country, and large majority was returned to
the Legislature, instructed vote for the removal
OF the Judges. These, when called on TO show
cause why they should not be removed, defended
their decision, and even denied the right of TWO
thirds TO remove them, as erroneous as was
commended. This principle completely confirmed
error and, If submitted 10, would have enabled
The judiciary 20 effect radical changes in our consi-
tuition, under the convenient mask Of honest error
OF opinion
s. TO cad the controversy and rid the country of
these erroneous aud dangerous principles, the ma
Jorlty now deemed it necessary to resort 10 their
constitutional power OF abolsbng the court, and Of
establishing another, composed OF other men, and
restricted IN its power the constitutionaty of
legislative acts. That they had this power they
could not doubt; because the Constitution had not
brought any such court into existence bat the first
Legislature of Kentucky had established IL because
the power OF changing, and even recognizing il,
had been once before exercised by the IegislatuTe
because the Supreme Court of the United States
a ayowed by the Judges themselves, was created
by Congress; because the power of recognizing
courts, and thus expelIing their incurnbents from
once, had repeatedly been exercised by our own