Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-05-13

Nds ldWs ff h AL -.
much land, as will be necessary for IN. %
the sxes, as we'll as those for The fort. iiups a,
WI Snu, Tor isi'1ie to pay, are highly penal. This
~" ',oi .ho ra"er KIND, and must be eonsf, ned os -
pendf act. These cases also show VIA, diff .,,It. 80
Do iound IN establishing the Tor; eiiu.es proposed Th.
p.o''s,on III .he oin' declaring that no person shall d.nv
~ ,.su.s'ny u Tue proceedings, other than bv show.
ing that the taxes wero actually paid tor yS~-
lands appear TO he forfeited, a. to ras, dsi,"mo
Io n eL post Jaeto as The forfeiture itself No one can
.ouo.'n'' u this bin shall ever cone betor. ,hs g.
posme court OF the United States, tina, tina, co",, gu,
,shiss " he a penal act, aud appiy tn same r,I.s
wba, s,e ,yyo. nav % applied to other penal acts. Then
IN case OF calder va. Ruiz 8 ID IA, $50. the Sun,.m.
Sout' decided what were 10 be considered or most 800
'a"s' "inio the meaning OF III. 60, st;,u,on cI
case came from Connecticut. A wN ri IN
before the Court OF pfoba,, and the Ys9sls,nr.
10y -. u otuer OF p~roba'-gran,ed a new heariny. and
au'n : hewt testimony, by which the riybt, n, ,h.
Panes were changed. Thi. was obi sc,.t to- nnon. III
s,ounus OF me proceedings of The Leg,si,,n,. h.in1
tn. GO . anu tr post Jdeto in its OPERATION.
y Impair the obligation Of any contrac n '..,"os Iu
Legislature oil that ) ate, Us well a. ssv..a
hisha", ;oHes) exetci'es, unier tn contribution, the
nls"es, Juoicia' power; and the Legislature. diJ mo,
pass a law making a new RUE of evidence 10 ,nnIu ~
sne ease, ou' meraly acted in a Judicial character :,
de5 d., sr we eN,'"nE law. But the judges deci.
= ":' CT post Jdcto laws within the {. psuu,iooaS
P'oaioi ion ART; L. Every law tha, max 8 an ac ion. don.
oe.ore u passage OF the law, and which wa. inn ,..rs
wneh DONE cti'nln"', aud punishes such crc,, o
an" Sssfa'aies a crime, or makes i, gr-ai-r than II
was when committed 3. rha, eh .ux.s H. .un;shN
u =, ssu ihiiic's a greater puni.hm- mt than the law
Aeu 10 ina crime when Committed. 4 Tia, ot.r.
'ae legal roles OF evidence aud receive, is.s orIa'
rent testimony than the law required a, the lime "a
Ionu""ng the offence, in order 10 convi It the of .nJ.r
WIS aiso heid that er post Jacto laws have an appro.
pirate signihcatior; they extend TO Denor s,orr,s.
and no fnrther; they ara restrained in leo s.,;s
n mi " we erranon end enhancement Of crimes,
p'uS' anu penalties AMI Retrospective Laws are
Inconsistent, with sound L-gidation, ami the hpi,.
mental principles OF The social compac': and m,
power ct the Legislature OF a S att II was behaved Il
w NOlut dnl WltnCui control alshnpob Ia - -.
De not expressly restrained by the : ate. or United
oIses constitution: From hes. authorities, it mus, be
'asen LOT granted, that the sections proposed TO be
suiSen out will 10 declared &c post facto. and void. Il
careied oeiere the Supreme Court. Why then shall
W., pass msm! II Ia our SOLEMN duty TO reject eyery
ming In vllaiion OF In, Constitution of our countrv :
But 1t is supposed, by giving further tim. 10 nav the
aI.ears o. ases' me objection to the 81 section will be-
,enoVeu, ana IN I no gooi objection exists as to the
ohrr TWO 1t NUT be recolIec,ed, that there |. now
no Limitation to the ;ire Of payirg lhe.e taxes an,
,h'te c@nno,' Therefore, he any exteu ion of time q r NJ
az i9i'' Is, tn I a law shalt be passed for a sale of
'ha ia'ds; and Iha. only will limi, the ,ims Of n,v.
"eu'. 1 ,ca'nos he contendej, tina, this plan would be
a mere change OF the remedy, such as the Legisi.,rss
Ia nod faih might properly make-besanss 4, ;s,o
operate on The riehi a together. IL proposes. (as !. ,hs
case IN the 8 seeion0 at he eud OF The time limited,
W 'ass tue "hoIe tract oil land taxed, an nothing more
nor ieE'' In The Dartmop,h College css,, this remedv
UT "h'o'cihg 'he violation o. private ri .hts, was AT.
,@mp,ed. and Tail d.. Upon the principles Of iisn. an
eX'ehsion oil time would not enu,le the debtor tn the
whole property under tie lien. NJ gentleman yvonid
wlth 10 Introduce a plan for the coIlec ion of deb,s bv
,etOspscnve, or &c post JdciO Laws, he hoped. Snre.
W. noue would be so bold, at ttis time. when a refor-
ma ION OF atu'esls expected by the people. I could
0 o : possible, that aoy gentleman desired TO rim M
III ues''oy the tights Of tn. peop,s, at mere disore.
uop' oy passing laws in violation OF public faith ana
lnen by enforcing them uud sr high penalties. Indeed
'e great Characteristics al last, which dis,inguish
most OBVIOUSLY between despoism and freedom. ara
me publicity and prospective operation of the laws.
wh,ch govern our lives, or lib sry, AMI our proper,v.
ana wherever The Legislature has powe, to mass ~
post Jdcto laws, or Laws inpairing the obligation nj
con'fact'' and ct chan ying the right Of prosertv no.
tween 'hjusands OF individuals, al m.rs di,cr.,ioo
',tre WIN be more OF despot SIN than OF freedom.
he wished tie bill 80 amended as to ef.ct the oraa,.
EST possible good, aud 20 IN. least evil By makiny il
operate pfosPe ciiveiy, in d few years ell the good will
oe eHee'eJ' that can be anticipated by prscipita,ely
carrying these new and un'red schemes of forfri,ure:
on'h they be aaop'ed and Prove unconsitulionaI. no
one ca" estimate the injury and mischief which must
fA' upon tbs unfortunate ri izsnS who nav spend their
estates in seeking what, n the end, thew must lose. U.
"i'heh 10 PROJECT them from this evil, and 10 pass an
set' 'h' eon.'tn'ionaiiiy Of wbich, no one would pre-
'enu . uono,, ana Ms may be dons.
NorE-Ihe III section was so amended az 10 provi5e
mat the forfeiture should not take place until the I.t nj
January mex and tbs II Ia = p ciion, 80 as 10 apbly to n y
tebiS aiready granted ft lnls Yves, of the Ale gbanv
ana 20 continue in force ter FIVE wars, and thew with
the 81 section, were retained Recording the Ii.ts w,s
%hoiy di'pensed wish, and the printing r quired to be
uohe oy a Jo0-printer. Several amsLd .nents were maJs
IN teiaiion 10 ths correction OF errors and mi.take. in
the lists. e'