Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1840-04-23

1S"lus ~ tTduSr promises 10 denver certain
species OF property al certain Time and place:
before the time arrives he ascerlains that the
importation oil that kind Of property 10 unlaw
iul, He IS not bound 10 deliver il, because he
is already bound 10 obey The law.
Sd. But mark il is The Performance Of the
promise which must be unlawful, in order 10
render it void. lf purchase contraband ar.
ticle, and execute my note for its value, or
promise 10 pay, have no moral right to plead
tie unlawfulness Of the contract as an excuse
for non pay meni, unless return the property
10 the owner 1t would be unfair for Two rea
sons:-hrst, have had value received for the |
amt. promis, d, and have no moral right to an
other mans property without giving him an E.
qulvulent. Secondly, il was the giring g. recei-
ring The article that was unlawful, and not The |
mere act Of paying for it and unless il can be
shown that the making payment is in itsell an
lawful, am bound topay. The same remarks
think, apply with equal force, 10 usurious con.
tracts. am aware tina, this is treadinp on
contpcvcrted ground; bu, lei me Gu, short the
matter by asking one plain question: VIVA, is !
your motive in pleading the unawfuIness OF
contract, in order to get rid Of The debt, or TO
make your own time Tor payment? Is i,
pure regard 70 the majesty ofthe lava con
scleniious regard 10 your duiy as citizen 10
uphold the law? You well know il is not
Suppose The debt were due 10 you instead OF bV
you; would you plead unlawfuIness in order 10
get rid Oft? guess not Why then wilIi
you make that plea when you owe a deblq III
is not tender conscience, but selfinterest, in
nine cases out ften 81 speak as unto wise
men,"
From what has been said we may infer thai !,
the law Of the land is not the proper Standard J.
oil morals. We are bound by conscience 10 do !
nothing which The law iorbds, but at The same
time weare bound by conscience TO do manyI
things which cannot be enforced by law. A :,
man IS morally bound TO pay just debt of more &c
than 1--WE years standing, or one contracted he. u
fore he was Of age, although neither could be to
collected by law; and he that would avail him. TO
self oiihe law to gel rid of such deb, need moi inc
'e told that he is dishonest he knows il q /. VIII
eady. And yet how many make the law their tiol
lapdard Of morals in money matters! If anc
hey can get rid Of a debt by some ouirk VOL
Inc law or some mistake or omission in al
nc papers, ihey feel themselves released - our
Jay we be delivered from such honesty as Wet
'' a., ton
III Promises are not binding in some cases. tim,
mere they are made in error or on a supno. disc
llon that proves Ia be false. FOR instance icI III
cleni makes false or unfair representation NOV
his cause to an attorney, on which statement,
promises 10 undertake the case, the lawver
not morally bound 10 fulfil his word; because 1t
condllon On which he promised was false. wills
,a'h: a. Duysa piece Of land from B. AT ten ing t
'u's an acre, ana u Ter giving his note finds that
eau oman no nile 10 the property if he proa
Is Tor y he IS not morally bound 10 nav tiers
consideration having failed But suppose ton
ire is no difficulty IN the title, but on exam.
lion The lard is ioundto be worth but two
lars per acre, ne is bound to pay the ten. be d
Use the intrinsic value oflhe properly was beer
condition oi the contract In this case Stat
doctrine OF The text would apply with full gust
&c: "fe that sweareth to his own hur!, andI g.
'hge!h not, There would be an exception. b.
"ever, 10 this rule, il fraud has been prac-
ID on thePuIchaser. The rule thai oupb, 1"''
govern all such cases, is his: If the cond.
or supposlllon on which the contract is TAU
de be fairly understood by the parties, and der
all the promise is void; fit does not fail the nJur
mise is good doub
v. Lastly, Contracts are rendered void IN that
ne cases ny the failure Of the opposite party Publ
Ierorm his part of The contIact. Bya con requi
It, we mean a mutual promise; where one point
son promises 10 do a certain thing on con cant
on mat another person does something else
cihed IN the bargain. Now suppose. w
mise 10 take walk with friend an cor anxio
hour, and before The limo arrives, he de- comp
rs taking the walk; am tree from INV QUITO
mise. A. promises to pay B. SO much Tor erwin
ad Of corn delivered at his door LIB. fails rency
ellver II, A. owes him nothing. Supposel will
'e men lorna coparnership in The mercan Noy
Ia, "'e p'ls ~ 80 n'ueil slock say it
y; II one OF The partners choose TO With LII
from The concern before they commence ~,
ness, or incur any liabilities, the other Two 10y
released from their obligation TO proceed ''a'e'
! The business. tits now discretionary with pupof
y to form new Partnership or abandon the ,ns'ea
cci hope
Ut suppose ALB. G. d. g. L. enter into Harris
in the same line A. is worth r'ous
0 dolls, u. 10000, c. 10000, &c. HAVING greet.
I'd themselves together. by suitable obiga.
!, they commence business, and after in
ing Liabilities 10 The amount Of 100000 AZ.
IRIS at The north or elsewhere, the house r..
} and IS compelled TO wind ~. Now what iii ~,
nature oltheir obligation? 1t is evident. people
J iwo-lold character. ls They are the by
rally boundto each other, by their mutual other
sment among themselves, TO pay the debrs Inv s -
SohccIn W proportion 10 The amount oil TO show
each put IN; But End. each man is buund and wa
, (.II ..w.A r. L :. .N II llytIl lne