Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-02-01

ni;tec man advocate o. f'dtrii i.e'a''l'' ~
n l.35 and in l>33. But ST. have dweli, perhaps
~ I,,, rnon ,h.s branch ot Tire discussion, and IN
,sr,ni,l character Of the geaicm.n here, ana a.
,;s,,cl;on thrauron, the country, must plead my ap"
.ory for the especial notice have taken Of hun
r-occrd nov Nr. Speaker, 10 GlscGss nc me'its, o.
,,h- ,, d,,,fS Of the Bankrupt Law: aud mere, per
49,, me 10 say Tia, VIXEN see the Constitution OF N.
n,,ry invaded hy the high Federal Legislation "hich
lie late extraordinary SESSION CT congress, NV
So, If pouq:ion Of Distribution, OF ban6, and OF ,ah"
.gp,es in comparison with Tie combination anu e',i ven
oc If ub;ch The Alien and Scd,tion Laws SINK into
, ., nerG.ct insrn!iicance, rush to the rescue Us
IA ,La Renubl;cans OF ss'9S-99, without stopping TO
conn, tbc costs or calculate personal consequences
am proud 10 represent on tins ilocr, consttuehc!
,.,rs ;.,,ous OF Federal entertainments, and who
urize the Constitution III IT'S original purify ABOVE al
n,icc dare no. rs the chosen organ OF their feelings
nd thor will while that sacred instrument, lthe per
on;Gco,on Of The spirit of departed iahcrs) IS seen
bleeding at every pose-l say, Mr. Speaker, dare not
Contemplate the hazard count the cost oil an effort u
roc,r,nrc il from the hands of the Go;hs-nay, more
Sir have taken an oath before God and man, ITO sup
mr., mir Constitution If tie L. S."-and tins mnst-
LoiI H., done while have heart 10 beat, an arm 10
RMS, or n tongue TO Spedk III It's defence
/ am opposed to The Bankrupt Law, Mr.. Speaker,
Ia because il unconstitutional III lis essential ProV
s;,ns secondly, because il is not eApedent, and
,h;rmy because il is immoral in lis tendencies By
Tho very terms of the Federal Constitution Congress
IS forbidden from passing any "tr post Jafto td,e,
which according TO my construction, and The pam
mpot Of the term, was intended TO protect al ooh"
fd contracts between competent PERSONS as well as u
shield all acts lawful when committed from the oppres-
siye interference ote subsequent exercise ieglsiatve
powcr Bat Tor tins sautary constitutional restriction
nuo tie Authority Of Congress- all confidence he tween
The citizens ofte country must have been seriousy ane
lpiuriously imnared Contracts being always vounta.
~ and founded in the idea Of mutual advantage 10 both
pa tics, would seldom be entered into, It they might
at any future time be orerreached, nodhcd, or abo-
EshcI In the caprictOuS the i1ndici""S inerposI-
ton Of the Legislature The purchaser OF horse, or
slave o. any other species al personal ciatteis, would
ponder long and rcvolve in his mind many an anxlous
doubt before he would consent to part with his money,
ar perform aboous service Tor the vendor, u lie iei
that the tenure of the property was neither lxeu nor
secure against future, legal diecS!ment The grantee
decd of real estate could never encounter the labor
and EXPENSE of improving his farm by the erection OF
buildings and enclosures and, least OF all could lie en-
iov the attachment Of home, ard tie peace OF mind
which sweeteu and entear the lite oil one, whose
bosom is invaded b. distressing cares, II he did not
consider his rights inrc'abie and his possession PER
a,aeat. Mr. Speaker Ii Congress, or the State Lee
rislaures could pass Ger pest tacto tairS, - mean
laws not operating prospcctrcty, but reaching back
and intended orerrne and dnna contracts, (eihei
IN whole in material parls previously entered into
mark me- Sir Ill crcG all conGdcnr" all justice, would
be al an end The savage rule would ilen prevail
.sia h. >lruf who hath Tie power,
Aud IL Should Keep = h. can'
Hence III tile irlincrS ol TIE ftNeTal Ion
suton 10 deprive Congress and Tie State Legisla
lures of such engine Of oppression a. they dad do
when they prohibited MI from passing "tf past fario
ia,rs" do deny that laws may be enacted having
4 rttrOSptctrc operation upon contracts previously
made provided they intended merely to rsguiate
I'm, no, 10 adol,sh ,hon--Tbcre another provision in
The Federal Constitution, which iorbids the State:
from passing any law "tni@rtas mr. othsaffonS ~ ran
,racs, and such power - conferred either tp-ess'.
or by upiicditnn upon Congress oi course, neither
i 1 .l.,t,, :
violation Of tie Constitution any law having tha
effect And We. the lianLtupt Law, now under con
side ration does merely orcrrearh all prerionS anc
tIi.ng contracts, wilh tr view 10 change the relation
and IutitS q! 1T parties, tnt It ,mgnTS, nay, SIR
dlsTogs the Oo0tjcp& ~ contracts by granting 10 The
debtors If iher INSTANCE, upon petition, an ahso
lutc .;seharre from their ccSs, uc Gully lrhoa but i
MAJ be- agatast the consent OF creditors In THIS re
spcct the Banl;fup, law now under consideration, i
dire city opposed 10 the principles and provisions OF tat
/ Enrlisb the French ard Tho Spanish Bankrupt laws
which re specially enacted for tie benefit OF tred0r
and not ui deGiorS |, may he proper for here Il
declare Mr. Speaker, that regard an post dco fa,c
and a law "imp9Jtnc me Obligation a contracts, n
in effect, the itiHg, 80 Tar IS II operates upon
IRE etis,ing contracts F"r, if \. and l. enter into
contract with vicw OF deriiin. from il reciprocal be
nefls and the Legislative power cjtorr4rGS interpos
10 diminish the advantages rfthc one, and taiargc tos
of the other not OILY has an pest e'o operation
chen ring the Original contract but II also, a the sam
rraor the bcstcwuicnt Of" J0"aty o toscsecn hy TIN
parties or embraced within the terms scope Of t
contract. Thus then, Nlr. Speaker the observation
have made 10 prove lie nncons;itutlonallty "f th
Bankrupt Law because il intended 10 have 80
nos, frto operation apply with equal force 10 Prov
that Il violates the Constitution because ii "mrars III
oLiisa'io.s If coRtractS Nay SIR, this the YER
doSjgnRnd purpose Of ITS enactment il was intended
b,A1nA fH STROKE Of Ford po,rtr, 10 Dissolve forcre
Ill dGoas Of more than rc handrcd thousand DEBT
orr; aS DESTROY tie ,ightS Of perhaps than tire
times that number OF crcditors Upon III" petition of
receirt for money wIrh lie nercr pull. THIS, Mr.
Speaker, - IL nv ornion, "a paipadte amd da"gsrGu
breach ,of the Federal Constitution, and therefore
think The law ought 10 he repealed
T. / come now, 10 my second proposition, tina
the Bankrupt Law;ns unnecessary and in'spedi
s, MR. Tss ~ va. be G ss csast., s
o. States, ,hr 4l April io0O, to continue in fore
for five years; and that, aitG an operation Of two
that i, was repealed without difficulty With til
exception Of tins bret space, have done witlIou
a Bankrup, Law for more than a half century: durn
winch t,uc this county has advanced in civilization
improvement, wealth, and happiness, uncxampcd il
The annals Of the world Or people have been laugh
to regard their obligations a. sacred, and the faithful
execution OF their contracts cnjoined by every con
s,'ieration OF moral and Sg" duties. Our inmcns
doman-,hc iert'; and productive quality Of our sol
The saubrity ana seasonablcness 81 our CLIMATE III
industry and economy or our pcople-the rich reward
OF ou5 agricullurc-ihc tcurishng condition our ma
nuiaciuf,s Il and the progressive advancement Of on
already widely extended conimcrcc--inane /; cas-,
task IL Prudeat met % pay their debts, without III
sporgia-. operation ct a Bankrupt Law Even in Eng
land, Nr. Speaker, VIII re- commerce and trade are TN
ps'ncil Il cmf:oymens otthe people, to whom Bank-up
Laws wond seem irh" peculiarly appropriate, the sys
ten isaa been condenA hy any u her wlscst states
men, and able urists Of o,igiaa a,Iyedi
enfy Among this q Is found hat hTsh, tnie' ctua
lnmiriary, Lord B.cu 'an, who decidedly al opinion
that better for gand that the system should ne
yer have been introduced INTO her code Of laws II has
however, been so long operation thai coun,ry-bc
conc familiar to TIC habIs aud affairs Of the pcopc
and 50 thoroughly nicrls.:Sd with the framework o
her civil pclty, that the hope, much less the attempt
OF lis repeal, would lie ia. and nugatory. II is Mtre
like The banking system h'rs--oi pmciS, coacspfioa-
"fopp' operatonhu of -tnding trisiencc
Tie number, the par'lou ar,y. and the lcug,h Of ;hc
statute passed by the British Parliament upon this sub
jet prove The difficulty Of maturing tie system, and
MI