Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-09

and ,},o, rt,oa nearly closed The lahorers
aged in this trade, al OF those recently ehsa2eu :"
The public works. are discharged nnd thrown upon tue
planning community t. increase tie quantity VI
iural prod,c,s and 10 l,n the market; we must pear
IN mind also that tobacco can be rTcouceo 20 an a'
unlimited cxlen: IN tac Western States, and whrat III
| the Northern and North Western aese cohs'Gf!-
aiioas assure Us tina, sudden improvement can oe
reasonably anticipated in oiT great staple conmodtts
! find on examination of the returns OF the commits
soaers of the ey2aae thai pleasure carriages nave in
creased ,hee foi te state III the last Ten years. hna
nea ~ FIVE !o,i in the county Of Halifax. Tear 'ha'
vihor branches Of luxury have greatly 'nc5.aseu, !"
ygai extent a,n unable 10 C*ji maize iha mat ''ie
taxes OF the STATE hare ber increased IN the last Ten
rra-s Sif.r PR cut Tho, tarn, Ia lie aiaAn9h ci
f!.s compared with ISL. liz 'ants nave not HI
creased IN quantity, nor Dg:9rtd ~ Vade-hri sia'es
,,vp d,.,Is he'd - nu:nDe! ami "e cha show 10 pro-
. mi in ;ic ir pace-Aer pleasure carriages have
increased near G.c :od-.rr taxes have been raised
from S63I3 - S3:.i, or "Pwa:aa oi SIXTY per cent
Let US balance tae account with virginia In the last
ten wears her lands have named IN stationary con-
di.ion-her slaves have d!minished-her pleasure car
rares increased mo:c than three iolher taxes raised
over sixty ner her great sta pie commodities as
low as IN c0ier loaas from abroad, sales of slaves
10 the Souta and manufactured tobacco To the North
greatly cnftasd-hsf currency as conlracled-her
| public deb, eight millions OF dollars, and constant
dram upon the people pay its interest. With this
candid exposition oil our circumstances. 1t must &c CD
yious that the proposed measure afford relief by
a stay of twelve months. We are thrown back in the
sane condition 1880, and must look for relief IN
The retrecc.nen of public and private expenditure 10
The rigid economy of that day. | should be wanting
in proper fidelity to my representative trust, II told
! TIE people otherwise. THIS measure Will pro!ong
The distress, and aggrarate the evils we snter-
! 1t will promote litigation, and increase It's cost
4 Experience eDd reason prove this, and the debts
which now hang over the country, at the close Of
/ the twelve months would he judgments, with the
addition of interest, costs, clerks sheris and lawyers
! iees Property wonlj into market IN greater
quantities and sell at lower pic's the larger part Of
TIC debtor Glass which seek tbs relief could not i've
the security winch the la.v reGnres and If their pro
peiiy covered by stag boad tGray Me ctect u
Il jut Hcat, they could .:,t credit dutng e%
,seare Tor the naceS&d1!Cs o. lie II would greatly
benefit toe lawyers sherilS, aud s.a9cIs; The Gsttor
class would Dc tie greatest sui in the community
These remarks apply equally 80 afaai,oa Is 10 - y
law. Il The ieiaa;io" jslo is 10 have any operation
whatever, II is 10 effect stay Of executions and, to
The cStcn. OF It's operation, nnGc' and DELAY the ord
nary administration .: justice. They are the same in
principle and dier only IN the extent OF thei opera
tcn.
Mr. h. proceeded 10 consider the relation which this
bore to TIE reputation OF the puhc debt, and
lis evasion OF the constitutional rights Of the private
creditor. by the Constitution OF the United States no
State pass any claw imraring tie obligation OF
contrac:S And by gu. State Constitution, lie same
PROHIBITION IS lad upon the Legislature. lie waived
The DISCUSSION OF the consti'utiun1! question, and was
wing - admit, and inclined 10 believe, that the
law may be 50 framed, that the States cannot pro-
nou:ce unconstitutional Though TINS constitutes one
OF the c.!ief considerations which leads 10 the making
ri most con;ficis, and enters iato c agreement oil the
parties, vel the ample power possessed by The Legis-
loture 10 fix the times Of holding Courts, 10 change the
tine at returns oil executions and utter the various
practice and process OF the Courts enables the LagIsa
ture, nader the pratext OF aod, ing the process oil
courts practice the greatest fraud and oppression on
the private creditor, and undermine the independence
aad WORTH OF the judiciary. Ide Judiciary Is mace by
Constitution, ordinate and independent branch
Four Government; yet The Legislature may take a%ay
rs c&ecnnaa t:adly the returns, 'a.y repeal e
fee tS Of clerks and siieis, go that noae Will accept
,;o appointment, and tlus destroy the efficiency OF ae
courts; and there remedy Though the Courts
ihe :ng Of the Legislature const!:n;es t!r great oh
lection 10 The assumption q this power Ii Ie iient
good t.h to proanie the ends OF justice, and
reEedg defects III existing laws, tins objection would
not apply. But When the intent is 30 6eieai The usual
anG ordinary administration 81 existing laws anu by
operation Of Law to postpone the lumen Of contracts,
/ 1t is slow aimed al the independent organization oil
the judiciary, and the very foundation Of our social
compact The people Of this Stale adapted their Con
Sunu with the express prcv;sion chat the Lerlsia.
tire AzecElire aud Judiciary departments shall be Sc
parate and distinct ;a neither exercise the powers
TIA! properly belong 10 either CT tie others They
prescribed The r.cue of organization Of the Judiciary
department ,,rong the Legislative branch, md Ger.
lainr gned that the Legislature should give the
courts the power 10 execute, aud The means 10 enforce
:Ge;f Ag:nen!s They did design that the exccu-
ton oil tie judgments OF the courts should be poSpoDcd,
changed and altered with the fluctuations Of ptices and
changes in popular will IL was designed that the Lees.
lsure should give efficiency TO the courts, not TO hinder
aud delay justice. TINS bill claims the obnoxious
right delca, the enforcement OF Judgments BY an
arbitrary exercise Of power lodged Will the Legs-
iaure for totally different purposes 1t calls for the
exercise OF power which be continued time alter
time under the G.o3e q, reasoning and The sane
situation OF the country, nr,i 1t leads 10 the cn;ire ab
.ogatlor Of the Gciafy powers, under the pfeiex al
;mPro:'ng ihc remedy aad promoting the ends OF Jus
ice. THIS legislative usG!p.,oe ot power nn:ing
the constitutional rgt - abolish the efficiency OF the
b c.cnuE teir process, IS ainrf alarming and
ohno&ors than plan vocation Of The Co"Sutba.-
The ,Gir4cl!on ia The Constitution 5e repaired by
a appeal 10 The courts ta ;i!s measure uadermi;!es
the Judiciary department, aud assaE"a 10 the egi>la
use department IT, entire powers He was surprised
members assert! that !; teoa 10 lie creditor
TO ALLOW him The use u the courts and It's process 10
collect his debts SIR, i. is AZ assertion not sustained
by facts or the nature at cpr Government. When We
adopted the State CONSTITUTIONS expressly contract
ed ior judiciary department and have guaranteed 10
Us Ia. t::al by jury. and all the people meant ii should
haze separate end 80 eii;ceat organization Independ-
ent OF the legislative department; II is 10 tOon, but
constitutional and vested right OF phch we can only
he deifaudcd b. Legislative trek.
The public and private creditor occupy the same po-
stion: 10th depend the justice, COED faith and ho'
nes,y oftfe Legislature the Legislature cvade the
!s:y Of taxes 70 pay the pnbc creditor or postpones
year after year iumcat o' i,s public contracts, the
public cretior has remedy. 1t VIII be practical re
pud;aon. II lie courts be closed TO the private
dior, the execution be stayeI year alter year, the
private creditor is poweress Tie dstresses OF the
people opefsie rs strongly against tie raising of taxes
ersnst tie !niiinent Of private contracts against
Tie laymcnt of tie raLl!c debt as The private debt -
SoPhislry and casnstTy NAY in gn'a draw distinction
- IA pqut!iv dpri0.a!t. their tcgdPDcV
casting the stain The good faith honesty aud
justice IF lie SAFE II there be Il difference, i, IN
favor OF lac P:Iyae creditor -, uadsf eysiing le"
lie as%s cid and can ehain !s rights without the
Pc st:ve nererencc Of; the legislature, SIR, should
con,om p,a;e the acts Of o'aer Legislative bodesoi
Congress, il The r.ssc.e q HE suktGpt ia.-ol the
s,:a;.s in refusing Law ascs nnd repudIat'ng tslr
pubic ,.,--if the rapid strides of mere majority to
samPe uade: lao; all r'nc pies ot justice aud the sa-
c.e rghs o Tic minority sec;:,9 Ia tla Constitution
land take warning iro.n those examples. The pro-
ceeiings oil this Legislature may 60 lar to redeem the
lettering faith OF the State and restore public and pr
ya;c dt-Dy 'mor:! laws and anwse policy, they
may sink it to the lowest del Tbs Of financial and moral
i E,,ti In