Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-16
LEGISLATURE OF VIRGINIA.
DEBATE on TIE ST3Y Law.
HOUSE OF DELEGATES.
icLnnclIn,I Eel lsl2
" e0Hesddy, FeO. ], ITO.

HOUSE OF DELEGATES.
| Wednesday, FeG J., 1913.
i MIR. LEAKE of Albemarle said That he fell grea
difhdence IN attempting 10 argue the important question
before the House. The side which he advocated hat
been so fully and so ably argued By the gentlemen rou
HALIFAX and Augusta, that but little could be added
what had bsen already said by them. He felt diiident
too OF his own ability to do justice TO The subject; anc
but for The fact that he believed in his conscience ha
the side of the question which he held was me very
right OF the case, he would not have said Q1e woTc
Sir, said Mr.. l., it cannot be too muc!f&9srettee
that this snbjec! has been introduced into House
Its very agitation is frausht wthathe moYH6sas;rou.
consequences to the country, AcLlated to en-
nance the evils which it seeRsei Dha, there
are great pecunary distress an HsiEent in the
country, cannot be denied b,h3 distress enc
embarrassment, has been greatly Mated, there car
be little doubt If any safe certain means Of re
lievng the country from those evils, or OF materially
mitigating them, could be devised, no man could b
moie willing or anxious to apply the remedy than
would. Bot believing, rs do, that the measure now
contemplated, will not only mol afford The desired relief
but will seriously increase the evil, and excite hope.
IN the unfortunate debtor classes which are destined
TO prove entirely ceusve, cannot but regret the ag;a
ton Of this at ALL Members OF this egisaturs
have, by their clanor for measure Of this kind
contributed 10 raise those hopes still higher; and have
excited belief, in quarters that can, by
sort Of legislative iegcrdsmaa d!spe the clouds Of adj
versity which have settled upon the country, and re
store almost ins,an'aneousy the sun light of prosperity
: '"o'A' A --r---..u..s are iiusive. STAY
law or any kindred measure, cannot "reeve the peo
p!e but will add 10 their sulerngs as shall presently
proceed TO demonstrate The only remedy is the cure
and effective now in operation. The laws of trade
if LETT to their natural md heathfu operation WILL OF
Themselves, produce relief. Let us not disturb them
by an artificial aud unnatural regulation.
II is at II times hazardous 10 tGmper with Il had n l.
most said to inksr) the administrative justice OF the
lay,n
ven!urcd upon, unless there be almost absolute Ger.
tanty of Attaining the desired end; certainty and sta
bihy in the laws regulating contracts and property
being necessary TO the harmony and qnet as they
are essential to the solid prosperity oevery community
Frequent changes in those laws a.e therefore 10 be
avoided far possible end ought to be particularly
deprecated, when designed temporary aud uncertain
remedy for temporary evil The peace order and pros
perIty of every community depend very materially up.
on the steady, uniform, and tguai operation Of the laws:
and the currents Of justice never be turned aside
from their Legitimate and ordinary channels without
producing jrfing ard discord in lie whole social avs
tenn. The laws regulating private contracts above all!
ought TO be nerered with little as possible Under
our present system, each individual knows his own
rights and remedies, and respects those OF his iec hbors
He feels, that there is sacre6 obligation u2on him to
comply with his contracts and abide the laws Once
unsettIe the system, however and by an immoral ens
nticD teach men that their contracts not go saeredy
binding hut that they may be lightly regarded and
postponed to conscientious OF mere interest
nieuce the effect upon the morals of the ncop!e
will be disastrous in the extreme The great object Of
ell law is ought TO be, the enforcement of tie mo
raj Obligations, incumbent upon all and any law OF
system u laws which conn,erac,s those obligations is
&c, only unsound in theory, bet unsafe practice
That Stay Law, however mndifisd, is raught with
the immoral tendencies TO which have ihuS brcfiy ad
verted who will look closely 10 the subject ca
fail to PERCEIVE Is not only does not enforce The OBJ
legations and requirements Of justice, but absolutely
encourages . The violation q the high moral duly OF
doubtless, out of considerations of this kind that the
constitutional maxim, that ''no Law impairing the obi.
CATION OF contracts Ought to he enacted, giew-a MAX
im founded alike upon the Princ Piles OF natural justice
and of sound policy.
The gentleman from Buckingham, {hlr. Bocock,l in
his ingenious argument took occasion 10 congratulate
himself that the constitutional question had been Weld
ed b. the gentleman from Halifax, (Mr. Edmunds) /
did not So understand my friend from Halifax ! un.
derstood him acniring, not s'ycidiUg the constitu
iional question. For myself, far from yielding OBJ
iections 10 this measure, growing ont of lis want OF
conformity TO the Constitution, rely upon i,
answerabo argument against il; aud ask the attention
of the House TO very brief consideration OF the con.
stu.ona question
Tile Federal Constitution declares, that 'no State
shall pass any law impairing the obligation of con.
tracts" The phraseoogy of this clause is peculiar
and deserves particular attention. You shall not ''im
pair" not aEnui; but, you shall not "impair the obi
CATION Of contracts | am very we'll aware, MIR.
Speaker that able and enlightened statesmen have DIFF
fcrcd in the construction Of this phrase. Its precise
meaning so far rs am Informed, has yet been
setled and from The generality Gifts terms is, Perhaps
impossible to give them any very certain and exac,
definition In my opinion, however, any law that
alters either The terms the conditions oil contract,
entered into before its passage so as TO render II less
available, less advantageous TO either party lnpairs
its obligation To impair contract, II certainty can
no. be necessary annut it. Indeed, no law can an
Il hmm 6Je n
obligation. The law only operates upon remedies, and
oil that any enactment do, is 10 take away the re-
mcdy or SO to alter and ftter it away, as 10 render
totally unnvang. AS soon this is done-as soon as
The benefit of contract is destroyed by law its oblga
ton, in a legal sense, is gone. Now, Sir suppose
this Legislature, by solemn enactment, pass law
taking away altogether the right Of parties tn enforce
their contracts in the judicial tribunals of the State
II will hardly be denied that this would he far the
law is concerned total atrogation Of all contracts
Does it not then follow, that Whatever takeaS the
remedy existing Of the time Of the contract renders
that remedy less availingin other words, that what
ever mpa,rs the remedy, mpaIrs the contract itself
My friend from Buckingham insists, that The remedy
is no part of the contract and areues. substantially,
tina, matter Of grace TO the creditor to permit
him TO enforce his contract in the judicial tribunals of
the State. But this mere dogma has been hazarded
without due consideration, and, Ike most other dcgmns,
is mol founded in truth If true it divestS all legal
rights whatsoever. lndeed, there can be no such
thing iegat right unless the power ct enforcing
that right be co-eval with IT. because it is absurd to say,
that the law guarantees right, Without al the same
timc guaranteeing the remedy idsthat right; Hence:
the common law maxim, that "every rig ht has its re.
medy. 1t must either be admitted, then, that the right
of creditor 10 collect his debt, is not legal but sin
ply moral one or it must he conceded, that the rene
dy as well as the right strictly legal one II is
fairly deducibe, then from the whole spirit oil onr
laws that the power to enforce contracts in the Judicial
tribunals of the country, according 10 the remedies
existing the time of the contract, matter OF clear,
nndspued, legal right, which en,ersinto, and consli.
tu;es essential part of the contract itself 10 take
away impair those remedies, therefore, IS 10 impair
the contract.
But, Mr.. Speaker, 90 further still, and lay it down
general proposition, tha, the basis OF al credit be-
tween individuals, is 10 be found in the guarantee al
forded BY the law, that The payment Of the money FOR
which the credit was given, may be enforced in the
legal tribunals of the country. This, say, Sir, is the
very of the credit fer, man would either sell
his produce or merchandze or lend hs capital, upon
credit, if there by which The debtor
could be compelled to comply with bis "promise to
ao1c and n