Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-02-09

SUo~Vatr8 cQtSve0o Anon ID every o0t0 OF
property, whether it BE- sok Tor cash or upon
time. sell you my horse and you contract
to pay me in three mon,hs-- before the lapse
OF that time the Legislature interpose and say
no, he shall not pay for twelve months. And
if they can postpone Il Cor one year, thew NAV
Tor Ton years or a hundred, for the principle
is the same-and thus, though you are bu, act
ing upon the legal remedy, you are in effect
not merely impsiring, but destroying the Legal
obligation, by destroying its vitality-and tho,
the moral obligation remains in full force as a,
first,yet is there not left any scaniiila jmris to
give efficiency to the contract. Mr.. +. refer
red to other supposable cases Of legislation
affecting merely existing remedies which would
be plainly unconstitutional. But Chief Jus
tice Marshall himself, in taking this distinction,
IN the well-known case Of Ogden + Saunders,
clearly indicated the test whereby any 4legis-
lative change of the legal remedy" is to be
judgcd.-Every State, he said, has within her
control the modification of her legal remedies,
but it is for the rightfui, legitimate purpose of
extending and improving the administration
ofjusiice by improving her process or other
remedies, MOTTO cripple. Justice by etfectually
legslating away existing remedies. Srhe mo-
tue OF the proposed change, therefore, be-
comes the test Of its ccnstitutionality. Is it
designed bona .fde to enlarge and peri. the
general administration OF justice? Then it is
constitutional Is it on the other hand in
tended to postpone aud SO far forth defeat con-
tracts, to impair, or annul them by impairing,
weakening or annulng the remedies existing
at the time of the contract! Then it is i'm
violation both of the spirit and the letter of the
constitution, and the check upon such Legis-
lative encroachments is to be found in the SOL
cmn sanctions and official responsibilities urr-
der which its members act. Sir, for what was
Government itself established but TO protec,
the weak against the strong, the honest and
the Just against the lawless and the unjust 7
In the distribution of its power you assign to
the Judiciary the protection Of the rights Of
person and property-and to this end you
arm 1t with the power of enforcing contracts
But of what avail is it il a coordinate branch.
the Legislature, may step in between the court
and the citizen and impair or annul his rights
by impairing or annulling his remedies I? II
Is not less at war with the very genius of free
institutions, than with the spiri, of the Consti-
tuition itself.
IND. The enpedicncy Of the proposed meas
ure. Did time permit, it would be most pro-
htable to investigate, fully, the causes of our
present difhcnltes. But this could not be done
without reference to grave political questions
and "reminiscences; and fearful of introducing
INTO this debate any thing having the least
political or party 5ias, Mr.. f. would content
himself with mere aifusion to the fact ofthe
vast increase of banking capital and circulation
from 1880 10 '36, without tracing that fact
back to its cause. Cooperating with this
Stimulus was the great rise, about the same
period, i'll the price Of our staple export, Cot
ton, which, of coarse, elevated all prices to the
maximum.-This brought on sort of nation
al mania and rage for speculation and amak-
ing haste to be rich" We were fairly embark
ed IN second "Mississi2pi scheme" or a
mother "SoutlI-sea bubble" But all bubbles
will burst, and so did that Of IS36--not harm
!essly, like the sportive bubbles of childhood,
ou, iuriously asa tempesror mountain cloud
pouring Its angry contents upon the heads of
devoted people A distinguished financier and
most esumaoie gentleman of this city,in speak
ing, on a public occasion. Of these scenes, had
remarked, that we were all intoxicated then.
but as cold ,cater was now the order of the
day, we were getting sober. Yes, Sir. if Won
Will but let the people alone they viii drink
cold water and get sober. Sir, they have got
ten sober already, and with vengeance; but
Tor Heavens sake do not ill their brain anew
with the phantom Of legislating them out of
debt. Convert not this legislative Hall into
vast laboratory for the concoction of anv
such eXhilerating gas-an exhala,ion it will
prove more mad'ning than the intoxicating
bowl. Resort not entrcat you 10 any such
fatal emplricism as This. nor, seek thus wildly
to emulate the old alchymists, nor vainly hone
TO convert, not the baser metals merely, but
unstibstanual paper, iato gold.--No, no, the
people understand this thing far better and III
let alone will bring all things right Extraya-
gance, as was remarked by the member from
HALIFAX, an all pervading ex.ravagance, un-
knownto our forefathers, and incompatible with
the simplicity Of republican manners and in
stitutions, had been the bane(uI evil, but must
add that never before in the history of the
world have any people applied the true cor
receives OF industry and rigid economy with !
more unsparing hand or self-devoting spirit |
than this people are now applying them-to
their eternal honor be it spoken.
Mr. f. went into an examination of the de-
tails of the 5ill--showed that it was in effect
nothing but Stay-iaw, encountered with |
heavy and expensive machinery of valuation
or apprasement-tlfa there never could be
any sales of property so long as the law itself
stood as a by-bidder, at two-thirds value. &C..
SO that the whole system must result at last
IN simple stay of execution, but with greatly |
increased burfens and costs to the debtor.
lie pointed out the motives and inducements |
it presented to creditors for increased litigation.
because, lst. the ultimate collection Of their |