Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1858-09-03

dlvldual rascallty auu destroy cOuhuence
between man and man. Yet such must
be the effects of a. law, the passage Of
which they recommend to give force to an
unconstitutional interference with private /
contracts. That paper says:
"If II were known ih,t the payment Of debts
In the notes Of other States would not operate as
"a legal acoiuttsnce, ard that the creditor could
still sue for End recover the amount IN specie. no
one would offer these bills IN discharge Of liabi-
ties "
Such law would not only hold out
temptation to dishonesty, but offers a
heavy premium for it. Upon the borders
Of the State, the currency of Kentucky,
for instance, would not only be great
convenience, but almost necessity, and
heavy transactions would constantly &C.
cur, in which that currency would be the
consideration and the speciekept at home
that would otherwise have to be paid to
Kentucky farmers for tobacco, pork and
wheat. But when it is known to dis
honest Kentucky planter that he can come
to GAINESVILLE, sell his produce for fair
price, receive the currency Of his own
State in payment, and then turn round
and recover from the buyer the original
amount in specie, and thus be twice paid
he will take special pains to profit by the
ubiquitous law. To make, and keep men
honest should be the great aim of law
givers.
But suppose the paper of other States
can be kept out Of Tennessee by repeated
acts Of rascality, under the sanction of
law, and the prostration of confidence be-
tween man and man, what will be the
effect, commercially All our merchants
and importers must pay specie to dealers
in other States, and thus become collectors
of the precious metals to be boarded in
foreign banks, and at the expense of the
home currency and the prosperity of the
people of Tennessee. If a merchant in
Nashville owe an Eastern house $40 900,
and the collector calls for it, it will not do
for that merchant to say, here, sir, are
bills of exchange on New York for that
amount--receipt my bill and take them
And why will it not doP Because bills
of exchange are not legal tender, and
though that collector may prefer them to
specie, our law holds out premium for
rascality, and confidence in mems honesty
being impaired by that law, the merchant
is afraid to pay his bill with eastern ex-
change, lest the collector may afterwards
sue him for the specie. The effects that
must follow such state of things are too
palpable to need elucidation.
But leaving out of view the demoralis-
ing effect of such law and its depressing
influence upon commerce, how are you
going to enforce it? Suppose factor in
this place, buys of Mr.. A. crop of tobac-
co, to be paid for in Kentucky currency,
by private ACKNOWLEDGEMENTS the
tobacco delivered and paid for, and the
buyer takes receipt for one thousand
dolldrs-the currency not specifed-is
there court in the State that would en-
force re payment On the contrary, there
is not court that would no pronounce
the law unconstitutional and iniquitous
and the plaintiff, scoundrel Such an
interference with private contracts, forbid
den by the Constitution and condemned
by every honest man who had carefully
looked into its character, would never be
tolerated by the people of Tennessee
Suppose, further, that A. gives his note to
B. for one hundred dollars, payable in six
months; suppose when it falls due, B.
consents to take Kentucky paper in pay
ment, and receives the same and surrenders
the note to A., can law be so framed,
under the federal Constitution, as to force
? A. to pay b. one hundred dollars when the
latter can produce no proof of AS in
debtedness, and when A. has in his own
possession indisputable proof of the pay
ment of the very sum for which he is sued ?
{ This is n private contract between A. and
B.. all its stipulations have been fairly
met, and both parties are freed from the
obligations imposed and shall we be told
I that the Legislature of Tennessee has the
constitutional authority to enact law
that shall interfere between these parties
making the one debtor after the debt is
t paid, and the other a creditor after his
claim has been satisfied, upon his own
$ terms2 We are no lawyer, but we know
| that two men have a right to enter into an
I honest bargain, and that when they have
honestly complied with the terms of thai
bargain, they are beyond the reach of any