Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-07-09

| oH aS'ono VI hStiOi!S, lUlH tIc uuVS OF hdttcl
to Chancellor Kent, in which the distinction is
| not pointed out and declared 10 be settled ard
| acknowledged between the right end usage il
| lime OF war, OF coaiScalicn VI suspension by
! the State of It's own Obligations to the citizens
| Of the heilgercnt, and the suspension OF con.
| tiscation, Under the authority of the State, OF
obligations due from its citizens to an alien
enemy. The principle upon which it has been
introduced is this: when Il debt is owing
abroad, the citizen there mas no remedy of the
courts Of law. i is a debt Of honor. lie re-
lies only on the t!;h OF tho State, without any
other security, and it is tho only ground upon
which he expects to obtun the satisfaction Of
his ciaiui. The paymen; OF this debt MAJ to
some extent increase the resources Ct the era
my to carry on ihe conf!cG, yc; that consiriera-
lion hes been regarded Of minor Importance in
connection with thu higher considerations Vi
keeping the faith and hoaor OF the Stale above
all suspicion.
Now these are debts Of tho State Of Virginia
debts contracted solely upon the credit Of tho
Commanwealth-debt for which there is no
remedy for collection The State cannot be
sued as defendant, and the only remedy is her
own Willingness to incet the responsibility she
has incurred
1 OclOiIn lO itIlt SCllOOI Dt IbolillCElnS VINO
have l:eld that under the late Federal Govern.
ment, our association was Il compact between
sovereign and independent States and that,
except 50 far as the rules Of public law were
concerned, these States, as between themselves
aud the rest Of The world, were under the obi.
cations of nternatona! law The right Of
secession dciuce from these principles.
The obligations Of public law, applied to US
now, impose upon this Coumoa wralth the
necessity oi adhcrin; to the usage Of all NJ
items ivr macy Centuries, "f Teli;;ouslv regard,
ing the obligations which have buen contracted
solely up5I, its oru credit. So much 'or III:
question III ST iate9aation"l p"iDt Of view.
T. is clearly !: violation Of constitutional
obligation. We are HOW under the CnHs;!u
ton ci the Provisional Government Of the Con-
ftc;cratc Sta!os. That constitution follow ing
the constitution Of thu United States, prohibits
the States frota passing any law nrpaising the
obligation Of contracts.
This restriction is desi sncd to apply to the
States themselves, acting through their ordi-
nary State government. Tho Question aS to
Whether the obligation 0I Contract Is binding
upof: :: Sale in It's S,'"crc!sA c9r"ciy when
assembled in convention as weii as when ac;.
ing through its ordinary Legislation, has oren
the subject OF the most elaborate arguments;
and the Supreme Court Of the United STATES,
| few years since, decided in re!ercace 70 TIC
State of Ohio, which, through Contention,
had interfered with the privilege Of certain
banking companies. previously granted by the
Legislature, that q State, so long as 1t was in
the Union, had no more right to rcpud!atc the
obligation of contract by any law or ortii-
nance than i. had throug q its ordinary State
government
Now, that decision il as binding upon Us IS
upon our iorefathers, srlo regarded it Is tho
| common law when we separated from Eng!an!.
The case of the onfscat:on OF dta:; BY cur
fathers is like that made under the authority
oi the Federal government in tho Revolution.
/ remember Ii speech Of Pa;-;ci; Henry, ii.
| :7ii;c,l he gives as i reason wuv !;c vas not
; hound to adhere &c the ussees Of nation not
| to con.iscate the private property Of Our enc.
| mics, that tie lew Of nations beng founded
upon the agreement and usages oI na::oas,
| We were not as new government! b9G"i 70
! observe thoEo ussgcs
| Various other considerations we're snen:;na.
ed by him, bat merely refer 70 these 70 snow
how entirely different the case was ircta that
which We are new considering.
1t was then case Of citizens .! or c1ua.
try owing debts TO the c!!iZeEs cf another
and, consequently they were not embraced with
in the sama princip!a which influences tho ac'
ton Of State. In reference 20 !. State, the
practice Of nations is not 10 confisca!e. the
case Of the Bank Of England furnishes no eE.
certiou The stock CT .aat bank is owned ~
much By individuals as that Of any bark in
| Richmond. IL is true, however, that 1t IS con-
t-olIed by the Government TO 3 certain extent
| Mr. AMBLEa-I did noi refer 10 the debts nf
the Bank o! England. bu: to the debts Of England.
| | am aware that the control cvs- tho blnk IS
limited, aud that tbs debts belong 10 tic iE-
stitution.
Mr. HoLcoMBE-In regard TO tine mlin quc,-
| t:on The law OF tho Confederate States goes
no further than TO prah!bi. tie payment
during the var Of debts dus from the cll-
zens of the Confederate States to the people
Of the North. That is the acknowledged right
of the Confederate States under tho law Of
nations.
| Believing, as said b:fure, tha., as q mere
question Of policy, it will be injudicous to pass
the ordinance under consideration, on account
Of its reflection upon The faith and horror Of
the Commonwealth, and aside from the small
sum we might save by the legislation {; and
believing It also tU hv Inconsistent with rnr
constitutions! Obligations as a government. |
snail vote for the adoption Of the measure
Mr. TREDwAY.- noT move we aGjhnrn.--
The huur is late and The subject Is one upon
which several gentlemen desire to speak
| The question brlng taken, division ~as
| Il. ~, y -