The recorder, or, Lady's and gentleman's miscellany. [volume] (Richmond, Va.) 1801-1802, 1802-06-16
VIRGINIA,
{OrigiadlLg Printed in 17Q6.s)

UNLESS the debr was large, tn,
land good, and the diitanCe imall, i
would be adviiable to relinquiih tn,
debt. In fact, rhere is no clais of ere.
ditors, whole iituation would lead then
TO have recourie to che eligtc. Planter.
and farmers have generally as much
land as they have hands TO cultivate
and If they hire labourerS, It is apparent
that they only contract debts to other,
initead OF receiving tholc due to them.
ielves. AS 20 merchants, it is obviou.
that they have neither the knowledge
nor the leililre, requifire for the ma
nagemenc Of plantation, and thar the,
mutt depend entirely On the Crime o
procuring tenant, able as well a.
willing 10 pay.
Another iniupcrable obieceion TO the
ulc Of this law, is founded on the necei-
fifty Of abiding by 1t forever, after re-
courie has once been had to it. Let the
fituation Of the debtor be entirely
changed, ler even nine renrbs of the
land DC recovered by paramount tide
it'll the party has no relource but in his
eligir. In addition TO this too, if che
term expires before the debt is fatisfied
the reiidue is loft.
This law, If it were carried into ope-
ration, would be injurious to debtors.
In this part ofthe country where lands
are feldom renrcd, and never with
view TO a permanent mode of living
but only for q temporary accommodation
tenancy IS the deitruc1ion oflands.
This kind Of execution is to be con
Quoted by the fheriff and jury, who
are bound on their oaths &c aicerrain the
annual value of the land which is to be
delivered to the plaintiff. By what pril,
clPle arc theyto be governed +? IN erca
parrot the country, and parricularlyon the
South Tide Of James river, lands, a.
was before obierved, are not frequently
rented. 1t mutt occur to the Jury, rba,
there would be difficulty in procur-
ing tenants. 1t n7uit alfo occur TO their
that rich man in the neighbourhood
would get his debt OUT OF the profits O,
the land, tooner than a poor man at 9
diitance fki}ful planter, fooner than q
towniman.- How then could they fay
that fuch piece of land in a given time
wonldfPay luch debt? In Britain, where
lands are leafed ont and always in demanc
the exiting rent affords a criterion
by which the dleriff and Jury may be
lately conducted. But in this country,
where the annual value of land depends
on the lnduttry and XIII with which it /,
cultivated, and where both would be OF
little coniequence, withour a force ade-
quate to the Gze Of the plantation, it is
ablurd to iuppoie thar the annual valac
can be afcertaincd. The thing is i'm
poffible,
Bus there is point Of view nilf more
intereitlag in which this law deierves 70
DC placed. The roth leGtion Of rbr re
article Of the contribution of the 4 njsed
States declares, thai no fate fhall have
power to pals laws impairing the obi
CATION OF contracts. The aliembly, how
ever, have pancd law, which obIioe.
man, rather than lole his debt, to rake
a t"ing different from that which was
contracted to be delivered. Thus the
debtor IS dilcharged from his contrast
without performing it, and Of courle
ms obligation IS NOT only impaired, bu,
anulled.
am aware Of the objection which
may be brought againa this reafoninq.
1t VIII be laid, that the fate Legislature
mutt Preicribe the for7 in which the
debt IS be recovered, and thar th- exc
sutton law IS no more than part OF the
Orn.