The recorder, or, Lady's and gentleman's miscellany. [volume] (Richmond, Va.) 1801-1802, 1802-06-09


who urge the rhird objection, conceive,
ehae sne adequate redreis Of which they
fpeak, is TO be furniihed either BY the
elegit, or an execution agalnit TIE body
of the debtor.
It is erue that after a judgement has
been obtained, an elegit may be iued
ont, by virtue of which a moiety of a
mans lands may be taken. A Second
execution may take moiety OF the
relldue, and 70 on until the debtor is
left IN poiiet1ion of the fnalieft poilible
diviiion. The legi1ature of this hate
have paiIed law prefcribing with great
care the form of the elegit, and the
proceedings TO be had under it. Thus
the principle that lands may be af-
fe6ted by execution is folemnly recog-
nized; YET 70 unIut, or 70 injudicious
is she arrangement by which this prin-
clpie IS to be carried into operation
that a debt is conGdered as defperate
if an elesit be the only reIoufee. This
law Notwithstanding is renewed sltnof
every year with greattdeliberaticn. ap-
peal TO the candor and good ienit
ofmy counrrymen, whether this is NOT
a mockerv of legillation. am iure,
however it IS not meant TO be 10.
There is nothing more remarkable in
the character OF the human mind, shan
the facility with which it receives with
our examination, ideas the mott PERM
clous or abiurd, provided they prefer,
| themtelves under Tie garb Of antiquity.
! 1t is upon this principle only, that we
can account for the long Continuance OF
tyranny and fupefitition and it is 20
this principle only, that we ought TO
have recourfe, in order to find iatisfac
rory folution of the difficulty exhibited
by The conduit ofthe Vifqinian AGeln-
bly,. This boay is competed OF en-
hghtencd citizens, who, perfc 6tly under
itand, and ardently cheria1, The pure
principles Of republicanilin. Monarch
chical, ariitocratical, and feudal fy!}ems
are mentioned only to be abhorred yet
We lee 5hem copying the elegit law of
England, without conlldering the fource
from which it originated, or the view
with which il was made.
After the ehablifhment of feuds in
England, lands were nc longer liable to
execution. Writers OF the bef authori-
ty regard this exemption as the imn1edi-
ate relult of the feudal doctrine. But
IN che year 1885, the Parliament gave
the remedy by eleglts and they extended
It as tar IS the prevailing tyfem per
nitted them. This remedy did not
transfer the fee-fnple to the creditor,
becaufe he could derive from the tenant
no right but that which lhe latter po-
iiefied, and he was regarded at that pc
rod OF feudal tyranny, merely as an ulu
frtictuary, and not as III ownet of the
eitate. Nor did it affect the whole of
the lands, becaufe before the yeart2 90,
the tenant could aIiene no more than 4
nolety OF them. Theic reftri6tions are
founded on circumstances, thar have not
the mott remote relation 70 this coun-
try. Yet, law, evidently fettcred by
thoie reitri6tions only, which prevented
It's interference with the defpotiiu OF a
teudal government, and originating in
the darkncis and ignorance fthe 9Th
century, rs literally adopted, at, this ILL
minated aera, in The csutye rebA5Iicaniy9p
by a people differing as much in li,Ha-
tlon as In principles from thoie for
whom It was intended.
Let rs examine then the ehcit, as it
is Prefenred to as by our AlIcmbly.
1t Is not entirely unworthy Of remark
that the Language universally ufed IN
ProPounding the quettion concerning
the proPoied law, manifeas the general
opinion which prevails, Of the total in
Efficiency of the exiffinn EuAen, I'll