Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-01-21

J done. Though; tia. both these prop
u sit'ons, however, had been answered b
the queries propounded to the legi.latur
although have been charged with tab
ing neither the one side or other. III
asks, II the issuing cspias would not b.
: more likely TO ensure tue execution of III,
\ law, by the defendants entering into bal
bond, Sec. and thereby avoid Imprisonment
until verdict was rendered. Surely the
writer of that article could not be ssriou.
The should have known before he al.
tempted TO advocate such a principle, its
consequences. He seems to be ignorant
OF The law relative to d capias, upon which
alone framed my objection, that ne bail
or assurance whatever, can b. taken on
/ such process. The officer is bound TO
take the body Of the party and il safely
keep; 1t It was otherwise, it would Be no
more IN effect than summons, indeed,
not so much, for under the present law,
when the summons shall be returned, and
the party fail to attend, a capias, in the
discretion OF the court, may go but to
ImPrison without notice, and upon mere
suggestion, is incompatible with all law
and reason. MIR. Civis 10 not less unfor-
tnnate as on ihterpolater, than innopater /;
he enquiries If the issuing capias against
an offender would be to patronise new sys-
TENS and innovations, which arise upon
ths runs OF civilization, decorum and pie
". 1t is not, sir, the issuing capias chat
would be productive Of such conseuusn-
ces, but the adoption of your speculative
plan OF liberation. Ii was not until the
- | hcli Lac
benefit OF the insolyent aS was extended
10 debtors at the suit of the common
wealth !. and thus early are they re-.
CURED 20 repeal it; what would be the
resulI Why, debtors would remain in
Ja'l, at an enormous expense, which the
commonwealth would have to paw, and
! be productive OF no possible goad for
1t IS fairly presumable that if they had
| any property, it would be given up
IN the first instance, before thSr bodies
were committed and if this was not the
case humanity at least would dictate its
! Proprlety. The ael &c Assembly which
aulhorisss Courts TO sell any free citizen,
most assurediy view as Unconstitutional.
and dsSraceful to our country; most
heartily do wish it expuneed from our
Cede' IL might have suited in ancient
times certain Alhenian lawgiver; but
with us j; lily accords. Experience, the
criterion by which every hypothesis must
/ stand orlali hath taught u.s., hat the wisest
| laws are al best but weak efforts, to ore.
serve the morals Of eny people they are
armed "nh inadequate weapons TO combat
with vice or corruption. IF the present
state oi mankind is so degenerate and vi
/ cious, that the Judicial authority has no
I eif=ct. YET some other method be Termed
10 remedy the evil; and let this be
fnofe oftnson exercised by every virtu-
Gus citizen in oar country. as was used
10 be done, By the Ceusor of the Roman
commonwealth. The moral greatness
| nf the Roman raiop, their d.gni6ea sta.
ton, their uospoted reputation their hon
or OF triumph, must be known to any
man acquainted with history; and why
may we not expect, the like desil able ef
iscta! think that the legi.isture will
not repeal the aet extending the benefit
OF the oath of insolvency nor will they
I tolerate gambling upon any terms; nor
will they permit cspias to issue, before
summons or notice has gone--so that
your hints mot to say commentary will
prove aboriive. SENEeA has wisely OBJ.
served that il those things VIII CHI appeared
vicious in the eyes of our ancestors, be
sanctioned or become habtua, in our
selves, no remedy can ever be administer
ed. Trust me, trust me, Yorick, this
itch Tor scrbblIng, will sooner or later
bring thee into difficulty
| CITIZEN.