The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-12

Ie"cu' Dut 20 where car the TASK ne more
safely confined. than to the patriotism and
intelligence of our legislature. It shall be
the business of future opportunity, to point
out some defects, in the present organization
OF The court OF appeals, to state the causes
which have produced the vast accumulation
OF business, in ;hat court, and to suggest
some ideas, which may not be wholly un-
worthy of attention, in any efforts which
may be made to place that tribunal on a
more eligible footing.
TO THE EDITOR OF THE ENQUIRER.
SIR.
A period has arrived, which calls for
the most serious attention of our Legislature,
and periously demands their interference
and aid, to guard against. and ward oft an
evil in which thousands would be involved.
tits not my intention to enter largely upon
the subject under consideration, but merely
to induce an Investigation which may lead
To results which appear to me to be all i'm
portane to the Planter, and Farmer. The law
for the suspension on Executions will now
shortly expire. &C some other ought to be sub
stituted, which, while it guards and protects
the interests of the Planter, should nor pros.
titute the rights and interests Of the Mer-
chants
! The most immediate and pressing consi-
deration which forces itself on the mind of
every rejecting Planter, is this what will
our representatives do, and what ought they
to do To prevent the alarming and ruinous
depreciation of property which will necessa.
riiy take place, when all the executions and
deeds OF tiust which are now tied uJj, shall
DE at once let loose. VIII they not devise
some mode TO prevent this wide spreading
ruin, to quiet the fears Of the unfortunate
n nt,I e.
ding calani'ies the widowed mother, and
the helpless orphan. Oaght not the Assem-.
by at least to require, and ought not the
Planter to expect, that valuation shall be
set on property which shall arrest the total
depreciation which would otherwise follow
the enormous specuations which would be
made-the vast Accommodations of property
acquired by monied men at a tenth of its
value, and the tremendous ruin of thousands
OF families?
! This Language is not the offspring Ct fan
cy, nor the effect of a heated imagination
The unavoidable consequence of such ar ex-
traordlnary influx OF property in the market,
with the slender means of purchasers in the
country, must in the course of human affairs
produce the effects described. The detailed
means OF obviatins these effects, il belongs
to others to investigate. The writer of these
remarks is satisfied with otfe ring to the
public a few humble hints. In the remedy
adopted, no unnecessary fees should be car
we'd out for Lawyers, TO useless cxpences
imposed on the debtor. The public expect
remedy fer the evil apprehended and
would lily bear that one class Of society should
be loaded with burdens for the emolument of
another. But am fully sensible that I, loss
OF hfteen or perhaps twenty per cent. would be
better for the community, than the loss which
would accrue to the public from the general
state OF things which will inevitably succe ID
the issuing of so many executions, without
some salutary regulations to preventit
| Might not the law be so modified as to
make it necessary, that property taken un-
der execution, should command three .fourths
otits value, or the full value. as the Assembly
may deem most proper; and it the creditor
would not force the sale, at that value suf-
ter 1t to remain in the possession of the
debtor, subject at any, time to be retaken /!
1t may be objected to this arrangement, that
debtors may remove, and carry with them
the property under such lien. 1t may he an
swered, that the power of arresting the pro
lPerty by attachment, or subjeCting the hold
lers to penalty, might remove the objection
to this l:.ode of proceeding. / am one of the
last men who would countenance a measure
of demoralizing tendency. Integrity and
leconomy consider as cardinal virtues i'm a
,Repubiic. But the evil which is feared.
weU!d grow out of An act of the Assembly.
and surely the Legislature ought to seek a
preventative.
/ would not be understood as obiectinr to
the law OF the last session of Assembly.
The public voice loudly demanded relief.
and am satisfied the legislature with the
Ipurest motives, adopted such measures as
were thought best adapted to the relief re-
CURED, and the ends of justice am aware
that cry will be raised from The towns, &
by monied lawyers and some others, against
any measure like the one proposed. But
there is a sacred and lawful duty which the
representative owes to his constituents
which it is incumbent Ola him to fulfil, and
the present crisis impesiously demands an
effort. The great body of the legislature
consists OF men who represent Immediately
the landed interest. and to suffer the planter
to be sacrificed to the cupidity of the mer
chant, or the specnlations oil the shaver.
would be dereliction of the most sacred
of duties. The people want only little time
or the value of their property, to extricate
themselves from all their difficulties. The
embargo has had the most BENEFICIAL effects
| upon their manners and habits.
| Ltt any Representative from the country
reflect on the increase of domestic manufac-
lures, and tine great dminution in the con
sumption of foreign goods, and he will be
convinced, that the people will soon recover
from their cmbarrasneuts, it their property
is lot taken from them for song. The best
planters had contracted habits, by the use of