Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-12-05


was deemed reasonable stay of execu-
ton in ordinary times, surely eighteen
months cannot be supposed too long in
time of great and universal pressure.
Indeed we have no doubt the reason we
have had so few insolvencies in this
country is the stay OF execution on re-
plevy bond-whereas it is observable
where the collection without any stay
treads on the heels of the judgement.
In the one instance the defendant has
time to make the best of his property;
in the latter he has no time. The officer
seizes and at once deprives him Of his
effects.
Your petitioners respectfully submit,
that in their opinion personal property
at sale in execution ought not any more
than real property to be sold for less than
two thirds of its value, allowing the Gre
ditor, if it will not sell for more, to take
it at that; and we trust that your honor
able body at your present session viii
pass an act'to that effect. We think that
fifty per cent profit ought to satisfy even
an avaricious creditor, and if he owes, it
will pay his debts as he received it.
We beg leave further to represent,
| that there is another feature in the exc
cution law with which we are dissatisfied.
| 1t is that part of the law which directs
| the officer to take into custody the body
OF the debtor, and he is then obliged Ell
Their TO pay the debt, give security, SO TO
prison, or become insolvent, when he is
without money, but has plenty of pro-
perry to turn out, but it is not receivable
by the officer. We think that suffi-
cheney of property rendered ought al
! ways to release the body; otherwise an
execution against the body when the
! debtor has no cash, may force him either
to prison, or to become insolvent, with
abundance ofproperty in his hands yet
he must lie in prison until he can make
the money, and that in poor place to
do SO, or by becoming insolvent surren-
der the whole of his property, real and
persooal, into the hands of an assignee,
20 be disposed Of by him--none of which
the debtor can get until the assignee
sells all his estate and pays all his debts,
which may require year or more. But
in the interim the poor debtor and his
family are left destitute and in poverty,
and on the mercy of the world. We
humbly think and wish that the law
should be changed to make property re-
lease the body, or else that the form Of
the execution be changed and made 81
milar to that issued by justices of the
| peace that authorizes the constable to
take the body only when there is no pro-
perry. We doubt not spectators will
loudly grumble at the objects of this PEI
| titlon; but we cannot persuade ourselves
that many humane correct men will
lwrangle with its intention. We are sure
it will meet with the appreciation Of
large majority Of the state, as its object
is to benefit the many defenceless by saw
ing them from the rapacity of the pow
erful few.
We would inquire if a farmer owed
$3.50, (and probably many of them owe.
more than that,) what would become of
them if an execution were pushed ON
them for that amount, when they cannot
get money to pay their tax !? Why, ge-
neral ruin would probably be the result
| Then speedy collections in this dearth
OF money would deprive thousands ofmen
and their wives and children, Of the
means OF subsistence and Of home, and
even ofa shelter, when in ordinary times,
or with reasonable delay, they could
pay their debts and still be in easy cir
cumstances. We think all the princi-
Piles Of justice and humanity combine to
devise a plan for the deliverance Of SO
many thousands ofl,usbands, wives, and
infants, from calamity SO dismal, SO
shocking, to all the honorable and fine
feelings Of the human heart, and to rescue,
to snatch them from this impending woe.
This subject Of relief will not exclu-
sively engross legislative attention in IL
linois. The distress has been SO great
in Kentucky and Tennessee, that in the
former they have passed stay of two
years on execution, as We hear, and il
| Tennessee bank expressly to lend mo-
ney or notes on the credit OF the state 10
those who may be in debt. There laws
have passed, Notwithstanding the uproar
made against them by spectators and
those who would laugh at tho calamity
OF others.
We are sure that the legislature OF
Illinois is as just, as generous, as mag
unanimous, and as compassionate as the
| legislature OF Tennessee or Kentucky.