Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-12
RICHMOND. OCIOBEK ~. I82I-
TO THE EDITORS OF THE ENQUIRER.


TO THE EDITORS OF THE Enquirer.
GeIaiemet-Some time since there appeared in the
Charleston Courier, paper entitled the Rights Of
Creditors" IL concluded with the following sclI-ev-
| dent truth:
"To allow, therefore Imprisonment for debt is for
the State TO amercc itself and its citizens without
the remotest hencht To any ono. "A pcriis;il of this
sentence led To the composition OF the following
fences some extracts from the English papers rela-
tive to the French laws, and Nes,ors commune
c"''on' induce me 10 commit them to your charge.
| Yours &c. n Political Economist.
| South Carolina, Oct. 1921.
There appears in many, if not all, quarters
OF the Union to be full disposition 70 give eff
lect to the scheme long since devised in Great
Britain, and partially acted upon there, as well
rs in the U. S. relative 10 total release OF the
debtor from the pains of imprisonment. This
is well but it would be better if the interest
of creditor as well as debtor were consulted.
Anefort ofthis nature was made inthe S. G.. le-
gislature* by MIR. McGuiiie but, such was the
preponderance oflawyers in the Legislature, that
his attempt" To prevent imparlance," failed.
1t will be well to recollect the practice of the
courts of the u. S. The country, whence the
| system may be said to have been moreimme-
diately drawn, as To spccialtics and denial of
Importance, is Scotland. There, it IS true, it
has existed Tor ages; and, for ages the prac-
tice has succeeded and, while the debtor is
exempted from Imprisonment, the creditor is
protected in the recovery of his debt from i'm
pariance; OF course, the practice exists in
Washington City-it is now becoming popu-
iar-no complaint has been made ofit.-Er-
go, it has succeeded in the u. Sit has afford
ed a proof OF efficacy not to be discovered
In the district and circuit courts of the u. S. in
! consequence ofthe largeness of the sums. for
which suits are brought at those tribunals. In
this state so many and extensive strides have
been taken, as almost to have removed any
cause of complaint. But, on the other hand,
no act IN relieve the creditor from useless de-
lay has been passed, and the Judges are scarce
" allowed Il respite from their labors. The
tax paid by S. Carolina for law, more than
equals its civil list; and, as was well observed
IN Pennsylvania paper, some time since, a.
mounts, las in one of that state,) to such sum
as, If iad OIL by the general government would
produce a rebellion.
THIS tax would cease, ifimparance-at least
the lar greater portion of it, were prevented.
Let, therefore, Importance and Imprisonment
be abrogatcd at one and the same time, and
thus would the government consult the in
terest of both debtor and creditor To bar
present Inconvenience rs to existing bargains,
close the courts by law in the same manner
they are now by Importance, but, without its
expense, for one or two years on the question
for three more; and, then let the law take its
course. Would not the effect be the same as
that which arose from the allowance on iudg-
ments and, there is no doubt, but that IL was
highly beneficial. 1t relieved the state from a
paper system, to which in the opposite result,
it would probably have had recourse. Besides,
criminal justice would be more promptly adm-
nlstered and, civil cases really and justly con-
tested, would be more speedily decided. |
know there are men who would cry out &c If
you do this, Othelo's occupations gone"
But, these are but pettfogging summary pro-
tcess attorneys, who live by oppression and CHI
canery; and, degrade profession that if kept
IN the hands of "A few, sud of ii respectable set
OF men, is honorable and praiseworthy. To
know the number of these men, who issue
processes where they know the debts can be
paid on demand, is sufficient. Indeed, it would
be well TO revive the practice of noting special.
test and putting open accounts on the same
footing. In q. Britain, ms | shall hereafter
shew, great alterations have been made, anC
beneficial have they turned out. In the frs
place, artlcled clerks to attorneys are heavily
taXed-the profession has been purged. The
Bankrupt law there, las it will do in the u. S.
eXempts the great mass of debts from litiga
ton in the common law courts. Courts o
equity. under different names, have been erect
ed for the collection of debts of small amount
Trials OF this kind are constantly making iii thu
large towns ; and, IN a new insolvent law,
serious attempt has been made to abolish
Imprisonment for debt. Of the latter system
| have neither copy, nor Il sufficiently accu
rate knowledge to speak but, ofthe former,
can detail the particulars in ii law made on tn,
subject; an abrldgment of which | subjon.*
| believe it has succeeded-if it has in "A towT
III e. Britain, possessing with its own parishc
4 I.frx .s.HT Al.
OF its Importance III this state, | will Civ
you proof, in stating that we have 90 she
riffs, 90 clerks of courts, and of attornies, not
presume, less than goo to 500 The sheriff
may he averaged at $4,000 or $4,000. Thf
clerks Mt the same and the attornies cannO
1--we for less than 800, equal to S8O,00O-st
that the state of South Carolina does not pa,
t. a tax of less than $4,000 to its lawyers, Il
t, which, for that part ofits equity practice which
r such system would abridge, we may safel,
Al add S58,000-in all S25O,OO0 or 100000 NOR
,. than its whole expense. To this the capita
h expended in iaiIs ought to be added not les
II than 90 to $4,000 per annum.
: Ofthe difficulties of procuring alterations
81 am aware but the great mass of them aris
from an Interested few. How does such tire
t mendous litigation arise as to land title
N From an inattentiOD TO boundaries. Let eacl
d state pass law making a survey Of the estat
Of sold, made at the time of its sale, necessar
N only TO its legal transfer, and compel its i'm
At mediate Judgment in the proper Office; AM
a you would save thousands OF dollars beside
4 furnishing the public with cheap survey G
lie the state for, you would of course cOmpt
Y the drafts Of the survey on one scale. Yo
is would also encourage topography, whic
ct would lead to more accurate attention to geo
d ogy and mineraIogy, and thus open great sour
= r. III