Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-23
KENTUCKY LECLsL.4TURE.


subject of postage Of letters was taken up lin
the ii. of r. on the 26th Oct.) and met with
opposition under the idea that there WAS some
Ming Ike begging ofthc Z. States in the reso-
luton, but finally passed by a large majority"
III there be no begging in the case, there is ut
least no dignity. Such are not the petty cases
in which the State Legislatures ought to inter-
iere. .Nectntersif, nisi dtyauS uindice nodus-
Is, as true of politics, as ii Is in poetry.-But
if Kentuky be so distressed for tie want of Il
little post Office change, how is she to pay a
heavy excise on whiskey, in specie? "Think
of that" Mr. Niles.
Another resolution submitted to the Legis-
lat,re is, however, more important. On the
29th, Mr.. Worthington lays the following re-
solution upou the table:
g ReSolced, By Tie General .3ssemby ortie Common
re,th Of kettncky That the senators be Instructed
and the members of the house o representatives OF
this state IN Congress, be rcquested 10 their best
eiof's TO procure the paSsdge oil resolution by the
Congress oi the United States submitting Ia the states
respectively, the follown. Amendments TO the const
tuition of the United States. viz.
The judicial power OF the courts OF the u States
shall not be construed either directly indirectly
To extend any case growing out OF the laws passed
by any stite nor shall they sit IN Judgment upon any
state constitution.
This being joint resolution, was to lie on
the table for one day.-This is the last ac-
count we have of it,
h1r. BeaucIiamp has introduced into the
senate bill for the relief of debtors and Gre
ditors
Z" Ii Provides that the lcvying of an execution
upon real property the officers shall summon three
persons to value the same, and it it will sell for
three ourhs of its value It shall he rented for the
payment oil the debt, but II il will sell before
mentioned rent for enough pay the debt, then
1t shall he sold for what il shall bring II gives an
equity OF redemption on lands, NC sob, under exccu-
tion md provides that real property shall not lie sold
at all tor debts contracted after certain period.
We do not see that any question has been
taken on this bill but the Senate have pass
ed another bill " To regulate endorsements on
executions" The Fl. of II. referred it to a
COMMITTEES who reported it with an amend
ment, that when executions slal! issue upon
rcplevin bonds taken for two years, il the
plaintiff shall refuse to- receive bank paper, the
defendant shall be entitled to another rcplevy
oftwo years
Mr.. Pnpe's resolutions had been canvasscd
hut not finally decided the first, compelling
the Bank of Kentucky To receive real estate
for its debts was adopted but no vote had
been taken on the I'd, compelling that Bank TO
receive and re-ioan Commonwealth Bank
notes!
Another subject, viz. the Imprisonment for
debt, has been discussed at considerable length.
Ii came on in the shape of the following reso
lutions:
@ ResOired, That imprisonment for debt ought be
abolished in this commonwealth with certain tc-,rc
tons, case OF fraud, where the party charged in
| e&ccution is about 10 ahscond.
" ReSoi,ed, That committee Of five members be
appointed 10 bring in bill cnnlarmae To the foreso
ing resolution.
The Kentucky Reporter gives us the sub
sequent account of the matter:
60 Mr.. .N.3fee advocated the passage of the resolu-
lions.
Z" MIR. Beauchamp moved, in order to ascertain the
sense OF the house the constutonaly of tie pro-
posed law 10 add a clause restricting the resolution
| to debt hereafter contracted, which was rejected.
60 Mr. Barry, the speaker, submitted the following
additional resolution:
q ReSoired, That law ought pass providing that
the execution against the body of the debtor ought
to issue upon any Judgment decree of court, unless
upon affidavit of the plaintiff charging that the defend
ant defcudansha audulen.ly conveyed away, on
corcca's his or their estate, by which il cannot he
reached by execution against the estate Provid-
ing also, that upon such affidavit made, the writ OF
Ca Sa. shall issue, and upon the service the dclcn-
dant defendants may enter into recognzance, with
good security, 10 appear, on named day, before
court of competent jurisdiction, for the purpose of
enquiry into the question of fraud providing aIso that
IN of fraud being established, the writ of Ca 5a
should issue under the rules and regulations now
provided by law providing also, that il, upon such
enquiry the defendant and defendants shuHd be found
innocent of the charge of fraud, that the prosecution
shall be dismissed with costs
MI Barry advocated the principles oil the TeSOlt-
ton with his usual eoquonce, and they several
ly adopted by unanimous votes aud committee
| appointed to bring in bill
" And the committee rose and reported the Tcsolu-
ton tn the house which cDncuTrcd and MessrS
Marshall, Ovens Mkfee, White and Flournoy were
appointed committee TO bring in bill in conformity
to the resolutions"
The abolition of imprlsonment for debt has
been lately discussed in many of the states.
1t was brought forward at the last Congress
I.., 4 ~ a.
ly if you can sufficiently guard against frauds,
| Of eCery description particularly against all
| fictitious covers of property, all trust deeds
manufactured for the purpose if you can pre-
vent these frauds by adequate penalties Ill
you can be sure by these regulations to make
the debtor give up all the property which he
holds, it seems worse than useless TO keep his
person imprisoned. You cannot have more
of cat than her skin" Then, why detan
| man when YOU cannot " coin his heart IntC
drdchmas ?"-But, we repeat LET us frs,
guard against all fraudulent transfers of pro-
pcrty. They are now too common and
Judging by the fact, we should suppose thu
law on this subject is already too loose
NEW CONSTITUTION or .NEW YORK.
Among the amendments submitted by thu
late Convention of N. York to the people
there are some new and singular oues--lor in
stance
All such citizens, Of any religious dcnomi
nation whatever, as are scrupuously aycrs
To- bearing arms, are to be excused therefroni
by paying to the state an equivalent IN money
"Thc assent Of t,C0 thirds of the member
elected to each branch of the legislature, shall h
requisite to- every bill appropriating the public
monies orproperty ,forlocdl or prigatepurpose;
or creating, continuing, altering orrenewlng an
body polite or corporate" Bank charters wi
therefore stand less chance of succecdin
hereaftcr)
Certain enumerated funds are set apart an
1 O., fl,o 80, ,f e.IooT. y,I c,,,,,fe