Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-02-03

SsSeu, ny the impflSDumciit ana burning
t protestants, that The barkfup, Ia. sill
escaped the attention Of the Enrish in
ris,s aud lawyers. Airer iiiv aslc custom Of
HE queen EIlzaheth. iha, grral l.w cha
acicr il Edward Cnke turned his al.
tentinn ,c the subject He un esstood
The eommon iav, magma charta, aud consti-
tuti'n al His country: he respected ibe
free customs, "tlr valuable gems" BE-
himself had, discovered in exploring. "a
mass of antiquity, ba barism, supcrsiilior
bIgoiry, popery ard trndaiity III So
:. precious gcass were tie tree cnsion-,
free institutions and trials By Jury 81 The
5axons, c"nfismed by r;agaa CHAR and
petition OF rlgh, after The Norman con-
quest; only such gigantic intellect and
genius rs lns, VAS competent 10 such 4
work
The age in which Sir Edward Coke
lived, is well known: Us consult nm;
how he liked bankrupt lap ! By sbr
inierspsrgIng expressions in bis woiks ;
Parlir ularly in the commentary o. L.
ieion, we discover that lie, rs also Lit
iieiom, wraie under The pure lights oi ica
son aud truth that they were enamomet.
OF u freehold estate, srill more viii one
IN fee simple, and slIll more Nth another
fcesimpie {: they knew a shorter way 10 the
true ia,o Of reason aud truth they dared
no, 10 speak out. But what says this
great law character anu judge " the
condition Of a free Wan caDi-oI bt altered
wi,bou, The crime Of felouy.' No doubt
such friend as This to the aniient const!s
,uiion OF his country, Was shu cked by the
ideas, that an unleiIered farmer, or me-
chanic, who under tie impulse al All lIo-
nest conscience, had done an harmless
act, ly because he did nol wish 10 see
a. ~ A
had exercised natural right, by an act
OF harierlng or trading, should tior sucl,
aactsl alier " the coasiiIcn of a trermau,"
and place him in situa II, in some res:
poets worse than y ease OF felony. This
great oracle of the Erglis!i law again tells
us, " hal matters don+ m paiS unSCr
commission may be- trdrfrSed' meaning
thereby that The board at bankfup' CONS
missoners sitting in priv2tr, shall he III
keunried ibeir proceedings brought be-
lore a cnnamon Law court whcre they
| could he baversed or examined into by Il
Jury aud judgp, who nigh: do Justice 10
| Their fellow citizens, according to mCgna
chGrta, the cOn4,iiutior of their uihl.
| Early in the reign OF Elizabeth, the bank
rupt statute OF her father became better
| understood, HE fraud and nalpracticts
| made the lazy Odi0uS; very soon an action
u
nsn did al acl Of bankruptcy Its n.eai,;
adious, 10 such Dien as Coke aud tue
| lovers Of magma Charia. Sir Edward Coke
| saw plainly. that II had or would change
tae iun-N lenta! princip. cs ~ magma ciwfa;
| he exclaimed III The bitterness o las soul
against the system -" that we have feicll-
ed as we'll the name as Tie wickpdness OF
baDkrupts from for ign nations lie also
! knew what dreadful laws, customs, and
ieuures the Norman conqneror lad bret
into England, against which the people
had struggled 90 long for the recovery Of
the civil rights. liberties, and privileges,
Confirmed 10 them by masna chrrta. He
wa therefore the id,i man 10 support an
al of parliament in'avor of this system,
unless compelled by bis mistress lie
! Quren IL - presumed, from the history
OF the times and The age OF Coke, lie
Could not have bcen d judge. OF had any
influence al ccurt al the particmiar pf.
riod when Henry's bankrupt law vas re.
peal q, and the parliament of FL zabeih
re- enacted new bankrupt Law conining
II exclusively 10 ~ Tchanis. The Queen
however had IN hcr ministry some of
tie aSlrsi states men III the i ugGow.
Papal missionaries, or, pa1al per, habt 4
may have indnceG Henry and his cardi
nal munster, 10 lhr adoption of Tie bank
Tupi system; but lis establishment hy
Elizabeth, may BE- a5cribed 10 pure priB-
ciples, mud certain casual though Wcigh,y
causes, without refrctinS on lis ultimate
and destructive bearings, on lie Hun
drcd, county, quarterly stS-ion's courts.
Tree customs. institutions, civil right, and
privileges, secured 10 The people Nv their
constitution oi Fundamental laus. Her
statute is dra@n by az able pen, ei h az
I
precision, as the Language Of the times
afforded ~ is in these words, any
person being a subject or deniz n usre
or exercising the trade Of merchandise,
by wdy 81 bargaining, eXchaUge, re-
chang, barry, chevisancc, tm@king
" cODtracts,) or otherwise in IrOsS CT lev
retail, &c" Without looking into d
| book or precedent, this law on iair con
strmciion would he confined TO mer-
= chant only it should he interpreted by
! reading il in this manner, a subject %
? " dpnizen exercising tbe trade Of mer
= g cbandizr by way OF bargaining "A sub
Y Jeci &c. exercising DC. by way 81 ex'
+; clange--a subject &c. exercising &c. by
( way OF re-exchange-b way OF battry--
e &c. By this course oi reading through
I Out the whole statute; no person ~
y character would he liable 10 tle laN, *
| Ctpt INV very p'fSOb IH'tH"tt', hoWti J
e e" The merchant :" yet did The judg.
e without any suhsequemi legislative au
: thorily in this branch Ct ihc snbjec;
: extend tile law rot only 10 pro!essiona
!. men, bus TO farmer AND a Dricklayer-
e and IL vas done in this way, the word!
: of merchandise III he sentence were
g laid by, rs covering the occupation" O
Y merchants - article " the' next tie wore
m trade" Mss eircled, W.ich made the
y. statute read thus. any person being ;