Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-04-02

| by acts of Parliament 1.-THE magma charta
notwithstanding made legal tender in
payment of debts, and no one can be held
TO bail for any sum he may owe. nnless
an affidavit IS made and fled. that no
tender had been previously made Of the
debt in bank notes.
HAVING said thus much of the m,pna
charta OF England, the remaining point
to be considered of, is the constitu,ionalitv
of the ac, referred to in the sheriff's re-
turn, at least SO far as it relates TO the
question now before me. s
The plaintiffs counsel have cited the
opinion of the Supreme Court of North
Caro-, lima, and that of JUDGE Haywood of
Tenne. see, in support of their position !.
Whsleye." Difference may have for the
o,,inions ct these Judges, I yos think my :
self bound 70 act according to the dictates
of nv own Judgment, should II even be
different from theirs. The present ques-
ton however docs not render it necessary
for me TO give any opinion OIL the points
decided bv them.
Several states OF the Union ever since
the adoption of the constitution of the
United States, have passed laws similar
in principle, to the one passed by our
4 legislature at its last session, and which
are now in force.
The court of appeals of Virginia, one
'oftbe most enlichtened in the union, have
un;rnrmlv acted and decided on tbe sta
tutes laws oftbat state. alIow;na renlev;ns
and s,ays of execution f,r o;ve,, ,er;ods
m nro5ersecuritv r;ven We have how
ever M nerd of referri,o +, the laws and
nsages Of anv otber no,t;on of tho Init
I'd S+o,es than that Of onr own
Jonp heeora o,,r ad,,,issio, &c n otata
and wien ,yc we've pnder terr;tor;al
G,rn, oF oovern,,ert. law. we're nassed nv
d;Geren, lco;sla,,res ,ha members
whereof wcrc al, sworn 10 sunnort the
consti,u,;on of The United States. and as
,,ucb hnnn1 Nv 4 as ne ,nen,bsrs or,he
1ast L.ais,,t,ra NJ ,his etate. ,ycra rar
r;v;,,,, s,.ys IF e,,ec,,;on on ;,dg,n,ep,s
or SIMS under goo recovered before
I,st;ces of tb,. par for d;fTeren, GIVEN
am;oJs on ,,;v;,n, saonr,,. Co. ,,a,,,,.,,,
nr,be ;ud,,,nen, o. ,.enier;n,r ne persoo
&c The Jatsndan, ~ ,,r;sor 81 H.. avn;ra.
ton &c fhosa ne,,;ode 1'hooe laws ri,,,
ea-.. l;t,ls ai,sr,t;ons ,frnn, he a.. ~;
I,a;a.llv enacted ~ now in force .ndhs.s
- ~, hel;sf ,aysr Non o,,;ected ~ !,
ray;lied :, e;,bsr - q, ant If coa,, -
- ,l,eir Observation-Disclosures or valiSifv
The amount al de ,u,Ipmcn, STAYED
on execution. whether for 600 mr. for
| 90 600 600 can NAL 2 M difference as IN
the nrincinle: if,he stav of execution for
the LARGER sum is ilIepal and void, this
for the lesser sum is equally so. The
po;nt however has no, been decided in
| the superior court of the territory Judi.
ciallv. hut the court of dernior resor, IN
ithe state Of Ohio has lately decided thai
lthe laws of that state. allowing the STAY
ofexecution on indictments recovered be.
fore Justices Of the Peace, were valid.
although their constitution had nearly
the same nrovisions in il as ours. reIating
10 tho ir,5air;np The o,Iieation of ron,
tracts. and the sale or denial of iustice.
On due consideration of The 81 ser.
tion or Tie ar, of tbe legislature. ,,vo
oncs.;ons nresent themselves as 10 the
s,,v Of executions, one
Against the estate. and the other
.A@ainst the nerson of The debtor.
I, he;nu unnecessary 10 Owe .nv on;.
mon on The FIRST question, as Il IS not now
before me-. shall nroceed to the second.
The anthoritv to ;n,nr;son The body Of
= debtor helms, nnknown 10 ,he common
law. statutes we're enacted ,undcr cur ter.
ritoriai government to sanction such a
nroce.,J;no. Az Tho an,b,r;,v 70 i'm nri.