Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-01-23
MONDAY, JANUARY 20, 1898,
IN SENATE.

The Senate took uP the resolution
offered by Mr.. Johnson, of Lou. to in.
quire into tho expediency of repairing
the mail road from Now Orleans to
Nashville, and Of establishing ferries
at the water courses, &c. which resoia-
ton was agreed to.
The President communicated let
ter from the Secretary Of tho Treasu.
~, transmitting statements of the for.
eign commerce Of tho Gp;.-d states,
made In pursuance of the act Of Janua.
ry 10, 1920; which letter was read.
The senate then resumed, in com.
nittee Of the whole, the consideration
of tho bill to abolish imprisonment for
debt MIR. Smith, Of Maryland, in the
chair
Mr.. Southland. Of New jersey, rose,
and, after some Introductory remarks,
offered substitute for the original
bill, which embraces number of sec.
tons and is Of too great length to DO in,
serted at large the following compri-
sesthe substance Of the provisions:
II provides that the process of the courts
should remain as they now are, bnt whenever
capias ad respendendum, or writ in the ma
ture oft, in actions founded on debt or con.
tract, was to be served by the Marshal or eth.
er officer, and the defendant refused to give
bail, he might be discharged, upon executing
an assignment of all his property. with scbe-
dule annexed, for the benefit OF his creditors,
TO be returned by the officer with the writ:
whereupon, appearance might beentered by or
for the defendant, and the action proceed as u.
sual That the officer, under the direction of
the court, should assign the property to some
person, for the benefit OF all the creditors, pro
rata. That notice Of the assignment be pub
ished, and distribution made among the cred.
itors who put in their claim. That like as
signment and schedule might be made when
a capias ad s. isfaciendum was to be served,
and bond given ior the defendant to appear and
answer, ifrequired, interrogatories respecting
the fairness ofthe assignment, schedule, &c. !;
and lfthe creditor thought proper, he might
file declaration suggesting fraud, and have
the fairness ofthe defendant inquired into by
jury; and If the matter was found against the
defendant, the ca. sa. might issue, and de-
PENDANT meyer after have the benefit Of the act
enure firstto the benefit ofthe plaintiff in the
suit; next, Of other judgment creditors, and
then of Of her creditors rateably. That courts
of common law might grant wrts OF nc exteat
in the same cases and under like regulations as
courts of equity now do.
Mr. s. offered this substitute, he
said, not because he believed any bill
would be devised on the subject which
would unite in its favor q majority Of
the Senate, but merely to add bis views
to the common mass which had been
offered, that the committee might form
new bill, with all the lights which
could be afforded to them. Mr. 8 then
proceeded to submit his opinions on
thegeneral merits Of the bill /; The top
les introduced by others in the debate /;
tho advantages which his project pos.
sessed o >.r the others proposed. &c. OF
all which we will give full repor.
hereafter, with others.
Mr. Barbour made few remarks in
reply to Mr.. 8. on one or two inciden-
tai points touched by the latter.
Mr.. Taylor, Of Va followed at some
length. in reply to Dir, Southland. and
in support Of bis own Substitute. which
he thought preferable, in principle and
practice. to that offered by Mr.. s. The
amendment Of Mr.. 8. he argued, bsgsn