Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-12-31

" "ere"y render all those who suffer under il
= iisour uisaHected IN a greater or less degree TO
" wards the government. This, a wise, legislato
WIN endeavor 10 obvate, and when il can h,
zone without impeding the administration o
Jasuce and without infringing on the rights O
,ne creditor, 1t should no longer be nepiected
Do'h Poiicy ard humanity demand il; the yer,
4 seu'"S ana spirit OF eur government forbid tina,
IL should be continued, and every consideration
winch the wise and good can bring into view.
: require that this odious relic of Roman times
should yield To the improvements of rno,yern
ages. Then why not do it,
IN order to effect SO important an improve
,''eht IN our Jurisprudence, the subject should
o cohs,uered IN all It's multifarious bearings,
anu me laws IN many other cases will reouire an
examination, and perhaps an alteration. The
INST ooJect 10 be borne in mind is to subject all
,ne property of the debtor to the PAYMENT of
MS debts, and allow the officer of the law under
eel''hn restrictions to seize and sell for the he
"Iiit vi inc creditor Although we have atlopt-
ca many OF the good features, and all of The
oest principles of the common law. and find
| 'ioi' inc experience OF nearly half century
mat they are admirably adapted TO our free in
'u'u.lo'is, yet, there arc some of those features
or a feudal origin, which may never be dropned
| oi' among these rs the one in regard TO The.
alienation Of Real Estate. Ii is true. that Lard
Is and ever has been free for alienation by tho
voluntary act OF the owner i'm this state vet
nhdcr tic force of Judgment al law. il has never
been made to yield
In most OF the other states il is not ONLY bound
| ny a Judgment at law, but is sol L under an
execution ISSUING on that Judgment, and is
slhiiar IN that respect to goods and chatteJs
Perhaps the people of our state are not ready 10
20 thus lar, but ii is believed even this would
De better Than the present practice.
Something like the following plan may per-
maps be worthy OF your consideration, Gentle
men:
n i,rI,r II.
RECORD, and the Plaintiff is DESTROYS of subject
ing the lands Of the Defendant TO the payment
Oh inc same, permit him after fire facias has
oecn returned no effects, inthe county where the
defendant resides, or has been returned salts
ned In part, TO take a transcript of the Record
nom me Clerks office properly certified, and
transmit the same To the Clerks Office of the
General Court, there to be recorded in booI,s
to be kept for that purpose; or let the transcript
OF the Record be filed in the Clerks Office of
the county where the land is situated which
should then be lien upon the lands of the De-
iendant OF the highest dignity, and also permit
the Plaintiff TO take out an execution on this
judgment thus Recorded directed TO the Sheriff
OF any county in the Commonwealth directing
nm 10 sell the lands and tenernents of the De-
iehuaht, ora sufficient quantity thereof to make
the money expressed therein; but if thought
necessary, this sale may be on credit of six
| months or one year, after having been adycr-
| purchaser with one or more securities which
oohus may be placed on the same footing as de-
| livery or forthcoming bonds now are and re-
tam hen on the land as further security.
by thus making the Record of such Judgment
binding on lands and subjcCtine them to sale
Tor the payment of the debts of the debtor, the
Record OF one. cent, (as well as the Record of
the court when the judgment was originally OBJ
tained,) uniform practice will be introduced
ani all persons can know where to look for such
lien as will bind the lands of any individual
and thorehy render thc.neans of a purchasers
security easy, and certain, which would not be
| the case, was judgment in any Court through
out the Commonwealth 10 bind them in the iirst
| instance. These are intended only as hints to
those whose duty ii is to make laws for the be-
neht Oh The People, and should any steps be
taken 10 introduce bill for this object, :, ma
ture reflection on the subject will enable them
SO 10 frame one, as to provide all that security
| which the rights of property require and vet
Tree our state from all the evils attendant on the
| prcsc;'t practice, among which, that OF perjury
| in those who take the benefit of our inso,yent
| debtors oath, Is not the least.
1t would be desirable 10 leave the debtor some
free articles of accessory furniture and his
mich COWS and sheep, free from the force of an
execution. III Is truly barbarous TO leave a
| family entirely destitute, without beds or fur
nture, and without such necessary domestic
animals as the COW and sheep.
| IL Is tilie that some ameIjOratIOn in the con-
d'tlon OF that class of People should be made.
| aVarce knows no bounds, and wien favored BY
the laws, will even distress the unfortunate, and
that fnorefrcquently than the debtor will deceive
! his crcders. The laws should surely favor
| The honest and Industrious rather than Cypress
| them. DISCRIMINATORY
| SOUTH CARoLI1A.--The following resou-
| tons were agreed TO in the Senate of the State
of South Carolina, on the 18th inst. by a vote OF
so to IS.
Resolved, That Congress does not possess
the power under the Constitution, TO adopt a
general system Of Internal improvements as a
national measure.
Resolved That right to impose and collect
"taxes, &C." does not authorize Congress to
, lay tax for any other purpose than such as
are embraced IN the specific grants of power,
and those necessarily implied therein.
, Resolved, That Congress ought not to exer-
else power granted for particular objects, to
effect other objects, the right TO effect which has
never been conceded.
Resolved, That il is an unconstitutional ex-
ercise of power on the part of Congress tc
, lay duties 10 protect domestic manufactures.
2 Resolved, That it is an unconstitutional ex
s srcise of power on the part of Congress to tax
, the citizens of one State, to make Roads anc
Canals for the benefit Of the citizens of another
: State.
From the Alexandria Herald we learn, that
IN the case Of Clarke u.s. the Corporation o
5 Washington, the verdict Of the Jury has beer
set aside, and new trial granted without costs