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

: was written before any thing was done in ii,
resisiature on that subject, but it may serve as
'ui'ner hint, and perhaps do good.
Yours, &c.
TO Me blenders Of Me Legislature of Yirginia
GENTLEMEN; Permit one of your fellow -citi
zens to call your attention TO a subject univcr
sauy deemed of the highest importance; one OF
winch you will not act without great delibera
tIon, and when well considered, will command
your serious attention. Ii is that of abolishine
Imprisonment for debt.
| when treating of this subject, it will be ne.
ccssary TO bring INTO view our laws in relation
10 the alienation of real estate, particularly So
lar as as they subject land to the payment OF
aeots; as 1t is not supposed that this great OBJ
ject can be obtained without materially altering
the laws in regard thereto.
Should 1t be supposed that an unfortunate
DEBTOR under the influence of his misfortuncs is
ABOUT 10 address you on this subject, and there
by attempt to excite your sympathies i'm his be-
nan, as well as others thus situated, it will be
mistake, and an erroneous impression. But one
VINO Is neither debtor creditor to any con-
| sioeraoIe amount-one who has no personal
views, nor, as he believes, no peculiar preudces,
ana VINO has observed men and things i'm con-
nection with the laws Of our country, i'm differ
eht parts thcreof--and marked their force, their
| operation, and effect on the community-apd
who feels much for the distresscs of the unfor
'unate debtor, without disregarding the rights
oi the creditor, ventures to make public his re-
| iiecuons on tins subject and invite the attention
OF the Legislature to a consideration of it, Ii is
unquestionah!y a strong, binding. moral duty,
10 pay Just debt; and no honest man has any
desire to be freed from that obligation; and il is
equally binding on each citizen 10 support the
constitution and laws. The latter is a duty he
owes to the public, the former is an act of pri-
vate Justice.
Those laws which guarantee TO the citizens a
protection of life, liberty, and from personal in
jury, rs well as the rights of property, are the
most important; those which regulate TIE ,ninu-
TIA OF the administration of Justice are equally
important, and are necessary consequence of
the full enjoyment of The former; but those laws
regulating The payment of debts, are of less I'M
portance, inasmuch as life and liberty are of
greater Consequence than the possession of the
Injuries of life The first are common to all
men under free government; the latter are
confined 10 few. All laws in free govern
ment like ours, should have a tendency TO keep
alive in the hunbiest individual, as well as the
rich, love OF country, and an attachment 10 the
government and laws; consequently, whenever
any law operates oppressively on aRY class of
citizens, without an eminent tendency to the
iuii and complete administration of Justice it
should be repealed. And where the bare ms
fortunes OF an individual noticed by the
iaws tany farther than to take from him his pro-
perry and give it to his creditors there is some
thing extremely well calculated in them To alien
ate hiS affections from them, and consequently
weaken his attachment TO the State. THIS effect.
arising from orr laws, on the subject before us,
Is OF primary Importance, which, together with
me following considerations, deserve our attcn-
ton; and they will place Git is believed) the
same on higher ground than it has commonly
been supposed 10 rest. The genius of our gov
ernment, as wei! as all others, is denoted bv the
spirit OF ITS laws, and when Fundamental ones
are based upon the equal rights of men, and
crimes only are disqualification from citizen
ship, all enacted laws should be in strict con-
foTnity thereto, and have this primary truth IN
view; Mis as II irio for q nation IF f5eemen.-
Under these impressions, should every bill be in
trodnccd-under the like important considcra-
tons should ii be framed-and under a full con-
vctIon OF its features being in strict conformity
thereto, and accordance with these Just princi-
pies, should il be passed into a law When this
fundamental truth is lost sight of. and laws are
framed without any regard To it, then II is that
the laws become oppressive, and the people
groan under the tyranny OF them. Life liberty
the tree exercise OF religion and the right o, self
government, together with tie right of acauir-
ing and enjoying property, are Justly esteemed
material rights, coInHlof to all men, and are not
to be molested by the arm of government: and
the free, full, and perfect enjoyment of them
form the essential features of a free government
u
these fundamental truths, is our government
founded. 1t therefore becomes the Legislator
as we'll as the private citizen TO examine with
scrutiny every law which takes from a citizen
his liberty, even for moment and guard that
| birtiiFight which our fathers transmitted to us
with spirit becoming the sons of the patriots,
sages and heroes of our early history.
| Our laws may be divided into two great
classes, and which may be subd;vdcd; but this
Will be unnecessary, except in part. In The first,
may be placed those laws which dcfnc the of
fences against the commonwealth, and afix a
punishment thereto. In the second those
| which regulate the administration of Justice.
Under the latter, that concerning the demands
OF the creditor upon the debtor Is placed. The
first embraces all crimes; and the second, what
is known in our courts by the name of civil pro-
cecdiGes.
The highest crimes known to our laws arc
punished with death, and many OF very little i'm
ieror magnitude are punished with inprison
ment and hard labor for term of years; and If
ces are punished with imprisonment in Tho
county Jail for short time, and with the add
ton OF a fine. and some Of them with fines ONLY
These are all embraced in the first class. I'm
der the second are included all wrongs done tc
private property, and the Withholding from Tn,
$ creditor MS just demands, which the law saw
shall be paid and in order TO compel HIM TO d,
so, various kinds of actions are in use 10 brine
; the aggressor upon anOthers property or tlit
debtor. into courts of JUSTICE that the Law
may see that justice is done 10 all persons con
cerncd therein. When these suits are deter
mined, the party prevailing is entitled TO hi
choice OF suits, either one against the goods
and cattels, or one against The holy ofthc party