Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-01-24
TO lse Editors Of Mo Cons,iiutioaal rr-z;;y

! TO he Editors Of the Constitutional rph;g.
iPresume thatthe Committee Of Courts of Justice ba
gwen the go by TO the memorial of Richard Baad Lee
presented TO The House of Delegates dur n their
sent session, by asking TO be DISCHARGED from tho
consideration thereof As the memoriast asked ..Goy
no personal favour benefit but merely commitment
Gu expressions and grievances: which, however rencdi
less as 10 him. might hereafter affect other innocent in
'iuuais-it may be proper TO make known those on
Pfessions and grievances that ths community NAV nm
ucfsahd they were neither upfouudcd nor frivolous and
"eic VI nature, not only TO deserve the examination
tc Legislature of one of the most important States
| III The Union, but 10 require an etroc,ual re,nedr
H. b. Lee stated that the Superior Court OF Law for
s counil OF edelick had decided. that though lie was
"a'Vc oil the state OF Virginia, and had cfen repre-
sehtef ie people thereof in the Legislative Councils of
hs country that because he resi- led in the CITY ofYasb
ngton IN the District oi Columbia he be regarded
as 10 Virginia, alien and in lis Courts receive no
nter respect than subject of the ca and Turk or the
oph oil Persia lie stated that by this decision he had
heen ruined and deprived OF a large debt which he had
recovered III the District of Columbia and which recn
very had oeeh sanctioned by the Supreme Court of the
United States The Inemoi alist susgesed whether if
would not De an act or magnannity in the Ancient Do
uinion and Commonwealth of Virginia to pass q law
securing me same respect its courts to record of
judgment from The courts of The District of Columbia
"iln winch similar record from Virginia is received
in that District ~
another ground stated was--whcn after infinite de-
lays and vexaous. he had at last obtained Judgment
against ms DEBTOR III the Superior Court of Frederick
and though he isibiv and VIGOROUSLY in possession
OF lands of the value of 90 0OO the income of which
ne conneo 10 receive, the Jailor thought proper to no.
y Mr. Lee that lac should look TO him for the Jail fees
a'u 'hat ne perseveros III looking him. though the
oeotor is now prisoner other executions I'm suc
case 1t seems 10 be equitable that these fees should be
divided among all the creditors
Another grievance was, that the law afforded no other
remedy 70 compel debtor TO deliver his lands for the
payment OF his debts, but the imprisonment of his per
isoh--except through the tedious and Intellectual pro
cess OF The writ of e!egit. Therefore il was respectful
~ submitted whether the law should not he altered in
respect by snbjecng lands exc cution under Ger
tam notifications and guards for the payment OF debts
twas urged tina, this the law Of most if moi IN ,e
states IN The Union, and particularly those wcl were
most hourising. That tins shield of lands from
ton Only favored the fraudulent rs the homes, b
OF lie modern invention of deeds of r,st subjected
e.' ~ sac uer terms more ru'nous and oppressive,
tiian any form OF legal execution would Permit
IL c. &C was submitted Of an inlvitiual-who furnish
ing IN comfortable manner apartments in tlc sn,;nns
jan 1t " inchcser resolved TO defy the law 10 retain his
property, 10 I'VE luXurionsy H. and not only that
W" 20 ComFci ms debtor to continue and pay tor his
good cheer.
II tins was not requiring tlle nterroston Of a
just Legislature, II is impossible to name enc Which
would al least tins remedy might have been aftr!e
TIE creditor might attach have been authorize ia
ecnte any property OF the debtor he NIGH, find al the
END OF every sixty days after he had paid e aiIpr the
fii ices, tor The amount paid. The confinement OF
The debtor being accorded to the creditor 10 comoel the
~' " "c'i'cf up properly tor tile payment of his
debts ought not to be permitted be rendered nulitv
not only nudity, but an additional wrong committed
on The latter.
Perhaps the exemption Of lands from execution for
fie payment of debts in the Commonyv cath of Vrr
a, Is the only rclic 10 be found in the United States N
IFhe oarharc ieudaI age of British ancestors
property being the creature of society," II is liaLie
whether real or personal 10 be taken for public dues:
why ought this principle prevail in favor of the Com
mon"eaih, and not be extended to individuals? is il
because debts due TO Individuals are less iust3 Is he
cause vdua!s eau better sustain iuss and fraud than
the broad shoulders OF the Common,v Shame on
snch mockery OF Jnstice Shame on such ,nockory OF
equal rights9 voice from the tomb Of Patrick Hen
~, crses Shame, Shame! Why did not the COMMITTEE
note their reasons for avoiding the consideration of te
above mentioned memorial and for refusing The rene
! dies asked !or3 PATRICK HENRy