The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1828-12-08

'e 'hffonae'ion OF the drsToiic power OF the
creditor over Nh" body OF his honest debtor, civ.
IN by s'ndr, statutes. in satisfaction Of his apb,
DO fir from giving 10 eapricious ~svaffee. such
a" Instrument OF despo'ism the co,dkwn Law,
not only refused Ia give up the body OF he hon.
est debtor. To the caprice ofhiS creditor. .l,,t, ac.
tuaiiv secured to the debtor the beasts ,b.
plough, and perhaps. the necessary lind Nen,s
of his calling. IL would he instructive NJ eeev
10 The several British statutes, which have bed
10 strip ihe common law of this wise. M ne
aud beneficial principle: aud to mari the VIC
eessive steps. 10y which, despotism aAd ~avasies
hhvr proceeded TO effect their mischlevous oh.
jects.
! hope 10 nc exc1sed upon n subject of so
viiatimrnrtance 10 the rights aud liberties of
innnktnt, for re mindins the General Assem-.
bly, oftke statutes, which have introduced
these Innovations. aud interpretations into the
eoTiman law. imprisonment for hehf was
first Introduced into England in tne reign ut
Henry the Sd. 1t was then given onlyfto the
barons over their fraudulent laililFs who fail
ed Ia nonnt and fled withou, lands. In the
reign Of the 1st Edward, merchants were en-.
powered 10 imprison their debtors. and the
power Of the bsrons extended to all their ten
ants. In The Sd Edwards reign, the power
was exieneded 10 all cases Of debt aud doiie.e.
In the reign of Henry the 7th, tho pow erssas
extended 10 all acllo us in the case, and fvas
made general IN The reign Of Henry The SN.
I shall merely observe npon these successive
Innovations of this grsaf original principle OF
the common law that they present more
clearly ,han my other similar occasions. the
progressive steps, by which the favored class
fsifaFe nsnrped the complete dominion over
q. BIS OF the great mass of society, who
.afa much occupied in their laudable, la
tlaf1z kcaliings, TO protect themselves from
Gu k#Sehmenis upon their civil and political
rights, until from tho multiplicity aud inge.
nnity of the inventions Of the favored few,
tho great mass of society nave found them.
selves degraded IN n hear'less and hopeless
slavery ] have deemed the present nm aus
picions m for calling the attention OF
the General Assembly TO this great iundamen-
tai principle, because a radical revision oil
our own fundamental laws Ia now in con.
temptation, and know of no subject which
could be more worthy Of deiiberation than
the abolition of imprisonment for debt. and
the restoration of the wise and humane pro-
visions of the common law, under such mod
ifications rs would insure TO the creditor The
faithful delivery Of all the property OF his
debtor, except the beasts Of the pioughnn the
necessary implements cf The debtors calling
Looking prospec'ively only, no injustice
wonli be ions To the creditor from the adop,
ton of This principle, aferi il became to he
known 10 be the law OF the land aud I he.
lieye The condition Of mankind would he ex.
tensively improved, by leaving these means
of subsistence aud comfort in the hands of the
unfortunate debtor ; whilst ! am under the
6rmest conviction, that the condition OF the
credit or, would, in numberlrss instances, be
benefited thereby as il would enable the
debtor 10 employ the same means in the paw.
ment OF his dehtsto his creditors. And | can
not avoid expressing great satisfaction, that
the Senate of fie United States, should. after
long and profound deiihcration, hive passed
a hill for relieving the body of the honest
6ebtorfrom the cariicious grasp Of his credit
or, in all cases Of judgments obtained in the
courts ofthe United States, and NJ redpPmina
the original principles Of the oil common
law. from the nnholy violations which had for
centuries been inflicted upon it, by an unfee.
ling despotisin, urged on TO its object, by n
restless. unrelenting ~avaricc.
The several laws and resolutions of the last
General assembly, requiring duties to be per-
formed by the Executive, have received due
attention. and have been generally carried
into effect advan,aSeously to the State.
The resolutions OF the llth last Feb. re-
guessing the Executive to cause n statement
In be prepared and transmitted TO the Senators
and Representatives of this State in Congrf SIS,
showing the amount Of unsatisied claims for
lands belonging TO officers and men OF the Vir.
GINA line on State establishments including
those employed / in the Navy, as well rs The
land service OF this State, after due cxamina-
nation of the subject, was promptly complt-
cd with, MS far as materials for that purpose
could he found. Under an act OF the 28ih
of the same mouth, requiring the Executive
TO cause Ia he sold slch articles stored in
the Armory as we're useless 10 the State ::
sales have been effected, which have produce
ed 10 the Treasury a sum exceeding D U dol
lars.
The raqnisi'ion Of the Cd section Of the
same act, requiring the Executive 10 obtain
from Messrs. Archer and PovalI the surrender
OF tile lense OF the boring Mills, &c. conld not
be effected upon terms. which, in the opinion
ottfe Executive. would he advantageous 10
the Stale, and upon their failure, in that Oh.
Ject, the Executive directed tho Attorney &c.
neral and Auditor forthwith 10 use the naces.
sary legal means, TO obtain Payment OF all sums
due from Messrs. Archer md Povall, 10 the
Commonwealth,
In compliance with the Sd section of the
same ACT, line Executive have causeii an ad-
vefiiseinent To he inserted in the Richmond
Enquirer, calling for propositions for tho pur-
chase, lea ST, or exchange of the Armory build.
ines aud the lands attached thereto, but no
propositions for either of those purposes have
yet been received.
In compliance with the provisions Of the
act of the llih of Feb. 1928. the Executive
have selected the south east room Ia the Capt.
iol, for u Public Library, and have caused the
same 10 he iilled mp for that purpose upon
advantageous terlmS.-They have also caused
the books Described in The 2d section of that
act, to be deposited in the public Library.
with all such Others as have heen purchased
with The monieswhich have accrued from the
funds appropriated to that object the whole
of which have been invested 80 purchases OF
hooks. Under the authority given in the Sd
81 ction the Executive have provided rules.
regulations aud bylaws for the government,
and %contro, eCihe Public Library, which are
now respectfully submitted I" the considera-
lion of,he General Assembly.
The new Mans of Virginia have bee dislri.