Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-12-02

uprauteeio hisCrel!l2r, fpg t,edcLyeryQt AZ lis pro-
IN satisfaction oi Ills debt? This IS Il subject r
'roi which | have Tor 4 long time, bestowed MY best I
elections; and l have hitherto been unable to discover i
he wiso"m. justice or policy OF calling in an innocent
,~rcur,ty, having nothing to Go in the original transac-
tion, To tHAe the responsibility from, The creditor;
although equally innocent with the security,
l. yet the orIGIuGl Agent, and Is alone Interested
IN It; aud oil course, III all cases Of loss, the injus-
mus be relatively greater il the case cf the
dUslntcrc&tcd security, than Of the Interested creditor.
This policy upon eXnIliuatiou, | believe VIII be
iount to nave been exclusively injurious to the
commonwealth, as well Us To innocent individuals.
Ii Inns served TO extend litigation; and involve il
1t dislhtercstod, innocent reluctant Gti9Cnts Co q
great extent. | ann perfectly sensible of the al6r1n
Always excited, by the suggestion Of TN innovation
upon long established USGgc; and the common law
OF England, generally called the perfection Of reason,
Is rcsortc" 10 Tor the purpose OF giving It's sacred
sanction to the doctrine o. imprisonment for debt
but no such SANCTION cum be !ouu6in the Old Saxon Iin-
glishcommon lax. SO rar from il, ;hat in al the unwisc
interpretations upon the unwri.ten. by the written
Law, no violation of the spi.it OF tho urwritien. has
been more a5lorcnt To iis wisdom, purity and sia-
plcily, t'an the introduction Of the dcspot;c rawer
of the creditor over the body OF his honest Debtor.
gwen BY S;ridsT statutes, III satisfaction Of lis debt.
20 ir i'om EtFlhg TO cEp!cious uvariCe, such en-
instrument OF dosp),iiIn; tic colrrlOn law. not orly
refused to give u? the body Of TIL honest debtor,
to The caprice Of his creditor, but actually secured
10 tie d20tos the beaets 81 tie plough, and per
maps, i"c necessary implements OF his calling. 1t
''N ~ iA'A ~ " tt4tt 10 IL Yer hril-
statutes, which have served 70 strip the con.ruoa
law u tins wisH, humane and beneficial nfi;iciple;
am 70 mark the successive steps, by which, dos
pollHu &'l aThr'ce have rEocchdcd TO effect choir
ulI>ca:"voUs objects.
hopo % be excused upon a subject OF 81, vital
importance to the rights and liberties OF mankind,
'oI reminding IA" General Assembly OF the ~stotutes,
Wd!"l have introduced these Innovations. ana in
Temptations into the common !nv. I,noriynn:nent for
debt was inst introduced INTO England m the reicl of
L'H!rF INC 81 II was then given only 10 the barons
over iIu!T fraudulent balIf VINO iailaG =, account. and
'cd without lands. IN The rCIIa of tin, Isl Edward.
merchants wero empowered - inprison th,ir deff-
o'o, and th2 power of the hur7ua extended 10 all thor
tenants. IN M Sd E!wurds reign, tle ppwer was
extended 20 nj! cases OF debt ana datiuIo. In the
f@ign OF ftn1rY the IN, the power wac extended to ali
actions IN tue case. and WIS male rrugrai in fha
ye'gn of Henry the Ssh.
shall IN rely oSFerv2 upon thcse successive
Innovations Of this great original princinie OF the
common law; that they present more clearly than
any other similar occasions, the progressive stems
by which, the favored classes have rsrrDed the
complete dominion over the rights OF the nreaL
ma Q! so'.ety. "a2 ora 100 much occupied in their
,a'tianie, iiopEi2us Ceilings, to protect themselves
rom cneTo&eh!lcnt upon .ioir civil & political rinhts.
Gn,lt from The multiplicity and inral .itv of the in.
venuonS o. The iSvO.e! few, the GREAT mass of So
cle,y n@Nclound Themselves degraded 10 = haartless
and hopeless slavery. . have deemed The present
an auFnlc!ots noIAent for ealing tho attention ef tI,a
General Assembly - this great fundamental Drinc;-
pc because a radical revision 81 our own fur
C"t--'sal ID 3 . HOY m contamination. and | ereoU-
.! no SUBJECT Wh.Hh Ccal1 be mare worthy of de-.
liberation. than the abolition ct inlDriponrnopt f,y
cent, ana -na restoration fine wise pad humane pro-
Visions o' The Common law, under such nodif atoms
rs would Insure to the creditor tha fpitff,i dnfiva,y of
all the property OF hs debtor, EXCEPT tho beasts of III.
plough alc the necessary Implements OF tha debtors
calling: Looking prosPectIyely culr, 70 Injustice.
would pc done TO TIE creditor from thn abortion oftbis
PIllrl:ie. alter Il BE-. ME fObc known 30 be the lazy
ofthc iaaii and ! believe the condition of n7ankins
you'd ue extensively improved, bv lcavin~ these
means c! subsistence and comfort in tho harijS of Tho
nnio!t.'ial" debtor; whilst | am nader the trrnest
cOAV.c .JG. tlat the condition OF tn. creditor. woriI
IN n'lftJerl"S5 instances. ne benefited thnroh,. .c :.
would eAtele the Debtor 10 eulrlov tia same means ~
the payment OF has debts 30 his creditors. Ard I
caIlH2tavo.d expressing great satisfaction. that the
Senate ofthe United States. should after lone and md
pfoiouii! d2!IGcrutioii, hay passed 4 bill for rgliav;nr
the body OF Tho touass debtor rom the capricioIs
grasp OF us creditor, II ell cases of Judgments obtained
IN the courts q The t-itcd States, and Of redeern;oc
tac original principles of The cid common law f.or, he
Haii'E violations when had to9 centuries been info
tee "11n u, by an ~"al@a!!ng deepotisEa, urged on TO it,
OBJECT, ny = ~r'5ticag, unrctCntiuc avarica.
me se7eral laws AMI resolutions of the Iast CIV,
raj assembly,, requiring cuia y ID be performed ny ihe
i'Eeoi'ira nave received la attention: and have hoe,
geNefa.J carried INTO e-taot adv4ntegoocsIy to IL,
Tho r. stations Ct The 11tt las. Febrlarc, rar,,ay-
ing ~ Executive 20 cilsa Z s.9tculent TO be prepar-
e. a"' .',I -iiE,cG TO i.e Senators and Rayrasauts-
'E'9 81 tA5 STATE ~ Congress, 5i,Jsrinr the amount
- - :! el'l'A7 .of iinas 0n!oEgl1g TO officers AID
men oi TIE Nirg7AIa linz Oh State sJ,a adjustments, in
Clui'lg tAo@o eL2"loyod in the New, az we'll rs tka
IAN s.ETlcn o! this Stale. after due syar,inatic, ~
the subject, "as promptly compiled with. az far - ma
tefiil' i1r that purpose could be fouai. Under an
acs OF t''f<tta Of tho snne month, requiring the Ex-
c~eas.'e 70 Cause TO be sold such art.cits stored IN a.
- v &c useless 20 the Strta; sales have haan
eAecjaa, "!ich have produced to the Treasury a SIM,
fifteen huniTed dollars.
1ne r' %1is,t;oa If The "a section Of tie same act
.Dt4L!F..E i1H .!,.rEs.rN 20 obtain fr~r- ATo-,-- -
,ie5 q ToTa!l i,as'ttran51r a. The lease CT the bor;o9
.,-A5 g. could ne Js Effected upon terms, which. IL
ne ot.lioH Of the Executive, woiid b. advantageous
. The State. an upon .hei- failure. ia that oJieci. tbs
.%scIt'ya directed the Attorney General and Auditor
,EI'"iLs 10 u.s. 'ae Eaceasarr legal means, to obtain
: Ea ut Of al sums due from Hlc.srs. Archer {; po-
tie Commonwealth
- .c'iH?.tinc" Hi.E The Sd soc;iol Of the Same ar.
ne tEe'!iie nay" c.rac3 al advertisement to be in
III .te richmond Enquirer, calling for pro7o.i-