Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-05-01
THE GAZETTE.
MAY l, 1928.

"a Be
4 ishing bail upen mesne process as a matter of
II right, in all civil actions. BY the provisions of
che act to entitle party to this feudal privilege
y for the security of his claim he must make an
n affidavit similar to that now required by Law
b on action of assumpsit, case, &c. This bill was
Il rejected in the Senate. The question was to
US, one of some novelty and interest. We at
The time expressed our doubts of the policy
and expediency of the contemplated law--nor
j indeed at the present period, are we prepared
10 admit that our opinions have undergone any
very material change. The subject however,
IS one of extensive interest to the community,
as all questions affecting the delicate relations
Of debtor and creditor, Or innovating upon Set
tied and well established legal principles mus,
] be, and we are disposed to examine it with that
\ eandour and impartiality due its important bear
ing upon the pecuniary transactions of society.
The abolition of bail upon naesne process, with
many other important alterations in the existing
laws, has lately been the subject in the British
Parliament. We subjoin the following extract
from Speech delivered by Mr.. Brougham,
upon the Reform of the lozvs-a speech abound
ing in LIBERAL and enlightened views of jurispru
dence.
OF holding TO bail, he speaks as follows:
"But, why," said Mr.. Brougham, "shouId a
man be arrested on mesne process at all. Is 1t
right that, upon the oath ola party who swears
that he owes him Is! man shall be bragg
from bis home, his wife, and children, and from
bis country--for the man who has none OF these,
al least has his country-and separated from
them? Is this right? But such is the law, which,
strangely enough. proceeds on the supposiIion
shat man who owes money--be it small or
large sum---be he able to pay it or not-a!ways
I intends to run away. That IS the principle OF
she law, Are We reasonable Legislators? DO We
'egisiate like men of sense, OF humanity, when
goa make laws for--or, rather. | should say,
GgG9s', all men, because the case Of single
man may, perhaps, justify such lswsl That is
not wisdom. You ought rather TO determine to
make the tradesman less easy in giving credit.
ltiesr.l Tradesmen are seduced into giving
credit by these facilities. as they think them, OF
recovering their bills There is a competition
set amongst them-not that fair and honest cir
cuatlon which would be for the universal inte-
sest-who shall excel the other in giving credis
! to the needy, destitute persons-and the CON
sequence of doing so is, that those who do pay
nave del credeye tax levied on them, proper
doned to the losses of their insolyent custom
srs."
The policy and expediency of abolishng bail
! upon mesne process, we regard as one Of those
4 problems in legislation, which the lights of ex-
perience do not enable US fully to solve. Much
4 may be said in favor of it, and certainly much
against it.
BY the advocates Of the existing system, lis
Commended, that in all commercial countries
laod The United States, all, more or less qtioGd
\ hse rartake of that chsracter) where credit
must necessarily be extensive, too much secu
s''y cannot be given by the Laws to rigid en-
'0Fcemen, of just demand. That to do away
With ball. is to abolish one of the most efficient
OF these securities. That the practice is sane
uonedoy the authority of the Roman jurispru-
oence--exlsGs in most of he enlightened ma
IONS of Europe. has obtained admission into
nearly all the States of he American Union, and
uA' uniformity received the appreciation of pro.
''uad statesmen and accomplished jurists.
by the opponents, it is said, that credit is
already too extensively given for the general
sOoo OF society, OF the private prosperity of
"oF'duals Tha, Whatever tends TO abolish the
sOu'e OF the credit system as it is called, will be
''u'i favorable to the interests of Commerce
"uu 'fade. That the abolition of bail will be
'"enoed With this effect. That it is a practice
"uich originated in bsrbarism, and in ignorance
~ Ut ha'tention to the rights of personal Ii
'e'y' and was introduced by the absurd and
feueiious 6ciions of the courts. That several
" tue States, and amongs, others Kentucky 4,
n"eAhloted an example Of wisdom, we'll " or.
'uy OF Imitation in abolshng ii, and that few,
any changes of her law have been found
more ludicious and wise.
England is obviously far behind this country
Al 'ne Improvement of her laws, and in adapt.
"S we changes of her jurisprudence to the
sowing intelligence and increasing lights of the
'Se' Evans in his introduction 10 Pothier justly
''na'kS, "The large additions which are an