Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1828-12-02

suarAneeto euiF TOR tie dehyS yQfll his prp~
perty, In satisfaction Of his debt. This is subject
upoa which have for long time bestowed INV host
reflections; and have hitherto been unable TO discover
the wisdom, justice policy OF calling in an innocent
security, having nothing to do in the original ransac-
ton to take the responsibility from the creditor:
VINO although equally innocent with the security,
is yet the original Agent and is alone interested
IN IT. and of course, III oil cases of loss the inias-
cc must be relatively greater in the case of the
disnierested security than of the interested creditor
i&!& Pohcy upon exaHnnation, l believe will be
found To have been extensively injurious TO the
commonwealth as we'll to innocent individuals
1t has served to extend litigation and involve in
II disinteTested, innocent reluctant liticunts to
great extent am perfectly sensible of tho ala nm
always excited, by the suggestion of en- innovation
upon long established usage and the common law
of England generally called the perfection of reason,
Is resorted to Tor the purpose of giving It's sacred
sanction TO the doctrine OF Imprisonment for debt
But such sanction be- fou1din the old Saxon En-
gsh common law. So far from it that in all the upwise
interpretations upon the unwritten. by the written
law. violation of the spirit of the unwrittcn has
oeen more ubhorent to Its wisdom, purity and sim
pclty. than tho introduction Of the dcspotic power
OF the creditor over tho body of his honest debtor
gwen by sundry statutes, in satisfaction of his debit
30 tar trom giving TO cRpricious avarice such an
nslrument OF dcspotiSm the common law, not only
refused TO give mp the BODY of tho honest debtor
to the caprice of'his creditor but actually secured
| TO the debtor the beasts of the plourh and per-
haps, tho necessary implements of his calling II
would De instructive 10 refer TO the several British
statutes, which have served to strip the common
law OF this wise, humane and beneficial principle;
and 20 mark the successive steps hy which dcs-
polsm am ayarice have pSoctrdcd TO effect Oh ,ir
uischIcvous objects.
hope to be excused upon a subject of so vital
mport:'ce to the rights aud liberties o. mankind
for reminding the General Assembly OF re statutes.
winch have introduced these innovations ana in
terpolatons into the common law. IInnrisonnent ,r
debt was first introduced iniu England in the reign of
Henry the 3D.. Ii then given ONLY 10 the barous
over 'elr fraudulent balf VINO failed to account and
lied without lands. In the reign OF the lst Edward
merchants We're empowered to imprison their deb,-
or>, and the power OF the b1r0ns extended to all hr
tenants In the Sd Edwards reign, tic mower was
oNtended to ali cases Of dc5t and detine In tho
reign ofHcnry the 18th. The power was extended tnor
actions in the case. and was made general in the
reign of Henry the S,h.
shall merely observe upon these successive
innovations or this great original principle Of the
common law; that they present more clearly than
any other similar occasions. the progressive stems
by which. the favored classes have usurred tho
complete dominion the rights OF the great
mus oi society, VINO nre too much occupied in their
iandable iaoorOns callings. to protect themselves
from encroechments upon their civil & political rights
until from the multiplicity and ingenuity of tho IN
VentolS 81 the avored few. the greut mass of So
ciey have found themselves degraded to hearfIeg,
and hopeless slavery. nave deemed the present
an auspIcous moment for calling the attention af tho
General Assembly this great fundamental princ
pie because a radical revision Of our own fun
oamental laws Is now IN contemplation, aud know
OF no SUBJECT which could be more worthy of de-
liberation, than the abolition Of imnrisonment for
deOt ana the restoration OF the and humane pro-
Visions OF the Common law under such modfcsto,s
as would insure TO the creditor the faithful delivery of
Gil the property of his debtor except the beasts ofthc
piouSh ana TIE necessary implements of the debtor
cnlnng, LOOKING prospectively only, no injustice
would De done TO the creditor from the adoption this
principle after became to be known To he the ayv
OF the land and believe the condition of mankind
would be extensively improved by leavinr these
means oi subsistence and comfort IN the hands OF the
unfortunate debtor; whilst ! am under rho fru,s.t
conviction that the condition OF the creditor v,rId
n nimoeresS instances be benefited thereof: AS il
would enable the debtor to employ the same means
the payment OF his debts to his creditors And /
cannot AVOID expressing great satisfaction, that the
senate Oh the United States. should after long and
profound elaboration, have passed bill for relieving
the body Of the honest debtor from the caDricous
grasp OF his creditor, in all cases oiudenens obtained
IN the courts OF the United States, and of redaemnc
'hG Original principles Of the old connon law from the
uhhoy violations which mad for centuries been indie
ted upon It, by an unfsel!ng drspotis urred on TO s
OBJECT by restless, un-cientinr ayarice.
ne several laws and resolutions Of the last Gene /
raj Assembly requiring duties 10 be performed By the
Executive. have received due attentions and have boe
generally carried into effect advsntaceously 10 the
State.
The resolutions Of the 18th last February. reduoy-
ting pc Executive - caso staten nj 10 Do praDar-
Cd ara t-nnvnitted % the Senators and Reprcsenta
;ycs Of this State in Congress showing the arro7t
OF ua5a,s'ed caims for lands belonging TO officers and
men q the Virginia line on State es Dlishnnents in
GLIDING those employed in The Navv as well AZ the
land ,rrice 81 this State. after due examination of
the subject was promptly complied Vvith az far as mn
terlas for That purpose could be found Under q,
act OF inc I5.h oi tnc same month requiring the Ex-
ccutivc % DO sold such articles stored in the
nrr- as w"r" useless TO the State; sales have been
effected, which nave produced to the Treasury gun,
exceeding fifteen hundred dollars.
Tho rcJuistion Of the I'd section Of tho spne ar.
requiring the Executive to Obtain from Messrs Ar 7
cher Povai the surrender Of the Lease Of the born7
iIls &C. could not % effected upon terms which II
the opinion Of the Executive. would be advanta reos
70 the state, and upon their failure N that object the
Executive directed the Attorney General and Auditor
forthwith to us7 'hc necessary legal means to obtain
payment o: oil sums due from Me3srs Archer &, po. /
v5I.. 70 the Commonwealth
In compliance with the 81 section Of the Same NET.
lhc EHecut'e nave cans"d advertisement 10 he IN
=