Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-12-05

quen; to the Commonwealth about twenty-five
thousand dollars, and to the Cincinnati Fund
about eight thou sand dollars. 1t is not expect
ed however that any loss will accrue 10 the
Treasury, in consequence Of these deficiencies,
the securities to the Tteasurer's oond being
amply sufficient 10 pay any balance, which may
remain unpaid, after applying to that object
the whole Of The property, held by the late
Treasurer at the time Of his death.
would beg leave respectfully to suggest to
the General Assembly the pr opriety OF revising
the laws respecting the Treas ury Department.:
in relation to the amount vi the
penalty of The bond required Of the Treasurer,
to the mode heretofore adopted for keeping and
acc ounting for the public money. The penalty
OF he bond now required OF the Treasurer IS
81 900, 900. This sum is so great, that but lew
persons could be found who would be able 10
give the requii lie security. In the depressed
state Of the price Of land, and the want OF conn.,
dence amongst individuals, in consequence "f
the present unexampled impoverishments ana
bankruptcies throughout the country, II would
be difficult 10 make any accurate estimate vi
the quantity of land, which would produce one
million Of dollars, If brought inro market, and
sold for cash. am of opinion, that this pen>
atty nigh, be safely reduced within moderate
the public money-substitutlng upon It's hrsl
receipt, the Virginia Banks for the Treasury
Office.
This mode of deposi. has been adopted by
the presen, Treasurer, except 10 very limited
extent; and respectfully submit TO the Gene
raj Assembly the expediency of making it the
obligatory rule hereafter, IN relation 10 'nr
whole money received at the Treasury, SUBJECT
hp
change, in making and receiving payments al
the Treasury.
Walls, upon The subiec, Of securities require
ed by law, hope it's magnitude will plead my
Justification in calling the attention Of the Cen
eral Assembly to revision of the present sys-
tenn of our laws in relation TO security ships gen
orally. The subiecI has eady beef taken up,
and acted upon partially, by former Legisla>
lures, and the enquiry has hitherto essentially
eventua,ed in the substitution # special, for
common bail, which seems TO ne, while it sane
tons a change Of the principle, 10 stop far
shor, Of he proper remedy. Is il not well wor-
thy Of the known attachment OF the General
Assembly TO human rights. to extend their en-.
quiries into the justice and policy OF abolishlng
imprisonment for debt in all cases, except such
as may be necessary for holding the body OF the
fraudulent debtor, as guarantee to his credi-
Tor, for the delivery Of all his property, in sat
isfac,on Of his debit This is a subject upon
which have for long time, bestowed my best
reflections; and / have hitherto been unable to
discover the wisdom, justice or policy OF calling
in an innocen- security, having nothing to do
in the original transaction, to take the respon-
sibilty from the creditor; who although equally
innocent with the security, is yet the original
ihAgspt, and is relative:
ly greater in the case Of the disinteresed secur.
i'y, than Of the interested creditor. This 2oli-
cy upon examination believe viii, be found 10
have been extensively injurious to The common
wealth, as well as 10 innocent individuals. 1t
has served to extend litigation; and involve in
II d,sin,erested, Innocent reluctant liligants 10
a great extent. am perfectly sensible Of the
o 'arm always excited, by the suggestion of an
innovation upon long established usage; and the
common law oil England, generally called the
perfection Of reason, is escorted 10 for the pur-
pose OF giving its sacred sanction to the doc
trine Of Imprisonment, for debt. But no such
sanction can be found in the I'D Saxon English
common law. So far from il, that in all the un>
wise interpretations upon the unwritten, by the
written law, no violation Of the spirit Of the UNI
written, has bee more abhorrent 10 its wisdom,
purity simplicity, than ne init oduciion Of The
.espo.ic power OF the creditor over the body Of
his honest debtor, given by suadry statutes, in
Of his debt So far from giving to
capticious avarice, such an instrument Of des,
polism; the common law, not only refused to
give up the body Of the honest deotor, to the
caprice Of his creditor, but actually secured 10
he debtor the beasts of the plough, and per-
haps, the necessary implements of his calling
L would be instructive TO refer 10 the several
British statutes, which have served to strip the
law Of this wise, humane and benefi,
'ial principle; and to mark the successive steps
BY which, despotism and avarice have proceed.
I'd to feet their mischievous objects
hope 10 be excused upon subject Of so
vital importance 10 the rights and liberties Of
for reminding the General Assembly
,f-the statues, which have introduced these |
Innovations, and interpretations into the COM
non law. Imprisonment for debt was first IN
reduced into England in the reign of Henry
he Sd. II was then given only to the barons |
over their fraudulent baiiff who failed 10 &C
.ount, and fed without lands In the reign of
he LIST Edward, merchants were empowered TO