Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-12-02

opinion, That this penalty might be safely reduced
within moderate limits, by changing the place oi
deposiing the public MISUNDERSTANDING upon ,
its hrst receipt, The Virginia Banks, Tor the Trea
sury Olicc.
This mode oil deposit la. been adopted by the |
present Treasurer, except 10 very limited eX-
tent and respectfully submit to the General As |
scmby the cxpedicncv Of making il the obigaio. |
~ rule hereafter, in relation 10 the whole money |
received at the Treasury; subj CT to such modt |
cations as may be required for change, in making
and receiving payments at the Treasury.
Whilst upon the subject of securities required |
oy law, hope its magnitude vii; plead my justi
hcaton, in calling the attention Of the General
Assembly TO revision OF the present system OF
our laws in relation to sccurityships generally
The subject has already heen taken up and acted
| upon partially. ty former legislatures and the |
enquiry has hitherto essentially eventuated in the
substitution OF special for common bail; which |
seems TO me- whilst it sanctions d change oil the
principle, to stop tar short Of the proper remedy.
Is 1t not well worthy Of the known attachment OF
| the General Assembly to human ri,.hts to extend
their enquiries into the justice and policy OF abol-
ishg imprisonment for debt in all cases. except
s"ca IS may be necessary for holding the body of
IL fraudulent debtor ,as guarantee to his creditor
lo' the delivery of all his property in satisfaction
oil his debts! This is subject upon which have
toi lung time, bestowed my best reflections; and
nave hitherto been unable TO discover the wisdom,
Justice or policy OF calling in an innocent security,
having nothing TO do in tie original transac ton, 10
| take the responsibility from the creditor: who, al
though equally innocent With the security, is yet
the original agent, and is aIonc Interested in il;
| and OF course, i'll all of loss, the injustice
must be relatively greater, in tn case OF the dis
interested security than OF Tie Interested creditor
This i'oiicy upon examination, 1 believe will be
FOUND to have been extensively injurious 10 the
common" cath, as well TO innocent individuals.
1t has served to extend lgaton; and to involve in
II, diSnterested nnooe nt, reluctant litigants,
great x'ent-i am perfectly sensible OF the alarm.
! always excited, by the suggestion OF an innovation
nstaIIi dol H.
Law OF England generally called the perfection of
reason" is re-orted TO for the purpose of giving its
sacred sanction to the doctrine OF Imprisonment for
debt-But no such sanction can be found in the
old oaXon English Common Law. So far from il,
that in all the unwise interpretations upon the un-
written, by the written law, violation of the sp-
| rt OF the unwritten, has been more abhorrent to
lis wisdom, purity and simplicity, than the intro
ducuon OF the dcspotc power of the creditor; over
the body OF his honest debtor, given by sunday
tutes, IN satisfaction OF his debt-So tar from Civ
ing 10 capriciouS avarice, such Instrument of
| despotism; tn" Common Law, not only refused TO
give up the body of the honest debtor, to the ca
price OF his creditor, but actually secured TO the
debtor, the beasts OF the plough, aud perhaps the
| necessary implements of his calling-It would be
instructive 10 refer to the several British Statutes
which have served to strip the Common Law OF
this wise, humane and beneficial principle, and to
mark The successive steps, by which, despotism and
| ava'ice have proceeded to effect their mschevous
objects
|
Importance TO the rights and liberties Of mankind
for reminding the General Assembly of the Sta
tntes, which have introduced these nnova ions and
interpretations into the Common Law.
| imprisonment for debt. was first introduced into
| England in the reign of Henry the IIi-ft was
| then given only to the Barons over their iraudu-
lent Bailiifs, who failed to account and fed with
| out lands-in the reign OF the first Edward,
chants were empowered TO imprison their debtors,
and the power of the Btrons extended to all their
In no Hrl ~ fI,ar1
xtendcd 10 all cases OF debt and detinue-in the
reign pi Henry vs.. Ia" lower extended TO al!
| actions in the case, and was made general in the
reign OF Henry the VIII.
snail merely observe upon the successive in
novaiions oil this great original principle of the
| Common Law, that they present more Gle arly
| than any other similar occasions, the progressive
steps, by which the favored classes have usurped
the compiet dominion over the rights of the great
mass oil society, who are too much occupied i'm
their iaudabe, la5orous calngs, 10 protect them
serves from encroacaments upon their civil and
political rights; until, from the multiplicity and
INGENUITY oil the inventions OF the favored few,
\ tn or at MES oil society have found themselves
| degraded to a hcartess and hopeless slavery.-I
have deemed the present suspicious moment
| Tor calling the attention OF the General Assembly
to tins great fundamental prin ipe, because radical
| revision OF our own fundamental laws il NOW i'm
| contemplation, and / know of no subject, which
could be more worthy Of deliberation, than the
abolition OF imprisonment Tor debt, and the resto.
4 T"uoh OF ule wise ana humane provisions OF tn
Common Law; under UGH modiiir ,tions as would
insur' 10 The creditor the faithful delivery of all
the property % his pi except he beasts Of the
plough, and the nee sary implements OF the
deb ors Calling Looking prospecuvcly only, 40
injustice would he done To- the creditor fror the
option o! this principle, slier it became 10 be
| own 20 be h" law OF the land; and [ believe
tn con'litiou o mankind would he extensively
i'm! proved, by leaving these OF subsistence
and comfort in the hand- Of the unortunatf debtor
whilst am under the tIrnest conviction that The
condition oil The creditor, would in nun,beress /
instances, be benefited thereby; ~ il would ena- |
BILE TN, debtor to "nipioy the saline mean in the |
payment OF his debts to hi. creiitors-Aad can |
not avoid expressing great satisiaclion that The
Senate OF the United States should alter lcng and
profound delbera'ion, have passed a bill for re
hcvinS The body OF the honest debtor from the
capriciouS grasp OF his creditor, in al, cases of
Judgements obtained in the Courts of the u Ststes
AMI OF redeeming the original principles OF the
old Common Law, from the unhoy violations
which had for centuries been inflicted upon il, by
an uniceling despotism, urged on TO its object by
restless, unrelenting avsrce.
The several laws and resolutions OF the last Ge-
neral Assembly, requiring duties 10 be performed
by the Executive, have received due attention
and have been generally carried into effect advan
tageously 10 the Stale. The resolutions of the Ilth
last February, requesting the Executive to cause
statement TO be prepared and transmitted TO the
Senators and Representatives of this State in Con-
gress, shelving the amount Of unsatisiied claims
Tor lands belonging 10 officers and men of t:,e Vr.
gina line, on state establishments including those
employed in the navy, well as the land service
oil this State after due examination Of the sub. !
Jeet, was promptly complied with, az far ds mate.
rails for tat purpose could be found Under an sct
oil the ZSih Oh tie same month, requiring the Exc
cutive 10 cause TO be sold such articles stored IN
the armofy were useless 10 the State sale. haze