Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-01
VOL. XxIy...NO. a.

:
Tor should an individual agree TO 10 any ,neri,,.
act and fail IN its perjornance YOU have iurislie.
lion over his body The operation then is that h..
who owes live thousand dollars in nsonev v. re
"ssed, While he who agrees TO do specific acf no.
worth tenth of that sum, may be imprisoned
ouid nos ns, he asked be partial in the extreme,
Hese suggestions were merely thrown out witt,
Anew iiiat some general arrangement ,nrhf ba
entered into, Which would cover all The gyo,nd
AID make exemption from imprisonment ,,5its cal
Mhs bearing. lie would not say that he wa,I,n-
friendly TO the principles of the bill but thoupht,s
provisions inadequate to the attainment OF ifs~ena
however friendly he might be to IL, though i,.
would ne Tar IRON affirming that he were so in ito
shape lac should be compelled yotce ain,t
Mr. Berrien was Of opinion that the object nj
Use bill would counterbalance all The .inconrc.
Ilences that could arise from it's adoption He was
- wen aware as the gentleman from Virginia. of
inc cose manner In which the law was affiliated
and a1naIgaInated, and that we could not frencb
upon without more or less disturbing existing in
sutat'ons. 10 his mind, it was all-imporiaIt that
INC wisdom and legal experience OF Senators
should be brought tobear, TO prevent any cvirs j.,
datni which might be attendant upon the connpr
non oil so Important measure. Therefore he,cor-
ceiSeu me senate ought not TO shrink from fespon-
sihIiity' to remain stationary in jurisprudence nor
suffer law, foul in ITSELF to disgrace our sts,ute
book, from fear of minor considerations IE srci,
were me principles upon which we Were 70 act.
we should he doomed never TO advance but "a he
forever shrouded under all the evils OF the ,,re,ar
ing system. The first question that presented H.
sell TO his mind, the principle of the hill st
laFy' ahd.i so, what wonld be the best form of
! applying 1t: he was of opinion that all the oh
JeSuons urged by the gentleman from YirSfni,
were fully provided against by the bill If frier..
Wse any concealment or fraudulent convey1i,,ce.
| that effect. ~
| Mr. johnson of Ky. rose merely TO make a fSw
remarks In reply TO the Senator from Virefni,, -
that gentleman had done, what he was SO very
able to do made very probable statement OF :,
case OF real: hardship that might arise under me
provisions Of the bill at present before the SeGate
That Is, that one SitiZen of the State of yifpiri
isnt sell lands TO another might obtain Judgment
lor the purchase money, and the debtor might re-
luSe either to give up the land, or nav the debt
To this he could answer, he thought satisfactorily
ne ADMITTED that 1t was real of hardship
mat not only might. but in all probability gou!t
happen In the first place, said Mr. j. as the raw
Is prospective In It's operation, ii would natIIrv
suggest itself 10 the seller, that il was ne
for MS safety, not only 10 take hond for ~:
payment OF the purchase money, but TO keen The
itse IN lils own person until the purchase money
was paid. Even now, in Eirginia pndar the me-.
sent system, 1t would be unwise to act othef,yi,.
ii the gentleman from Virginia would ,nak.
some proposition by which the creditor r,irht he
further proteee': il his rights he would cheeffil
" vote with him. Bat if the State of Virginia has
system conflicting with the general system ,vb,
was to blame? The Congress of the United Sfsics
or Tie Stale OF Virginia? If the cases of hardship
suggested by the gentleman from VIRGINIA ma,
exist what viii he do, said Mr. J. with the t,ni-
unfortunate, not criminal, are deprived of tliei~
liberty and the means OF paying their debss Nv
trd-hearted afd yildictve creditors? Cases OF ,;S
klnd nave existed and DO exist all over the IIyion
IL iie gentleman would limit his principe so nc 40,
exempt iile honest and uuiortuno'e debtor iro,,
imprisonment, ne would Wit, him TO the fuls
cs. extent TO punish tie guilty.
Chris.ianiy itself, Mr.. J. said VS. in f,vo- ..
aoiishinS Inc o;iois system OF i:nprisonInon far
debt; for 1t was Of the subIilnest attributes of
neicy that 1t was better for ninety nine guilty per-
= tn RI fka.f,
ltthe gentleman of Va. came to reflect he co,iJ
ot oppose principle OF this kind OH the ground o.:
isolated cases % hardship that might or might MOI
occur lii could be successfully opposed en- ih.
ground that some Inconvenience mi g result then
no lrNiyidual here Aeed raise his voice in lis f,ysr
MI johnson concluded by saying, that l.. would
alter ms motion and move the postpoiencnt of The
hh! until Friday week, when he hooed The s,hi..c,
would be fully discussed, and finally dcciaefL
Mr. Tazewen not prepared, nor Gil 70
WISH TO 80 into a discussion tis time. He FaJ
merely suggested such objections as had occurred
10 hlm AT the moment with view that the friSnSs
OF The bill mghttake advantage OF them He Rad
been foo long conversant with legislation, not Z,
Know that all amendments were received win, an
~ grace IRON an opponent. He was, however, still
OF opinion, that, the bill stood il was lpS;Iitcd Ia
ue end 1t amend at, and might have a tendency 10
"efange our whole system OF jurisprudence f.,
S'eSnlS 10 avoid one evil, might fall xto far
greater For his own part, he would rather Issvo
the law 10 its full operarion and dcpend on rriiT
opinion, which liberal and enlig htened as IL VIE
would never allow the citizen to be opprf.ssnd =
The objections which he threw out with rt-,pect to
DEGREES III chancery, had not been satisfactorily
answered. The friends of the bill might rstnedv
such detects if they chose: if not they nac,E.fot
complain when these impcrfections are made Inc
ground OF opposition hereafter.
MIR. Van Buren, said that If the bin was oson a.
Tue hrs' objection stated by the Senator from Eir.
GINA, it would certainly present serious dlit.ur
~ IN the adoption of the measure under consdef-,-
ION. The United States had he SAIL iJopted fin,
laws OF me several States IN regard 10 pr6-es~ "a
the rule for the federal courts Those laws tScro
beyond our reach, and the establishment of trcne-
raj rule by act OF Congress, which would work wcf
IN the different States, was next - impractfcahr,
mat subject had, on former occasion, been con-
sidered IN committee, Of which he was a mem
Der, and found full ofdiculty. But he was hdur.
ed 10 hope that, upon farther reflection the Sen.
tor rom virginia would find that the objection ,,g
on which he principally relied did not exist MI
Van buren, rccolected we'll that on a Eorfncr.oc-
casion, when this measure was under considers
uon inc same difficulty, growing out of the pecs.
mar Iealure OF the laws OF Virginia, protecting real
aidss from sa'e upon execution, had been ssaried:
Ahdt 70 Hoviate II, well for purposes of aniote
general nature, clause had been insor, orafeI ju
me bill, the outlines Of which had been furnished
ny Senator from Virginia. the Bec John Taylor
% Caroline, and matDred by a committee, Of (which
Mr. Van Buren a member; by which II il tr,
vided that ii upon proper inquiry II slialI he foifr
that the debtor has property which cannot ~
reached by execution. il shall be lawful 10 arr,
aud confine him rs before Nor dill the rcri,cf,,
stop there. The bin further provides flat in go.
OF such imprisonment, The debtor shah be depri,e
OF the Jail liberties, and subjected 10 close cnotiut
ihsht mus entering what j. now but nominal
an ehicicm security 10 the debtor BE was mr..