Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-01-16

;,y .o,,net those evils. Hence the whole sec
ton Of The constitution cited. II is not intend
cd 10 impair the remedial Jurisdiction OF Con.
press in civil cases, but is level.ed solely a.
gains, the possible excuses Of victorious fac
ZION after a civil War. That the Congress OF
the United States have so deemed it, appears
from the following facts:-
By the laws of Virgins, the jurisdiction oil
Justice of the Peace; extends not 10 debts a.
bove $40, and as it is presumed tina, every Do
DIV has properly, tn thai amount, or (perhaPs
that mans liberty is worth more than that
sum in Virgins the body has always,been ex
emo,ed from arres, in suCiscases. When the
County of Alexandria was 'ccded 10 the Gener>
Ell Government, the common law and statutes
of Virginia, were continued in forceby sre>
cial act Of Congress. In the spring OF 1923
hover, an act was passed, by which the Jurls-
diction of Justices OF the peace was extended
10 all matters in controversy, not exceeding
6ftv dollars; and The power Of holding to bail
and issuing writs Of Ca2ias al Sa,isfaciendum,
was also granted TO them, within these limits;
There was no exception in this bill in favour OF
Contracts originating Lefore lhedale OF the law,
and accordingly the Justices went on TO Try ea-
ses, give judgments, and issue ca sas without
scruple. I, was urged in vain by The poor
SS
than the ACT Of Congress, that it had an &c posi-
Gcto operation upon them, the justices con
,inued and still continue 10 issue them, without
cnquiring or holding it to be at all essential,
what was the dat, of the contract. |, has also
been sanctioned BY he Court The Judges are
now all in Washington and can confirm the
above statement.
In accordance with this Interpretation is the
fact that the eighth section of the first article,
(Which precedes, and is therefore Of higher au
thori,y than the ninth,) expressly grants 10
Congress, the power go establish pni' ON laws
on the subject OF Bankruptcies through the
United States" a Bankrupt Law discharges
both toe person and the future earnings o. the
debtor forever.
The ex~r,iqn Of half This authority, requires
a smaller eff,rt Of power, Than .hr exertion OF
all; because part is less than the whole. IT
Congress therefore has right to discharge
both the person and the property, how Is it de-
MED that il has Alright 10 discharge the person
only leaving the properly still Eables
And to conclude The argument upon this
point, III Supreme Court have long ago decid"
ed upon the principle, in the case Of Sturgis
versus Crowninshield, 4ih vol. Of Wheatons
Diges,; 10 which those who still entertain any
doubts upon the subject arc respectfully refer
red
We come now to the second obje ction, viz.
"Thal tie drb,o' did, at the time Of making the
contract. voluntarily pledge, moi only his pre-
sent properly, but his future earnlngs, and his
personal liberty, as collateral security Tor the
fulfimen, of his contract" In the first place,
il is denied thar he dill. '>i.--- ~~.-
ru In the body of the contract Itself, and it is
affirme that # he did so pledge his liberty,
the pledge is unlawful aud void because his
future earnings are the property Of his family,
and his person i, the property of his country.
If one individual executes a Conveyance in
wiring 10 another for his lie, his personal liz
berry, or his freedom of conscience, for valu-
able consideration in money, this conveyance,
signed. sealed, and witnessed, will be set aside
by any Court OF Chahcery iutnf United States;
bee ause the specific mates onvevcd, being IN
diienabie IN their essence, have not passed; and,
becaus- if they had, The consideration is made
Quaie, there being no reasonable measure be.
tween the value OF those waters 10 the buyer
and the seller. But compact that is false be-
tween TWO men, is equally so between a hum
bred and hundred thousand; for as ten mil
lions Of circles can never make square so the
united voice Of myrads cannot lend the small
est foundation 10 falsrhord The community,
therefore, has no more right to put man IN
Jail for debt than an indi, iGual creditor has.
These arguments however, do not apply TO
the right which communities claim over the
life and liberty # The murd, rer, he robher, the
pirate, or the tarhulent wrong-dotr. The CT
vi oompac, reaches them; AID the outlaw who
has deliberately stained mis- hands with blood,
is beyond ;he pale of civil society, and has no
more potion in its privileges, tnan the wolf
has in the food and shelter provided for the
masif. ] is thus that reason speaks, and un-
tu,ored nature says tie Same thing.
Our Saxon ancestors, f. rec as they were in
war, were mild and scropulousin The conduct of
civil controversies Th.re were four distinct
invitations, or summonses, to the defendant be-
fore rrsor.ing to coercl,e means for bringing
him into COURT and it is remarkable faei, that
no one, at this time, can Ne lawfully imprison>
ed for debt in the realm Of Scotland.
The king, as the fountain Of .srice, is sup-
posed to be present in person. or by deputy, in
eveiv court Of law Throughout; the kingdom
A, the request Of the credi or, he is so good as
to interfere, and to send the debtor his roya!
command to do justice within specific num-
kar rc ~ ,yho ba Iixohayc