Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-11-03

the constitution, and he saw no necessity
OF negatlving tie proposition. Silence
answered the same purpose. The COM
munlcation was ordered to lay on the
table.
!, MIR. +. r. Potter said he held bill
in his hand, which he wished read for
the first time; il related to the insolvent
law, which he thought ought to be amend
ed. As that law now stands, if man
gets the benefit of the act his real es-
tates and property subsequently acquired
are virtually protected from attachment.
l The real estate could not be taken while
the debtor remained in the State; nor
could the personal, but on execution,
which could not be got until notice was
given the debtor to put his property ou,
of his hands, or out of the reach of his
creditors. 1t was his wish to place b,
! law all who had obtained the benefit o.
the act, in the situation of absconding
debtors, and thereby allowing creditors
to attach real or personal estate on writ,
notwithstanding the debtors presence i'll
the County or State. This would be Ill
accordance with the decision of the Su-
preme Court of the United States. For
himself he always thought when man
became honestly poor, he was entitled
to the protection of the laws not only as
to his person, but also as to his future
acquisitions; ana as legislator, he
would 50 protect them, Notwithstanding
the decision of the Supreme Court; he
, would deprive our Courts of jurisdiction
over actions against such debtors, and
= ,oi lao, in ,nil
and if the United States wished to pur.
sue or to imprison them, they should do
it by their own officers, and in their own
dungeons. He believed that the most
of those who get the act were not enti-
tied to it; it was obtained with too much
> ease. In his part ofthe State it was easy
to tell when man was preparing to ap-
ply for the act, for he always Furnished
himself with new clothes, ,and such things.
The obtaining the act was now piece
oflcgal swindling, which ought to be dis
> couragcd. lie believed more persons
; had got the benefit of the act in one
year since. the business was transferred
: from the Assembly to the Courts, than
. had in twenty five years before. After
reading bill which he had prepared, he
moved to refer ii to a Committee.
/ Mr. BaH had no objection to the refer
ence, and hoped the Committee would
also consider the expcdiency ofbringing
back the trial of insolvent petitions to the
Legislature. He thought it would be
far better to resume the former law and
practice. The bill was referred to Mes
srs. Potter, Hazard, Pratt, Simmons and
Rhodes, to report as soon as may be.
MIR. Potter moved that the Clerks Of
the Supreme Judicial Court be directed
. to lay before the House, at its ad ourned
session, the number and names Of those
who have obtained the benefit of the In
solvent act, before the Commissioners
and before the Court, since they had ju-
risdiction, together with the cost to each
. petitioner And that the Secretary Of
State furnish the number and names Of
those who had obtained benefit Of the act
for the ten years preceding the transfer
ring the said petition from the Assembly.
He said, if we 60 on as we have for the
last two years, in a very short time the
insolvent debtors, by the aid of what they
- called "free suffrage" would govern the
State. 1t was nothing at all, now, for
! man to get the benefit of the act. The
business was done in a n quiet, peacea-
bic manner, and no one, not even those
present in the court house, knew any
thing about it. But a short time since,
one of his debtors, who owed him be-
tween six and seven hundred dollars, Pc
II ttioned for the act. lie went to sec
him, to ascertain who oppressed him.
" The debtor mentioned two persons, both
of whom he went to see, and settled their
demands for less than ten dollars. He
then told the debtor to withdraw his Pc
> tition, which he refused to do, because,
as he said, the Squire had told him ho
y must 20 on. If it was not for these
.Squirts, there would not be so many pc
y titloners.
On the suggestion Of Mr. Upd,ks, tho
further consideration of the motion was
postponed to Wednesday morning.
I The petition of the Stockholders Of the
Bristol Union Bank, to alter their name
" to the Fall Ricer Union Bank; and also
!. to allow the stockholders to appoint di-
= rectors, less than majority, from gentle
men living out of the State, was referred
TO the Committee on Corporations, Mes
srs. Bull, Hazard, Pratt, Church, Halle
and +. X. Potter took part in the discus
: sion.
l. The Committee appointed at the last
D, session to make repairs on the Arsenal,
a and 10 put in order the arms and equip
ments, reported that they had attended
D. to their duty and that the expense amoun-