Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-02-21
Virginia Legislature.
HOUSE OF DELEGATES.
IYednesdaM Februaru LIST.

ITedneSdub Fe0TudTy Isl.
SPEECH OF BRYCE ON IMPRISONMENT FOR Debt.
Air. Bryce, of Frederick, for the purpose OF asking
that the subject be referred a Select Committee. In
doing So he discamed any intention reflect upon the
very respectable committee TO which had been original
ly referred. But he well OF the muitliarous
duties which had been from time 10 time imposed by this
House, upon the Committee OF Courts OF Justices and he
fearful that in the discharge oil those dutes that
Committee had been able TO give TO the subject that
mature and deliberate investigations which its importance
dcnands.-Mr b. did not intend, at this time TO go into
detailed argument the merits OF this subject.-But
he felt it due himself to take this opportunity of de-
clarng his conviction, that the adjustment of mprison
ment for debt, is wild and mpraccabe proposal. 1t
Is one for which, said Mr. b. the public mind In its pre-
sent high and elevated feeling already prepared-it
Is which was dictated by every principle OF humane
it one which accords fully with the genius and sp
rt OF our Consution-itis one, the adoption of which,
to the Sate and would be hailed abroad the most glo
rous era in the history OF civil Jurisprudence Sir,
said Mr. b. imprisonment for debt is but Legislative en-
croachment upon that ancient and valuable Inheritance,
the Common Law OF Eagland-tlat beautiful and efficient
system of Jurisprudence, which is universally admitted to
be founded upon the purest principles OF reason and
donal bcrtythat splendid edce of legal architecture,
symmetic in all its proportions and perfect in all its parts
erected by the WISDOM and consccraed by the expert
Of ages upon the great and mmutabe basis of right
justice and Introduced first by the British
Parliament in the reign Henry the Third not for the pu
pose OF benefng the great mass OF the communicate
whose welfare alone the Legislature should look in the
enactment of all laws affecting the liberty the property
Of the citzenbut for the benefit and protection of the
favoured class, the Lords and Barons With u.s. Sir
thank my Cod there is favoured cass-no Lords-no
Barons in this native land, where the
gled banner waves in all the pride of triumph, "Oer the
land OF the free and the home of the brave there be
no necessity TOR such system of partial legislation
The first extension of this accused innovation i'm the
reign OF Edward the First and intended embrace
within its provisions alone the mercantile interest which
seems at early period OF English Government, have
attracted the kind and peculiar attention oits Legislature,
and accordingly entitled the Statute of Merchants
And it until the reign OF Henry the Eighth that
twas extended TO all OF contract debt detenue and
tover 1t is true Sir that this barbarous practice had
in fhAa Of
Developments made by their historians demonstrate that il
Is evil which, in free Government must sooner or la
fact, need only refer you the history OF Mons Sacrc
Ineed only direct minds eye the crowd of Roman
citizens retiring from the environs OF their native city, the
proud and potent mistress of the word-now the land
lost gods and god-ike mcn-and rallyng around those
standards they had desert and which had
been placed upon the sacred mound by the hands of Lic
MUS Bellutus, and enquire why all this commoton why
this dsaffecton to the constituted authorities? The
swer is to be found in the authority which the law gave
the creditor to mprson his debtor Sir, they
ca by simultaneous emanaion indignation at the treat
ment received from their creditors; they did believe
that the punishment imposed upon them, compored with
the dignity and magnanimty Of Roman citizens; and they
formed the noble purposethe solemn deermnation-of
Graduating imprisonment for debt from the of
Government which proiessed TO be Free The body poll
tic, like the body corporea requires occasional purga
uon in order that the latent seeds of disease may be re-
moved and the system permitted to return TO the vgor and
elasticity OF healthy and all radical diseases require prompt
and energetic remedies. The fund upon which execu-
tons shall operate, is clearly and nconestblya regulation
vi CIVIL Character, SUBJECT TO the absolute and
sional control of the Legislature and it clearly within
Its power to contract extend that fund to suit the
views and meet the demands OF those whom they
And In Government like where every flows
from one common ountan-wherc the people is the only
source from whence all power emanates public opin-
lon the great wheel which sets the whole machine
ry in moon the relation of debtor creditor is not only
Of the important but the most delicate and
difficult branches of legislation, and should be regulated
upon principles the most Just and equitable In the
covery of all debts and enforcing OF contracts all harsh
and sudden means should be restrained by spirit of lib
eraly and forbearance towards the debtor whilst the
rights the interests and the safety of the creditor should
be guarded with the utmost vigilance and precauon
Is therefore, matter OF inconsiderable importance
the citizens oil this Commonwealth that should deter
mine in our legislative capacity, whether it is
nant with the rights of the debtor or am one of those
who believe debtors have ghts) and accords more fully
with the interests OF the creditor that executions for the
payment OF debt shall be directed against whole pro.
perry of the debtor with view have il converted into
money and the price paid the CREDITOR whether the
execution should be directed against the person OF the
debtor for the purpose of compelling him to provide more
speedily and eflectualiy the of payment yield
up his liberty to naughty and unfeeing creditor To
the frst oil these propositions give most hearty and
unqualified APPROPRIATIONS TO the latter positive
unequivocal opposition. conceive Sir that contract is
founded upon confidence and upon property. conceive
that reason and justice deny the creditor the right
enslave his debor and humby apprehend that property
Is tpe only fund which contract rightly operate
III this be true, take the property of species
whether real PERSONAL mxed--whether in possession
remainder il is this which has
ated that confidence, upon the faith of which the debt
was permitted 10 be contracted but in the name oil
every thing which is dear TO feemen spare the lber-
ny and protect the person of the unfortunate debt
Or Mr. Speaker, never unfortunate citizen led
captive to the debtors prison. that do mourn DER the
degradation OF my native State witness the appa
ling spectacle that do not ask how long are people
to be Knocked with the appelaon of the land
IL czen, who by the force OF circumstances which
he can have CONTROL is thus the within of an heart
less the caprice of mercess creditor to be
verted into slave, and deprived OF all the various bes-
sings oil freedom, OF country and OF friends? How long
are we TO be denomnaed free and happy people, when
II Is within the power oil any citizen without prima
faca evidence of debt the slightest mpuation ofraud
to demand that his citizen find surety to answer his
demand, no matter how unrcasonabc-no matter how UNI
JUST Sir, am free TO admit, that if the party against
whom the requstion OF bail is made, be wealthy citizen
mat the demand is merely nominal But suppose too
frequently the he be poor but honest man. with
large and helpless family dependent upon his own cxer-
we all know, and should lament the fact that if no kind
friend be at hand possessed Of sufficient wealth TO cover
the demand, the unfortunate victim is TO be drapeed bv
the Sheriff from the fond embrace his wife and the pratt
tie oil little innocens TO be immurcd in the wall of pri-
son-house, there TO commune with the corrupt degraded
perpetrators OF every species of crime until Yields TO
demand which he knows in many instances TO be unjust
IN order that he may be permitted his anxious
and distressed family remain in confinement until his
cause undcrgoes the slow and tedious process of legal in
yesiigation. What for the contemplation of an
honorable mndBut, during the confinement of the hus-
band and the father what becomes of the wife the part-
ner OF his msioruncs, and his children, the offspring OF
their mutual affection?
Sir, they TO be turned adrf with no roof to shelter
them from the impending sorm-wih bed whcreon TO
reposeand no food TO allay the pangs of hunecrsave
what the cold and pess charity Of the world thinks pro-
per TO bcstow-
" Condemned pennyess barren patb to roam