Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-04-12
CONGRESS-.

the District Of Columbia.
The House on motion of Mr.. Doddridge, re-
solved itself into Committee OF the Whoe, Mr.
Ellsworth in the Chair, on the following bills:
4 A hull to extend the limits Ut Georgetown
in the District Of Columbia;
Q A bill to incorporate the Trustees OF the
Methodist Protestant Church of Georgetown;
8. A bill quieting possessions. enrolling con.
yeyances, and securing the estates Of purchasers
in the District Of Columbia;
4. A bill directing a code Of laws, civil and
criminal, for the District of Columbia, to be pre-
pared and reported to Congress;
$. A bill relating to the Orphans Court in the
District of Columbia;
6. A bill to organize the several Fire Compa.
MES in the District of Columbia;
7. A bill for the more speedy administration
Of Justice in-the District of Columbia.
Mr.. w. r. Davis remarked that it was pro.
posed by one Of the bills which had just been read
that full and uniform Code OF Laws for the
District should be prepared-within which the
provisions of this bill would more appropriately
come 1t could not be expected that some OF
the powers proposed by this bill, to be conferred
upon Inferior officers, would pass without discus
sion. He moved to Law this bill on the table
Mr.. Doddridge suggested that bill could not
Mr. Davis then moved 10 strike out the whole
bill after the enacting clause.
Mr. Ward suggested it to be the better course
to permit the bill to pass through the Committee,
after which the House might modify OF reject it
to which suggestion Mr.. DAVIS assented
Mr.. Wickife said the provisions of this bill,
on the subject Of bail, had attracted his notice.
He hoped to see the day when no freeman in this
country. would be incarcerated for debt. In the
State of Kentucky, no debtor can be held to bail
or imprisoned for debt. But man indebted in
that State, may be followed to this place in which
the temple of American liberty has been erected.
and NAV here be arrested, and held TO bail or
committed to prison for debt contracted in Ken
mck;. Mr. w then offered an amendment pro-
viding that no person should be arrested here up
ON civil process, bur upon debt contracted with
in the District of Columbia.
| Mr.. Barringer supposed the gentleman from
Kentucky. (Mr. Wickhfe.) intended TO convert
| The District of Columbia into city of Refuge
| for the United States. A man who came here
should be exposed to the same legal Liabilities as
IN going from his own State into any other
Mr.. Wickliffe had no wish to impede the course
of Justice He had here witnessed garing ex-
ercise Of the odlous principle OF incarcerating a
citizen for no crime but poverry. He had also
seen the salutary effect Of different principle IN
his own State. He had no wish to make this Dis
trict a city Of Refuge; but he was anxious that
no law should be enacted by Congress which might
give the power of arresting debtors who come
here on business. He had no objection to the ope-
ration of the present law upon the citizens of the
Dstrict-but WAS not willing that strangers. with
out friends tn bail them, should be incarcerated
Mr. Doddridge said, the object of this bill was
merely TO regulate and render uniform the prac-
tice Of the Courts, in the separate jurisdictions
of the District. The important principle con-
lempIaled by the amendment was distinct con-
sheraton.
Mr.. Ward suggested the propriety of modify
ing the amendment, SO as to provide that no per-
son who was not liable to be held to bail in his
ON State, should be arrested here.
Mr. Wickllfe thought the difficulty would not
be obviated-it would then be necessary to send
to his own State to ascertain whether the debtor
was liable to arrest there.
M. Clay approved of the principle of Mr.
Wickliffr's amendment-but suggested the pro-
priety of not extending it to those persons who
had ied from their own State, to avoid their debts
and that an affidavit should be filed to that ef-
feet, before any arrest should be made.
Mr.. Burd said an affidavit Of the justice Of the
debt. should be made IN all cases Of arrest
Mr.. Wicklife then modified his amendment
so as to read as follows:
"That no person shall be held to bail in any
civil case. bv virtue of any process emanating
from the courts or magistrates in the District OF
Columbia, unless the defendant shall he resi-.
dent IN the District of Columbia at the time the
process may emanate, or unless the debt or duty
shall have accrued or been undertaken to be per-
formed within the District of Columbia. or cause
of action shall have originated within the said Dis
trict, unless the plaintiff or his agent shall make
oath that the party defendant has absconded from
his usual place Of residence for the purpose of
avoiding legal process, and also that the claim up
on defendant is just and unpaid.
Mr.. Doddridge said the amendment as modi-
! fed. met his appreciation
Mr.. Pearce thought gentlemen had not exam
iped the bearing, nor reflected on the consequen.
ces Of this amendment The liability to arrest
should not he discharged BY change Of residence.
A person leaving property in Massachusetts, or
Rhode Island might come here aud neither his
property there, nor his body here. be liable for