The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1841-02-03

debtor to take the poor debtors oath at once on
commitment, and allowing properly then to be
attached.
Mr. Clarke though, property should not be
a,tachable on writ but on execution. He
thought there shoald be no properly exempt
from attachment
Mr. Simmons said that laws that had stood on
the statute book for a century and had worked
we'll should not be touched on light theories
Of properly. Our collection laws were coeyal
with the state. and he asked where there vas
a stale where collection laws worked as well az
ours-debts were guaranteed for less 10 this state
than in any other. Here WAS system Of TWO
centuries standing. and 1t ought not TO be DIS
turbcd without good reasons. We have tired
one experiment, the bank process, which made
real estate .atachable, where the words " al
bank" were inserted in the contract, the real es-
tate was attachable. and instead Of psi,ing con
tracts on that footing we had repealed that law.
/, 1t sound policy 10 change a law Of as long
standing as this on mere theory There IS
scarce an instance IN which debtor succeeds
in deiraudng his creditors by reason Of imprs-
onmenr. The law hid done more good within
his recollection IN saving properly than all the
evil IN two centuries.
Mr.. Atwell thu.ght the exemption u real
estate from attachment grew out Of some old
l
which we came. There the fee of the land be
Ionged to the King or the Feudal Lord.
! The merchant finally allowed y sort Of attach
mcnt Of Real Estate. The holder Of the real
estate, by imprisonment was compelled to con
vey his real estate. lie would not admit that
II was ever the policy of Rhode Island, 10 I'M
prison sell the body Of the debtor but only
TO compel him 10 convey his real estate The
object OfimprIsOnn,ent was to compel the deb
tor, according to the laws Of England, to use
hls real estate for the payment of his deOls.-
Shall we continue 10 ImprIspn the debtor when
the object of the imprisonment has passed a
way IL is thu property and not the person
which is to pay the debt. lmprison man un-
I'll he surrcndcrs his property, and you gain the
object Of Imprisonment. The sole object o
imprisonment for debt is to compel the debtor
to convey all his estate for the payment Of hl'
debts. and he ought TO be imprisoned no longer
aud he would give the Supreme Court tul
power to set aside all previous conveyance
that savourcd of fraud.
As to the question Of taking away the powr
the creditor has 10 cOcrCe hIs debtor to surren'
der his property, he would not consent TO take Il
way this power. but lac would give to the debto
the election 10 surrender his property or be i'm
prisoned.
The class Of men imprisoned are not the ricl
hut are the pOor-ncarly I'll are for debts les
than twenty dollars, for the purpose of wringln.
payment tiom the feelings aud attachments -
our nature.
Mr.. Simmons agreed with Mr.. Awell 10 re
llcving small debtors. But he wished 10 enable
the debtor TO lnterpose his body to shield hI
property till better times. and the only question
IS as to whether this allowing time TO The debtor
does more injury than good.
Z
resolution, so us to abolish imprisonment 70
debt, provided lhc debtor would surrender al
his property.
Mr.. BoswOrth thought nlan should not h.
compelled to Surrender his properly and max
a fdIlsrc, or go to jail, when large portion o
his creditors might wish him TO 60 on and us
his best excrtons to pay his debts.
Mr. J. +. Barber wished the resolution Il
be referred to a committee without iustruc
tons.
/ Mr. Y. Il. Ilazud thought the writ shoulc
run agaust the property aud allow the creditor
Que year 10 redeem the property.
And The House voted TO refer the resolution
to a select committee consisting OF Messrs
Clarke, WhppIe Of Coventry and BoSworIh
WEDNESDAY MoRNrNG.
Mr.. Adrich presented resolution for 4 bill
allowing 10 jurors payment for one day IN COM
lng to court aud one day returning which was
adopted.
The bill in amendment of the law admitting
Frccmen WIS read by tide and passed,
Mr.. Stead called up a memorial Offered by
him at previous session, Tor erecting monu-
ment for the late Gov. Hopkins.
Mr.. II. WhippIc opposed the resolution on
the ground that the finances of the State would
not warrant the expense.
N IL Ia, ,t Al
other Governors equally culited TO monuments,
aud monuments should be erected TO them us
we'll rs to Gov. Hopkins.
Mr. Stead said the remains Of Gov Hopkins
now rested without stone to mark the spot,
and there ought to be some monument erected
! Mr.. Robbins said 1t was due to the state
To that great mau--to his servicCs--to the times
in which he acted, and the events in which he
touk part. that this resolution should pass
Mr, Spencer said he believed Gov. Hopkins
was signer Of the Declaration of lndepen
dcnrc, and the only one of the siguers who's,
grave was not marked and as he thought the
grave might not otherwise be marked, he wa.
willing To appropriate fifty dollars.
Mr. Robbins thought sum less than two
hundred dollars would i'll comport with til,
dignity of the State.
The House was called, and the memoria
"dS duoplCu ID lo 10 duu lilc iluNSt NONCu u
{ appropriate $500 TO the purpose, aud Messrs
] Stead, Clarke, and Randall, were appointed
Committee TO cary the vote into effect
The Governor and Seuatc were invited an
joined the House, to be present at the trial G
\ the Docket Of Private Petitions.
, Petitions of Vim. II. DWolt v. Edwau
Grey, and against Borden Wood, we're coulin
ued nv agreement. and the petition Of Thoma
n Il. Harvey was again taken up.
: Mr.. +. II. Hazard, for the petitioners. stated
. that they wished that Tor two months in III
a spring no person should be permitted to oh
!, struCt the entrance or breach Of Point Judn
: Pond, with nets, Seines, pots, or wires in th
g spring and lal so that in the spring the her
| ring could enter the pend. and IN the rall III
bass could enter. IL was of great importanc
II To the inhabitants in the vicinity Of the pond