The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1842-06-10
For thu Spirit ofhe Age
POOR MANS BILL.

OF tHc 'us' sessoh VI the Legislature, ehtN'eu an
act in amendment dissection 63 Of Chapt. 2s oflhe
Revised Statues," found on the fourth page of the
pamphlet orlast session. From close examina-
ton the Journal, and dgent enquiry, find the
history of this law to be as follows On the 2lst of
October, Mr. Stafford, of Royalton, introduced the
following resolution: (See Journal of House, Page
45,)
"Resolre9, That the Judiciary Committee be
inst 'uced TO enquire into the eXpediency Of so
amending the 63d section of the 2sth Chapter of
the Revised SIatuas, that said 63d section, instead
Of reading as it now does, shall read as follows:
No person, who is resident citizen of this State,
shall be arrested or imprisoned, by virtue OF any
mesne process which shall issue in an action loun-
ded on contract, express or implied, made or en-
tered into after the first day of January in the year
one thousand eight hundred and thirty nine, nor
by virtue Of any execution, issued on judgement
recovered in. an action founded on such contract;
provided, that if the plaintiff praying out writ on
any contract, made after the first day Of January
one thousand egh, hundred and thirty mine, shall
file with the authority, issuing such writ, an afi-
davii, stating that he has good reasons TO believe,
ard does believe that the defendcnt is about TO de-
part from the Stute or has secreted about his per-
son or elsewhere money or other property, such
writ may issue rs an attachment, and be served
upon the body Of the defendant.
And report by bill or otherwise"
which was read and passed. and the matter referred
to the Judiciary Committee, consisting Of Messrs.
FuIam Of Ludlow, Chandler of Woodstock, Ilib-
ard of Randolph, Villas Of Chelsea, and Grswold
of Burlington, all of whom were Wing Lumysrs,
save one. After investigating the subject for two
weeks, Mr. FULLAM the chairman Of the commit
tee, on the 9th Of November, reported The follow
ing bill, which was read the first and second time
and ordered to "be engrossed and read the Sd
time tomorrow morning." (sec laws of ls4l,
page 4 & 5.)
5.--AN ACT, In amendment, of Section 63, of
Chapter 2S Of the Revised Statues.
II is hereby caacied The General Assembly Of
The Stale of Vermoni, as follows:
Section siAty-,hree of chapter tweny-eigh OF the
Revised Statues, il so amended US TO Ieud as fol-
lows:
No person who is resident citizen Of this state,
shall be arrested or imprisoned by virtue Of any
mcsne process which shall issue in an action foun-
ded on any contract, express or implied, made or
entered into after the first day Of January lhous
and eight hundred and thirty-nne, nor by virtue of
an execution issued on judgment recovered in an
action founded on any such contract.
Provided that if the plaintiff, his agent or alior-
ney, PRAYING out writ, found on such contract,
or an execution on judgement recovered in an
action founded on such contract, shall file with the
authority issuing such writ or execution, an alida
vii stating that he has good reason 10 believe and
does believe that the defendant is about TO abscond
or remove from the state, or mas secreted about his
person, or elsewhere, money or Other property,
such writ or execution may issue against and be
served upon the body of the deendcnl
Approved Nov. 8, lsil."
On the 9Th Of Nov. this bill was referred to the
Judiciary Committee Of the Senate, consisting of
Messrs Wooster Of Addison, Co., Dillingham; Of
Washington, and French Of Chlitenden, all Wigs
but one. And on the 9Th Mr. Wooster reported the
same wilhou, amendment and it was passed, and
on the neat day it was approved by the Governor,
received his signature and became a law.
So much for the history oflhe " Poor mans re-
lief law" The resolution on which it was foun-
did, was introduced by n Wig, referred TO
Wing committee, the bill reported to the House
in tho Senate, reported by Wing and sanctioned
by Wing Governor, and is emphalicaya Wing
lau, and fair specimen Of the Wing relief prom
'sed the poor and aboring classes during the cam
vuss oflsI0, as an inducemcnt 10 vote for" Tip
pccanoe and Tyler too."
By the operation of this law, il revived, the old
barbarious system Of imprisonment for ds5i, for the
especial benefit Of note shavers and Wing specula-
tors. By the terms Of this law the whole authority
is placed in the hands Of the creditor and any poor
debtor may be immurcd in "a gloomy prison with
thieves, counterfeilers aud murderers. for no other
crime than that Of being poor, and Enabled to pay
his debts
The creditor may flc hi, affidavit, stating that
" he has reason TO believe and does believe "that
The deendent has secreied about his person or else
where, money or other property" no matter how
small sum, or what species Of property il may
be, nor Is the Court magistrate authorised 10 en-.
quire into the giounds Of the creditors belief and
although the poor may have no more than
fifty cents in his poke, and other property than
such as is by law exempted from attachment, yet
this is sufficient ground, for un AFFIDAVIT; and ample
authority for the incarceration Of poor, unfortu-
nate debtor.
Had the object Of the projectors Of this bin, been
solely the prevention Of fraud, it mus, have been
couched in very different terms, 1t should have re-
CURED the plan,ifrio have produced evidence Of
his belief, and the court should have been made
the Judge, Of the propriely Of issuing the copias
Instead Of the creditor. Bu, il is evident. that
another, and more nsidous design was at the root
and since the passage Of the law, the prison limits
in the several counties have been crowded with
tenants, and in consequence, hundred, Of families