Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-04-04
LEGiss..TsrRE OF VIRGINIA.

JiTtSdtcttoa ~ StH.te JaShteS
Air. SPEAKER: No measure introduced to Tue cohsi
deraion of this House during the present session. has,
III my opinion, met with such violent opposition and SO
little courtesy from lis opponents this bill, from lis
incipcncy to the present time When il was las. call
ed up Tor the action OF this House. the gentleman IRON
Northampton moved lis indefinite postponement; and
called the previous question To cut oil debate, with Tie
avoWed object Of Surfing time !; intimating thereby
wish, OF he existence OF which, his long and o-repeas
ed speeches heretofore had created in the mind of
members even remote suspicion. Under these CIR
cnrnstances, elimination and recrlmnstion were IN
dulged IN By the friends and enemies of the measure
and, to the lawyers and clerks this body, am sorry
To say, improper motives were imputed for their oppo
stion, from the fact that their pecunary interests were
involved TO considerable extent, in the provisions Of
tins BILL which retains IN the pockets Of iigan;s, law
yers lees on all sums from twenty 10 fifty dollars
Unworthy motives ought not to be attributed TO
bers o this House for their conduct unless they render
themselves obnoxious 10 the charge by mpuling sim-
lar motives TO others
1t has been shown, no By logical argument on!y, bot
by exhibition OF facts that great and important be-
fits will be derived from the passage CT this bill
The cost ofcollectng debt of $50 Che parties taking
the benefit Of HE longest time under existing lass) by
sui; wrll BE- 23 ~ whereas, the Of collecting lii.
sane amount by warrant, nnccr the proposed law. Will
he only - c-saving 10 the defendant alone, Si7 -.
The cost Of collecting debt OF SO will be, By suit,
S20-and the cost Of collecting the by warrant,
will b. only So 1o-saving TO the defendant alone,
SIC %. The cost Of collecting debt OF -! will be, By
suit, $40 IT, and the cost OF collecting the BY
warrant, will be only So oosaving TO the defendant
alone, Sl6 81 b. noticing the foregoing facts IL will
be clearly seen that the OF collecting debt of $50,
by snt will be 81 per centum while the of col
Letting the same amount by warrant, will he only 81
per centum. The cos! of collecting $50 by salt, will
he 57i per centum; while by warrant, it will be only
per cent. The cost Of collecting by suit 2l will be
50 per cent. while the cost of collecting the same
b,,, bn Lar ~ :
promising so much relief in these times of general dis
tress by removing from the shoulders Of both the debtor
and creditor class oil community burden Of costs
the collection Of d.bls, might have been supposed
would not have been opposed, but tor good and @eghy
reasons. Without attempting to answer the many ar
guments made against the features OF this bill At differ
en tines all of which have fallen or been removed by
the changes which it has undergone ] shall coniinc
my remarks 10 the arguments against the bill, cS nov
stands. What are the great evils which may result
from extending the jurisdiction OF justices 10 so, To
counte balance the great amount of good which must
result from such extension The gentleman from llar
says, tina! it will make collections spec
dy and that 1t will be the greatest which has
fallen the people. How will il make co!lec
tons more summary lie says, money cannot, in
many Cf county courts, be collected IN less than 10
years. the gentleman, with his professional attain
nlens, knows well, that this delay is not The t0fcs
OF the existing law, bat al abasc of it, OF a jaii
to execute It's provisions and IT he he really act-
I'M good faith, why does lie not move TO alter the
existing law so Is 10 give fifteen years stay on al!
under 49, and thas let his views be fully under
Stood or, why does he not offer amendment TO the
bill before rs, 10 give fifteen years stay
all sums under $50; as the Stay Law men, on whom
he go loudly calls, can with more rropriey, come 10
ms aid, inasmuch the delay of payment will
be obtained at much less expense. say, let the
gentleman do this, and show his people well as this
House. tina, he wishes law TO stay collections fifteen
He hIc ms e
stoekeeper and that the shopkeepers about the coun
Try will break up the people Does the gentleman ex-
pect TO frgh,en members from their proPrety by such
assertions, without either evidence argument 10 sS-
tain them 1t presumed, that the friends OF this bl
would like to hear the gentleman demonstrate the trGth
flhese declarations lie doubtless might have proitled
BY the cdage those who live in glass houses should not
lhroY stones" for, moments reflection ought TO
have convinced him, that in charging merchants, @ho
advocate this bill, with acting from interested motives
(when the assertion, that 1t vii rebound especially !"
their benefit u.s. say the least Of il, pro5ematicai)
would be to provoke a retort upon himself; when 1t
known, that, oppose this measure successfully IS 10
to himself large amount oil fees lie says, by
passing this BILL you let loose the Cons'abes set OF
vuures, TO prey upon the people have no means o!
knowing the character of this class o! officers IN the
eealemans section of countfy:-to them his remarks
may be applicable. But cannot remain silent, aud
allow the characters OF such respectable part oi The
community (Which have the honor TO represent.) rs
these officers constitute, to be assaicd; but must throw
back the asperson, accompanied with the assertion OF
firm conviction my part, that the people wit pre-
fer being preyed upon by the Constabes, under the
provisions of this bill, TO being preyed upon by the
lawyers, under the existing law. Allowing the gen.
iiemans argument to pass tor all 1t IS worth, does II
appear that this bill embodes the which he says
will be brought upon the people: II, when IRON ma
biliy TO pay debt mans horse must be sold TO pay
the principal and, By this BILL you prevent the officer
c-op, ll;nrb for
which will be met with general welcome
The gentleman from Spo;tsylvana snys, the num-
Der of appeals will be greater from the many erfone
Gus judgments which will be given by magistrates
and urges this as objection 10 the passage of the bill
If he were correct in his premises some weight might
attach to his concusions But have been assured by
gentlemen, eminent for their legal atalnmenls that
the decisions OF the County Courts are less frequently
reversed, than those Of the Superior Courts. And u
the gentleman will allow the House 10 consider him rs
sample from which Judge of the ability Of single
Justices 10 give correct decisions, not word will
be necessary in opposition TO his argument, winch
will fall TO The ground under this admission For on
occason he does not hesitate for moment, 10 charge
snule-landed, the whole phaanx of the Bar IN this
House But, TO do this, wall be 10 do him injustice,
and l. therefore, allow him to be grca. exception.
Suppose the gentleman views arc correct, as 10 the
weakness which prevails among She magistrates, can
il be shown that a sounder judgment, and greater
power OF discrimination, are necessary to give cor
rect decision On pain oouui ustE twenty '''-
lars than would be required to investigate, and decade
upon the merits of on opgn account, with various
items, under tacniy dollars Certainly moi. Bot, u;
the gentleman fears should be realized with regard to
an increased number of appeals, under this bill, will
tina, be an evil Surely not, when the whole cost OF
obtaining udsmest under the existing law, Will he
greater than the cost of obtaining judgment on an
appeal case under the provisions Of the bill e1tfndmS
the Jurisdiction OF sin gle justices.
The people in my section of country. are perhaps
more heavily pressed than those Of any other part OF the
State Many of them farmers and are in the habit OF
paying their debts from the surplus their farms; but m
stead Of being able TO do this me they are under
the necessity of buying their bread; not having raised
during the previous year. not more than one th''d or
one fourth Of average crop. And though they are
thus suffering they have not asked at the hands OF TINS
Legislature any measure deprivng creditors OF tnrF
Just rights. They have not asked a. your hands Stay
Law mparng the obligation Of contracts, IN Ut
the Constitution j. therefore, feel bound 10 ask Tor
then in common with orr oppressed i'i!o" citizens
generally the passage Of this bill! "woh 10 10 man
wrong" VIII relieve them from am iunt OF cast.
ruinous in this time OF general distress In conclusion,
without intending TO attribute, even by tns'huaalon,
uawor,hy motives TO those highmuded members OF Inc
fror, honest convictions