Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1843-04-20

lnrs ID The county court. without impsnnelIinK
; jury or suumonihg witness. the defendant
discharges the debt b. paying seventy sbrts DOL
lan and forty-aix cenis, instead of $50, sxclu-
siFe Of interest
Now, Dir. Speaker. II this bill Sc passed. he
recovery ead collection Of 4 debt Of fftg dol
lars in the same time ssby virtue Of salt In
he county court, will probably not exceed
three dollars. certainly npt Eve dellars 10 costs,
unless there Be CONTROVERSY - 10 the jastice Of
lie debt, when, as iE asuit in the county court.
lac costs would BE more Than have estimated.
appeal, then. 10 the sense Of justice 10 this |
Hogse-to IFS representative oblieatidns, and
IFS Pziriotikm-~aBd appeal especially 10 the
iloeraiiiy and Inagnanimfy Of my professional ]
associates, sent hither By 6dsp constituents,
70 represent the and theis inlsresis 10 come bold
y and eheerfully 10 the rescue. aud participate
IA The honor Or passing this inPcrtant msas-E
iare Of rtlisfa and Of justice.
\ AIter Mr.. GAtLaHEn haJ rerliedto Mr.cnrTrH-
EELD his technical and general objections % the
bill, (which rrply vas notprillen outl-
MIR HorKIas said the bin had been ptinrlpaliy
attacked upon The ground that Il vas GsHGp1t0n
upon the long established usage anil Law Of ygihia
Nov, Nc. Speaker, this hha siusys been the ssreo-
txped objection 10 every great sud good measure,
which, 10 al sgts oshe verdi and 10 every civilized
eonhlry has been introduced for the ametOrston Of
de condition Of man. When The eelebrssed. nag
ma rhssfas WA proclaimed ID Englpnd, i was de-
nouneed fnnorafioF When Ihornas Payne
wrote his nurbers d. :. ComHsB Sshse," BE met
with The cry n i1asrafi0a- Mhea lhe Declaration
OF undergraduates a0nonnoed, wss Tfifetl IS an
act C startling fhHouatisH. The Revolutionary
sSr itself Vas solemniy denoueeed hy the tories Of
that dry, iaHocGfi0n and rebellion. When the
L-ts r-,sssk 49, t 80 pss-s~p-..i,asa SD %
tail vss passed ~ the Virgins IesisaJufrit too
was met with the same charge Of fSHst9fies. And,
finally. Without multiplying other exampErs, when
the bill OF Religious Freedom vas eBaeted, ahe same
cry Of faHsuaf0a heard 10 plaltis notes. Ihro-
out the country. Sir, would gentleintn have Ne 10
STAN the eurreat Of Improvement, instead of honiing
along upon The onward streams OF truth Hnd free
dom If 30, Kings, Empetorsl and DeSpols may re-
vel IN their illgeten power, aad man REMAIN for.
ever The victim of ignorsnee soFupIicn oppre
and tyranny. Yes MIR. Speaker, this bill 'does pro-
n0se.an ianouatioH in Judicial syItemI and 20
for Il ssch. because il j. designed 10 6eHeff The
multitne, BY bringing Justice 10 every nhfss' DIOR
ts1viihsat asneg and 1iiLeaf price The yenteinan
from Spotlsy s4nia, Mr.. CrutehGeid, not satisfied
With the arg Hnknt OF innovation, urged a. another
Objection To the bill. that t,lid not from the
Committee Of Cpuris Of Justice. Nov, Mi. STesk-
er, the friends Of ibis measure mus have been guilty
OF the egregious folly, ifthey had consented 10
send this suhjert to the Committee for Courts Of
Justice. That Committee gu know Sic, Is COM
posed entirely cflANyers, and they neat, unsn-
imous IN this House against the neAsHre-It would
"
matters not from what Csfnmitiee the billi came
The only question IS shall the jurisdiction of single
Justices he extended IN eases 81 written esienees Of
debt. 70 fifty dollars Orr to change The form Of lie
question: shall The cost of recovering and collecting
dek Of Gfty dollars be reduced from frgetltv tlree
% three dollars. or not The bill is sulhSieniiy
guarded snd sklftilly draw 10 be p3t in
mean tie substitute pfdpnsed and offered by the
gentleman from JeffeTsoR, < Mr.. Gailshsr Il has
some tr1uiaE. perhaps very few iHberfanrdefects;
but il is not now Gnieadabk and we must therefore
choose 10 take il il is orrejeet Il altogether For
one. eannot hesitate between these alternatives
shall vote for ir most eheetfulyb eeaase lille il
viii doubtless affect ijuriously my prefessionafi,-
ftresf, YET itproduces general good ~ which my
eofsasafs are flferesfed and should be irt ereant
10 the sacred trust with which they have hopbred me-
whenever have asked Ill ii could lose SIGHT az nv
representative obligations 10 them, in lhs iEnoLIe
promplings Of j.l,rgers gaiii.
MIR. Speaker--ls this time, when the seyerest
pecuaiary embarrassment and distress pfttail over
the e0untry--when money is scsrre--inds4derlness
grest-priees redueed, and productions dinlinished
when confidence bets een creditor. and debtor is
destroyed W bankrupt Laws and hneGtelied Stay
Laws when liiigationis multiply ing andlhe means
ot paying bepsming less std less Rcee ssible and
.tsinahle-when additional iaxstion is ne eessary TO
uphold the tsilh sud homer cf the Stste-is this.
say, Mr. Speaker time for US 10 hesitate ic grant
ing every Fedfsnd substantial relief 10 tire OF
the Government, 10 a generous, but suffering men
every srfsh temptation. in the Ecndfnbrnae 81 The
public g!sftess, aud with he view of prombsiAg the
PRbGc good. Hence have endesyOred, III ali the !
Iueapsln my power, % hasteR the close The sre-
sent session Of the General Assembly and thereby.
10 cutoff portion ofthe public expendiure--
introduced resolution q diminish the fly Of al
officers and ageris Of The 6overnmeut trventv Der
ceRt, which would have saved some thirty cr forty
Thousand dpars--henee, advocated the prSpriety |
OF aborshiag forthcoming bonds and suI.siiiuting |
al dl.l fe.
having the force Of Judgments. and providing for
collections upon them II the least nassiEle costs
which according 10 the calculation OF she gentleman
from Prince William, { Mr.. Brawner. made upon
snheatic dsta, would have saved upon the number /
of judgments and DEGREES renderrd-last yesr more
Than four hundred thousanl dollars - add hence t
shall vote for this bill; which 10 every sid upon
bond oifhity dollars carried TO the extent Of law
viii save % the Unfortunate and distressed debtor
about fltetlfg dgiuis II cusis-a sum, whieh IN a III
majority ef ins,sncesnay, IN almost every instance
Il single suit, will be more than sufficient ID pay
MS taxes. ibid not vote fora STAY Law, Mr. Speak
r, for reasons which was fully prepared and snx-
Gus to express, but which was prevents dlrom do
ing, a. well others by call for the previous
question. The gentleman from Rehmurd, MIR |
Daniel has attacked this bill because as lie say s.
il is psrt and parcel Of Ihe Stay Law sehs me- and
aims an insislious blow At the oblsaiiOns Of con-
raets-thst, At least, II fmftErs the obligations Of
contracts, because provides that 40 execution shall
u
within four months from the date Of the Judgment [
without requiring any security. hut Sir, Tile gen
eman is mistaken IN his views Of The bill Ii was
designed, net TO expedite the collection pT small
lebts any suoner. or procrssinsle il any longer,
han under the county court ssstem. AsIo security Il
he gentlemen need spPrshend any danger or in
convenience upo that score-fof the bill EXPIRE ssly
'rovdes, that IL any stage Of the proceedings from
he warrant 10 the pay ment az the debt under execu-
ion, whenever the plaintiff kas just cause ID suspect
rs Il bio. Intends TO remove away. he NAV fnon sf-
davf 10 Magistrate require bail; aad bail is the
My security 10 which the plaintiff, is en'illedin Tie Id
oupiy court, except when Forthcoming bond is Ia
en- True, The Judgment and execution 10 The
ounty court constitutes lien the property Of the
ebtqr. and 80 il does in the bill before as. The
xecpton cannot issue for four months, 50 ssto be-
'me hen on personal property, ia the county T
5lrt, until Judgment which, 10 .nineteenf out Of a
senty eases, not within four months roy Tie in
iIulion Of tile suit. and in an.jority ofeases far
ayond N-so thss, in al thesespsrteulags tie pro.
ased change af the Judicial administration compares
oAt advantsEeonsly with tie existing 4, stem, sud
ats 10 fight The criticism aud objections ofgentie-
20. AZ
Mr.. Speaker. lforbear 10 enter more into detail.
, 10 enlarge INV views and arguments in=fAvor Of B
rs bill, Time Is precious. and ] must close ray .
.marks withthe expression aof my thanks 70 the
onae Tor ils attention. r IL
The vote ca The passage Of he bin. in the Ia
louise, was SIS TO a..
The bin vas laid on the table in the Senate- Z
yes l5,noes s.
AN ACT Q
49, rsaza - -. T.