Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-03-20
SUBSTANCE OF THE REMARKS
MR.. DANIEL. Of Richmond.

mh. DANlEsfs, ~ h'e""""'
Ueo. "a, BM 70 srtsnd the Jsrisdiefon Of Justices
Mf DANIEL. 81 r.. said. that Il this bill what
title imports. bill expedite and the collection
u debts he might be induced overlook the objections,
which existed with HIM, trusting such extensive Judicial
power the best fitted exercise IT, and who
would be held 10 the dlcn discharge OF H. merely by e
Inducements which affect the unpaid magstpey OF this
State. Bu, the the bill ~ ITO extend the Jursdo
Of single Justices" II would lead 70 the belief that
thi. but amendment and extension OF that ancient
system Of remedy which provides for the summary colec
OF debts. but the bare reading 1T the bill would s'g
res as more appropriate title. "a Bill 10 impede the
collection Of debfs aud impair The Just rights Of ered
tors lie looked upon as the last and, to his the
offensive progeny Of the SAy-law movcmentvf that
disposition which the fruit OF the present moan
choy state Of the tines relax the obligation OF contracts,
and 10 obsruet their enforcement The Bill, by it's provi
sions, shuts up, all debts Of $50 and under,
due by bond, note, the Superior Courts-shuts the
creditor out Of the County Cour-hrows him upon the
single Justice only for his remcdy-aows him 10 sue by
warrant but when he has his udgment-ater all the
delay and uncertainties peculiar that jurisdiction, his suit
Is Just commenced cor the debtor is at liberty rthouf
grihg dv security, TO have the case dockeed as an o.
bee judgment the quarterly Court for the county,
and the whole be tried before Court
and Jury-o il the debtor does choose, these easy
terms proactthc controversy after the Judgment which
should have ended it, he content himself with openly
removing his property beyond the reach OF the executions;
Tor the bill expressly provides, that the creditor after get
ting his Judgment, before the Justice, shall not hare
fOh for four moafhs-and this will in all cases,
whether be desired by the debtor
curly 10 be girsn, IN the meantime for the payment Of the
Judgment.
Thus appears that, il the debtor pcnscs, the end OF
suit will be only Its commencement the suit trial and Judg
before the magistrate, the only Court
and jury The debtor who has been fixed with the debt
may throw the creditor into Court, his will and
pleasure. through the insulting and hollow mockery
ut etying what has been already decided, and without
giving the creditor security whatever he after
the judgment before the Justice off his property
face OF his CREDITOR for the period of four months
thereafter during which execution could issue security
be required Something indeed is said about bail being
required upon the warrant or after Judgment, If affidavit
be made that the debtor about depart but this does
not affect his property, which he secrcte alien ut
peasure there any mode devised for perectng BAIL
for not said who direct take it-what be the
form OF taking IT, how the obligation be enforced.
No form of ecognizance is prescnbed-neiher the magis-
constable would be able institute proper prac-
uce IN this matter, even authority vested in them
Tor that purpose.
He maintained that this law would be only unjust and
immoral, but unconstitutional No doubts the right of
the Legislature alter abolish remedies incident
existing where the fair aud bona de aim OF the
Legislature Is confined 10 perecng the remedy sub
shutting better; but where the avowed object obstruct
the emedyto impede ts eXercise-to nterpose obstacles
TO the enforcement of the render inse-
cure, and impair its value he had the highest authority
for saying that such legislation against the Constitution
He referred the decision OF the Supreme Court OF
the United States the Illinois Stay Laws These Laws
indeed far less Objectionable than the present for they
provided security for the creditor during the stay of
uon which this docs not but the Court looked through the
outward form OF the measure, and illegal and
injurious intention, and pronounced against it.
Upon the of expediency and humanity, he did not
cent both for debtor and creditor would be let both
alone. The agitation of relief here had occasroned
general OF insecurity and great deal Of litigation,
which otherwise had beel avoided. He had this from
he could rely Besides he protested against
this sided humany-this excessive and indcrimi-
indulgence debtors oppressed and injured
class whether poor and innocent fraudulent and able
pay. lie thought he was justified in saying, after ample
opportunity of observation that in times
ditOr who sued for his debt IN great
need the debtor who owed it. A suit is the last Of
the creditor deferred both from interest and humanity
long his pressing will allow and nothing
tcmpts rgor half much Is the sense of injury he
conceves at these attempts supply his debtor means
OF fraudulent evasion and 10 tempt and him
in adopting these MEANS
The friends Of the bill complain that this measure has
been harshly treated by its opponents. Never
plant more misplaced. They had brought tine measure
forward in several shapes and had been committed at
their instance for amendments when he had pointed
out it, insurmounabe defects They could expect him
10 % farther for he had told them in each instance, that
theS could never make it acceptable him. They had
been allowed in this way progressively perfect it, and he
for one had reserved his objection the principles Of the
bill until new, when they had friends enough pass
and were willing 10 stake its fate it, FINAL passage.
He would ask what right have thus shut the doors
OF Courts in the face Of the pcopc-havc they asked
do they expect III What night have impede and
impair the right OF trial by jury To make the night Of
suing absolutely vauet the instances contemplated by
the billiard thus impair between citizen
and citizen and encourage and foster that growing axty
morals IN regard To the paying OF debts public and private
which is the Of the times in which live.
As the idea, that diminish the OF tgatonis tie
object of this bill, 1t is too futile engage moments
tice. Ii you desire diminish these costs bring in bill
for the purpose. How it diminish expose the
parties suit of costs, before the Mags
irate, the other before the Court
The least objection the measure that it is unineri
bic. How the judgment rendered upon appearance
before the Magistrate be docketed office judgment
which means judgment Without appearance. But
he had risen less argue the BILL than protest against
passage.