Holly Springs gazette., 1844-03-02
OF COL r. S. GREER
orMARsHALL COUNTY,

CFMARsHALL COUNTY,
hda House OF Representatives, on ne mo-
uan Of Mr. Harris Of Copiah, to recon-
m.t The bill to repeal an act entitled an
Do. % abolish Imprisonment for Debt,
approved February 22nd, 1910.
Ma GREER SAID, that be hoped the
notion Of the gentleman from Coplah,
.Hirris) would not prevail tie did not
a.sh this bill 20 be recommitted 10 the Ju-
I.lry committee. lfthe provisions ofthe
hII we're 50 obnoxious TO the house, that It
mus. be killed of, let it be done by a direct
vote 50 that the country might see who
were opposed 70 the measure. Do not, said
Nr q suffer responsibility TO be avoided.
Fv rrsouing TO such an indirect proceeding
as recommitment, to prevent the passage OF
,he BILL Already has It been under the
consideration Of the committee on the Judlcl--
q-v They have reported the bill back to the
house, Without amendment. and recommen,
ird irs passage. Il is not to be supposed
tHal the opinions of that committee have un-
dsr1one any change; the probability IS,
ll8. they would report the bill back to the
house. in case il is recOmmitted, in the same
shape, IN which il now is Such beng the
else, be hoped that the action of the houFe
would bg speedy, final and decisive.
bill precisely similar to this, said MIR.
g.. had been introduced into the house, at
lle regular session, 10 AZ That bill had
received the Jealous support of his then col
league, Gen. Bradford, and his other col
leagues from the northern portion of the
state Il went upon the orders OF the day,
ani Notwithstanding the anxiety of a large
Ii rtIr
REGULAR place. IL slumbered under the opera
t2n of the rule requiring the action of four
iGhs ofthe house 10 consider bill out o.
I,s regular rotation. And when the end o
the session arrived, il was a pant the un
finished business Of the legislature
MR. GREER hoped that gentlemen would
MOI. be alarmed, by the caption of the bill
irom a due consideration of It's provisions
The act Of 1910. which is proposed to be re
pelIed, provides that mo person shall be i'm
Pusoned for debt, under any pretence, un
lfss upon issue submitted to a Jury, and
they declare there has been fraud on the
part oithe debtor, IN concealing his proper
ty" This act has been found 10 be imprac.
ucable: Il defeats the OBJECT of lis own enact.
msnt The defendant is 10 be imprisoned
according TO us provisions, if upon an issue
submitted to jury, &c. No mode of ma
h.ng the issue is prescribed If he refuse to
make an issue, that can be submitted to a
jury, the law is defeated in its operation
ms issue must be submitted to a Jury the
law Is defeated in its operation. This issue
must De submitted to a jury-how is that
Jury to De empannelled ? Before what iri-
ulnai-a Judge, or justice of the peace I?
a. What time must 1t be empannelled g.
~1tng The term ofthe court, or in vacation2
aaa al what place--Ihe court house, or at
'le house OF the defendant in the woods,
% nlhe hlghway2 Again, the defendant
.ss 10 De imprisoned unless found guilty
fraud. What speci es of fraud was inten
~sl' what acts were TO be considered as
euuAluung fraud Yet il was the evident
I'entlon Of the law. that fraudulent debtor
=, -0u'd oe compelled TO render Justice TO
-OSe who had suffered by his fraudulent
t'acllces In orderthat the intention ofthe
a~efs OIL the law may be carried out, to-
mat The fraudulent debtor be compell-
10 make restoration, it is proposed to re.
feSI the law Of 1910.
nal, said Mr.. Greer, will be the effect
va le tepealR The answer is-the revival
sue ac' Of SO. So then, the question now
'O.e me house is, which shall prevail, the
Oi 4O' or the act of'39. They are both
w. abolish Imprisonment for debt"
~ 'ae act Of 1910 is vague and indefi.
n 'S, ~. .ae act oflsS9 is specific, and admits
ps Dus one construction. Ii prevents the
- pe'fa'ion offrauds, and yet protects, to the
Zen possible extent, the liberty of the citi-
s,fi.e An examination OF its provisions, will
ss,,;c5t any one OF the correctness of this as
'0n' The act provides that no capias