Hillsdale Whig standard. (Hillsdale, Mich.) 1846-1851, 1850-04-16
THE COLLECTION OF DEBTS.

"ReS0ired, That the committee on the
jud ciary be instructed TO enquire into The
expediency of repealing all laws for The
collection of debts, and report by bill OF
otherwise. i" ~ sa lsaf ~
The undersigned, a minority Of the
committee on judiciary, to whom was refer
red the foregoing resolution, reports:
That in the examination of the subject
referred TO your committee by said resolu-
ton, he has endeavored 10 free his mind
as much as possible from the bias which
the practice Of his profession has produced
in favor of tie utility of laws enabling the
creditor to appropriate the property of the
debtor, against his will, to the satisfaction
of his debts, in all cases of failure, in the
voluntary payment lhereofand 10 carefully
investigate the subject, with view Of ar
irving at conclusions of q practical and
defensible character, vhelher they were
sustained by the usage, customs and parii.
alites of other times or not.
He is aware there is ever a strong dis
position in well regulated communities to
cling with pertihacty to tho established
customs of former times, and ofteniimes
even to the anliquated ideas of those who
have gone before; and that is such COM
munIues contemplated changes of radical
character meet with much violent opposi-
ton and are characterized as dangerous
innovations upon The wisdom and expert
ehce of The pas:-ihat laws of an oppres-
sive and nhuman character even, have Of
ten become so sanctifed by age, that the
most enlightened philanthropists have em.
braced them as the perfection Of human
wisdom; and those who have assaulted them
procured for time, as a reward, but an
unenviable notorieiy as eccentric charac-
ters, or as demagogues striking out new
path 10 fame.
In view ofthese facts, the undersigned
became convinced, that much the easiest,
and for the present moment, perhaps the
most acceptable manner in which the COM
miuee could discharge the du:y imposed
upon him by The subject embraced in said
resolution, would be TO report adversely TO
the whole subject of inquiry, assign some
OF The old time honored reasons, and thus
shield himself from the nnimadversions of
the dev ted adherents of the old system Of
enforcing by law the payment of all debts.
And could the undersigned have reconcil-
ed such a course with what a full and
careful investigation has convinced him is
the mos! just enlightened and beneficial
policy, il would have been more IN accor-
dance with his dislike for notoriely TO have
done So, than TO make the report which his
honest judgment has made necessary.
The minority of your committee regards
the repeating of all laws for the collection
of debt, including necessarily those con.
lracted under the existing laws, as unjust,
il not unconstitutional; and lhet the repeal
ing the laws for the collection of all debts
contracted after the passage of such law,
would be inexpedient at the present time
that if Il may ever become wise and
practicable to do so, it must become so by
gradual approximation thereto: if there
were no other reason TO be urged against
its propfiety and practicability, it would
in the opinion of your committee, be suf-
fcent to say that il would effect too great
a change in judiciary system iamlhari-
zed by the precedenis Of ages, as well as
produce too great revolution IN the sys-
tenn of doing very large proportion OF the
commercial aud financial business of the
country.
But he does regard it practical, expodi-
ent and beneficial to so modify the laws
for the collection Of debts as to take away
the right of enforcing by law the collection
of all debts contracted after a certain Pc
riod from the passage of the law,) for a
l. 81, I,ll af,I hf.
therefore recommends such modification.
The minority of your committee deems
il but just and proper that he should assign
some of the reasons which have induced
him TO arrive at such a conclusion, as well
rs answer some Of the arguments which
are usually advanced against the utility Of
such provision.
One arrangement urged against such
proposition is that il is both just and proper
that the creditor should possess the right
to have the property of the debtor mot ex-
empted from execution, by law, converted
to the satisfaction of aH his debts, in the
event of his falling voluntarily 10 pay the
same The soundness of this argument
depends upon the assumption that the ex-
cIClsc VI hHue Pii'HtBO h"S 'Sh"S'Sy w
promote the public good and advance the
true interests Of society, as well as the Pc
cuniary Interests of the creditor; for upon
the assumption, only, can be defended the
position that il is right 10 exempt any por-
lion Of the debtors property from forced
sale to make satisfaction Of his debts.
All of our exemption laws are based up
on the principle, that j; being humane, and
calculated to promote the public welfare,
that q certain proportion Of the debtors
property should be placed beyond the
reach Of tho creditor, it is therefore wise
and proper that provision should be made
bv law eiiecting that object
Upon the same principle, il the fact can
be established, that it would be more con
sistent with benevolence and more benef-
cial to the interest Of community TO make
the payment Of a certain class Of debts de-
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