Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-02-07
From the Ohio Statesman
The Law Of Securfty---Thc Rights OF
Women.


Mn. EDITuR - was much pleased with No one of
your . New Constitution" If il holds out even un-
to the end. 1t commenced. it win be not only
OF the abest but the most useful publication, ever
commenced in the West. Correspondents are invited
10 us columns To the discussion Of principles sought
TO be engrafied m the new constitution This inv-
iatlon have avai!cd myself nf, and have chosen
the theme of my first communication, and perhaps
my last, the 81 law Of security,n aud as connected
therewith, 'sthe rights of women >" II is subject
upon which have bestowed some thnughi--the
cusons are those TO which have homes ly arrived.
but whether it be which will caicl, the popular
breeze, or from its startling innovation will be
Corded more " coz DiQboli' than :, Uor Dsi,--Ihe
voice OF Devil, rather than that of a God-remans
to be seen. From its commencement to the present
tlme-irOm the Alpha of its existence to what hope
will soon be Its Omega, the law of security wrong
wrong In theory and unjust IN Practice. The cas-
steal world looks back to the days of the tvran Do
nysius, and holds his in horror because he held
the person of Pythias in bondage security for the
appearance of his friend Damon-Pythias agreeing
to subject himself TO the death penalty in Damon
overstaid bis time, failed To appear. They who
so execrae the Syrasusean tyran for this act do moi
remember, or else remember but to forget. that
have laws, not sanguiDary is true, which
ny out the same unjust principle. These laws are
the laws of securiiy--laws which make one man La
bic for the debts Of another.
John wishes TO purchase horse but has not the
means, or wishes his money for other
purpose. Thomas has horse which he has no fur
Their for. aud is willing TO sell at an enhanced
price, but exacts security. John goes his neigh
Dor, Peter good easy soul, who is reported well to
1--we, and gets him TO ndorse note payable at 60
90 days for 10 dollars. This he gives for the horse.
BY the time pay day comes round, and John having
no property, the horse being dead disposed of is
unable to pay. Suit is commenced. and Peter, who
never received one cent of benefit from the transact
iion-who never even borrowed the horse for Sum
day jauni. has Judgment entered against him, and
his property is taken and sold 10 pay the debt and
the costs, and his family suffers And this is law,
but is it justice
Again: The law imposes taxes, and The law pro-
vides that these shall be collected by county
treasurer, who before entering upon the duties of his
Office, shall give bond with good and sufficient sure
ties. i, elected the responsible office. and and
are his friends and go his security The State holds
the treasurer responsible for tie money until it is paid
into the State Treasury. is unfortunate disOn-
est-the money Is stolen, it is squandered, and A,
in either case, is unable 10 replace ii. and
reSponsi Bile. Their farms their workshops-their
homestead is taken from them and sold by the sher-
f and their families turned houseess and homeless
upon The world. monument of the justice (saye the
mark y of the law.
And still again: d is arrested for crime, aud held
to bail for his appearance at court. and believe
him innocent, aud sign the bond, binding themselves
in the sum of 81 COO fer The appearance of D at the
proper time to take his trial. ID knowing that he
will be convicted, leaves the country. and his name
being called by the crier and being given,
the court declares the bond forfeited, and and
sued upon 1t. Their personal property is first ex-
hausied then the homestead follows, and by the lime
the costs added The 81 900 become s 500, and
the sureiles OF stripped Of every thing, save
the pitiance the law allows them. Their families
compelled leave The home of their you,Ii--the
wife leaves the happy home longer hers, where
her children born, to again age wrestle with
the world and in poverty to elise her days, because
the law made the property of herself aud husband
answerabe for the escape of scoundre.
But what substitute do you propose asks, with an
air OF triumph, one who opposes this innovation.
This question Is stumbling block, for he who
would propose to pull down system long engrafted
into our laws, without being prepared to q bet
ter in its stead, is no reformer
In the first cited, the who disposes of his
property should look alone TO the purchaser for pay,
for better, far better is it, that he who disposes of
property that he does need, disposes of it at
an enhanced price, should the risk than that that
risk should be incurred by third person, who neither
bought nor sold acquired any legal right the
property. But then argues the doubier, the surety
became Of his own free will Admitting this to
be true-(and by The bye, is half the time,
for men generally go security with reuctance)-yet
the position is not assaled for there are other pa
ties to the contract, who had no part in making it.
The wife of the sureyshe who has toilcd and saved
and pinched, that something might be laid up for
rainy day--he children of the surety, who sees the
little that their mother has aided in saving, that they
might be clothed and educaed-these become parties
to the contract and they is, nine times out of ten
who are the sufferers.
In the case we have cited of the officer proving a
defauller, (and it uncommon case,) the argu-
ment Is still more strong. The State requires the
officer 10 collect the taxes but the State provides no
safe in which to keep the funds. In case of a rob-
berry, the fault is IN the omission of the law. When
4 81 4
IT, the State and the people OF the country should
bear it, because falling on the many, it would be but
feathers weight in comparison to the ruin it would
too often cause, il fall the securities. The
people elected the officer and they should go security
for his conduct, and the STATE should bear its proper
tiUn of the taxes, because the Legislature failed TO
pass law 10 guard against the evil. Making the
using loaning of the public money by State or
county officer felony, and punish 1t by Imprisonment
in your penieniiary at hard labor, and the refusal
neglect 10 pay over the money at the proper time,
evidence prir1a facie of guilt and the race of de-
faulters would run out If the people, in their ag-
gregate capacity. were made to foot the BILL they
would select better officers, and if defa lcation
made felony by law. officers would neither dare
use the money entrusted to them for specdi4 por
for other purposes.
! In The third named, thai Of requiring surety
for the appearance of a man charged with crime to
answer therefor, there is Of difficulty, and the
remedy harder to ind While this is freely admit
ted, it is claimed with equal TRUTH that the objection
TO the continuance of the law is stronger than in
either of the other cited. The wealthy rogue
can buy exemption from justice FOR any crime save
that of murder. He may rob, by force, virtue of its
innocence-pistol in hand he may bid the traveller
the highway stop, with the demand. your money or
your life, and when arrested he is held to bail. If hc
fears conviction, he may deposit the and 90
forth again to prey upon The world, and commit new
crimes. The poor man charged with crime, which
has 20 be decided by the court matter if the offence
be simple assault and battery, committed in knock