The Nevada Democrat., 1856-12-03
m,a A...olmsnt Ln,x.


The question as to whether our present system
regulating the process Of attachment in civil
actions, is sustained by good policy, Is becom-
ing one Of greatpublic interest, and viii, doubt
less be brought to the attention of the next Le-
gislature. That at an earlier period in California
there existed reasons for summary and eftec-
tive mode of procedure against the property Of
a creditor, is obvious. The reasons for the law,
have however, much abated. Society has as
sumed more permanent character-and we
take 1t to be equally clear, therefore, that the
present enactment should be essentially altered
or modified The argument which in an en-
lightened and liberal age, prevailed in bringing
about the abolishment of imprisonment in case
of debt, perhaps applies with as much force to
the action and proceeding against property. 1t
is true that in that against the person, there was
something more abhorrent to our senses in de-
priving man of his liberty, at the pleasure of
his creditor-when it might be impossible for
the debtor to pay--but no argument addressed
itself to the understandings Of men with greater
power than that, by imprisoning man, he was
deprived of every possible means whereby to
meet his liabilities Men of business as well as
professional men, are beginning to realize in
the practical working of our attachment law as
it now exists the same Objectionable feature,
and agree generally, that it is not only in many
cases an engine of oppression, but also as I'M
wise and impolitic in its operarations upon the
interests of society.
Take a case which has been repeated a hun
dred times within the knowledge of most of us.
A merchant or trader in the mountains, al
though he may have conducted business for
long period with the utmost propriety, is sub
ject at any moment, at the caprice of any one
of his creditors to be broken up, and the fruits
of years of toll stripped from him. Perhaps the
season is a bad one for business. Some one of
his creditors becomes alarmed-at least, he
knows that the first to bring suit and attach the
property is safe for his claim. 1t thus operates
as bribe to every creditor, to be most prompt
in taking advantage oft. Besides, the moment
one attachment has been levied, it becomes
known to the other creditors, and then commen-
in order in securing themselves. The property
of debtor perfectly solvent in his circumstan-
ces in this way, is daily having his property
seized upon, his business closed, his stock
thrown into the market and sacrificed, under
the temptations which our laws offer to the ra-
pacity of his creditors. 1t is all wrong.
With many, however, the objection will arise
that if you strike down this process, it will ne
cessarily affect the facilities of credit. But who
credits another, in the general course of trade
upon the bare possibility of his being able to
make his money by attaching, unless he be of
that mercantile class of gamblers, as they may
be called, who sell at enormous profits and keep
a spy in every town and village, provided with
his principals account, ready with or without
cause, to clutch upon every occasion, the best
chance to secure his debt. Nor is this ALL
These agents more often select the time for
their operations when stock of goods are just
delivered or being delivered, being the credit
of some merchant below, other than his princi-
pal-and in many cases, the Sheriff is called
upon to seize upon property as 1t is delivered
from the wagons. How often our telegraphs
are employed in conveying information of the
approach of these rich transports, destined to
fall into the hands of a sort of mercantile pi-
rate, we have our own suspicious. We there
fore deny that the law is beneficial to the fair,
honest merchant, and fully believe that it is cal
culated to defeat their best interests, and that
ii has done much to demoralize the ethics of the
whole mercantile community Laws, made to
gulate and promote the relations of men in
society in their commerce with each other,
have ever been fruitful of mschievous results,
and always will be. We deny that our form Of
government was intended for any such purpose
The less legislation we have upon these inter
commercial affairs, the better it is for the COM
mon welfare. Let the trade and traffic of men
rest alone upon the social laws, upon the con
fidence of men with each other, upon mutual in.
terest and the economy which pertains to it
and then it has more solid basis than can bt
supplied by the artificial restrictions devised by
legislators.
We do not propose entirely to abolish th
process. we take II that the reasoning which
enforces and sustains arrest is applicable t
that of attachment. We would make their pro
ceedings alike, whether against the person o.
property. 1t should cover the case of fraut
done or intended, or of q debtor having or in
tending to abscond. Right reason will approve
the law so far, beyond this, its operation il
manifestly and egregiously disuseful.
REMOVAL OF THE Posr OFFIcE.-The Post OF
flee Of our city has been removed from Pine st