The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1857-11-18
Fer the Register.
Attachment Laws

Attachment Laws;
THEIR EFFEcTs ON COMMERCIAL CREDIT
AND INDUSTRIAL ENTERPRisE
FRIRND CoBB Equally absurd is the
theory Of aboli,hine ali laws for the col.
lection Of debts; and the statutes au
ihofising summary attachments Of prop.
erty for unliquidated claims The for
mer would operate as an abolition of
credit while the latter comcs to the
same result. in snnibilatiug its salty
and utility Under n. ither system.
could mercantile confidence, in its en-
larged and necessary scope survive. 1t
is immaterial, whether, the mean sus.
picion of fraud, which counts every man
as rogue, be The author. or the fruit,
OF the attachment laws 1t is sufficient
that these laws are generally associated
in their office and operations with mer
camille distrust or mean avarice. He
was q sound moralist who said = It is
better sometimes to be deceived, than
never to trust" l."
Laws authorisipe attachments before
Judgments obtained unless in cases.
where facts are brought home to the
mind of tho court, Drortng intention Of
fraud are neither just in themselves,
nor sound in policy it we're safe, to
treat every man as a rogue, it may not
be useful, asa general thing to do SO.
1t is unjust, before the law has deter.
mined the fac. Of Indebtedness, to allow
mere claimant to Jay violent hands on
the property Of the alleged debtor, to
sacrifice it, by forced sales, or divert it
from its use in promoting the profits Of
its owner. Snppo.e the claimant fails
in establishing his case, the attachment
laws shield him from responsibility
where through wantonness. he may have
effected the ruin Of Ills n-ighbor. If. in
any case. the Law permits . violent in.
terfsranto with the property Of the sup.
posed debtor; the cie iitor should be
compelled 10 take the risk Of his acts Ly
! giving such security, as will indemnify
the alleged del tnrs in case no indebted
nes. is found TO exit.
But ray the friends of legal violence
the debtor will make away with his ef
frcts and defraud his creditors if left
to do as he plrases with his property
between the service of the summons a, d
the Judgment. VOL, snppos ng be is
left III crn'rol Of his propr y; in nine
ca>es out often. as the trustee for MI has
cr'ditors he would make b ter ,siice
to all. than can be obtnined urd.r sum.
mary attachments Under these last. in
nineteen cases ont of twenty. the proper.
~ entrusted to the debtor for the use Of
his business bv other. and probably
more liberal creditors. is seized by the
meaDest If the lot; and meanness, by
its success, becomes respectable 10 the
eyes of community.
But, aside from the inherent injustice
Of summary attachment laws. in presun,.
ing every thing in favor Of the attaching
creditor, aud against the dsb'or--these
laws have a practical influence on credit
and enterprise, that should not escape
the attention Of political economists.
Commercial confidence in its enlarged
and liberal influence, has no sympathy
with these laws. nor can it afford the
full measure of its beneficial Office, where
these laws exist For they often invite
the local shy lock to prey upon the goods
purchased on credit in distant cities.
While, trade. manufactures and com.
merce, are the giant agencies, which de.
velop the resources RI q state, which. un.
lock the treasures hid in it's mountains,
aud locates along it's rivers aud streams
the Thousand busy mills, and turns 10
gold tho timber of it's virgin forests and
the products Of its soil, creating goods
for the domestic necessities, and for ex
port, to command the wealth of distant
nations; Q system Of laws tending to di
minish or sDnihilate mercantile conf
dance or creating artificial jeopsrdies to
the city merchant who extends it; is
suicidal to the state adopting or perpetu.
atipgsuch policy,
l will hot Pretend to state fact but
suggest the enquiry-ss to how much
tho Bankruptcies of money Of the infant
manufacturing establishments Of Yer
mont have been aggravated and multi
Piled by summary attachments. And
will suggest further enquiry as to how
many capitalists have hesitaied, aud q
nally refused invest ments to mi tiatc OF
carry forward eu erpri,es useful to tbs
state, through fear Of being suddenly
awakened p rhaps at one o'clock on M'n
day morning. BY the Sheriff, with hi'
pockets e led with alta aehm.nts sued oui
by ONE .imp!eton or knave who would
get To be The frat, to ruin . geuerou'
hearted publ~tbenrfsctor
The census of 1850 shows that las,
655 persons born in Vermont, nov 6nC
homes in other states Of the Union
These with their children and descend
au,s, would proba'y equsl The preseu
population Of Vermont. II furtbers np
pears that 52,599 Of these emigrani
from Vermont, were then (is50) loeate'
in the state Of New York. l, may vel
be ms,'er Of enquiry whether .bs wan
found 10 Vermoat Of mercantile sonf
dcnce or Of that generous good faith b
| tuaan man and men Hhiah fostarl sptsl