The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-02-11
VOL. KILN.
from the Lexington Gazctte.I
Sasc OF Sand under JadG
ter from United States Senator


Johnston.
Mcssrs. Editors.-Wishing to ascertain in
which Of The States land is sold by the She.
riff uner a f ia. addressed note to SEN
ator Johnston, a few days ago, requesting
him 10 make the necessary inquiry in person
of his brother senators. With great prompt
ness he returned me the following very sat
isiactory answer:
UNITED STATES SENATE CHAMBER,
WASHINGTON, January 81, 1876.
Mr. Bold,cin: My Dear Sir,--Real pro-
nerty can hc sold under fl. ia. in the iollo"-
ing States viz: ,-
Alablma, Arkansas, California. hansas,
Minnesota, New Jersey, Pennsylvanla, Fer-
mont. Michigan, Ncbraska, Rhode Island,
Connecticut. Florida, Indiana, kentucky,
Mississippi. North Carolina, Tennessee, Iili-
nois, New York, Nevada, Delaware, Georgia.
Iowa. MARYLAND, Missouri, Oregon, Texas,
South Caroline, Maine. Ohio, New Lamp
shire, and Wisconsin-33.
The States of Virginia and West Virginia
arc the only States in which proceeding in
cbsncerv il required to sell land under a
Indictment. In Massachusetts the creditor Is
r.niIircd 10 take the land Of the debtor at an
appraised value.
Yours, respectfully,
john w. JOHNSTON.
Upon no point Of Jurisprudence has tne
practical common sense of Amerlcs express
cd itself more cmpbatically and unanimously
after the experience Of century, I'LL over
The continent. Why shouldn't Virginia fol-
low suitf Why lag ngIoriously in the rear
even OF the back kwoodS States instead OF
ealng the van in enlightened practical leSis-
a,ior: The grand old Safe ought to be
foremost in everything. Why adhere TO her
auiuNntcd, cumbrous, snail.paced, and costly
proceedings 10 do what can be so much bet
Ter done by speedy, simple, direct, and
chyap process: Why not follow the safe
example of her sister States, abolish her Old
fpgy English chancery proceedings to en-
force judgments, and authorize her SherillS
to sell land TO satisfy judgments, order
suitable conditions and restrictions, care
nIlly Guarding the rights ana the
interests OF both debtor aud creditor. 1t
has not been done simply because the law.
vcrs, who control her legislation, and who
are running nearly all the land in the State
through the courts and their own adnesifc
bands as commissioners, are interested ln
maintaining the present system, "hereoy
they have large portion oil thelr gains.
Men naturally gravitatc toward their per-
sonal interests, aBd there is good deal OF
human nature even in lawyers, ana IN the
clergy, too. \ petition ia accordance win
these views was prepared in RockoriaSe lby
this writer) aud presented TO hosh oranches
of the Legislature last winter. IL was re-
fcrrcd to the Committee for Courts CT Justlce,
the chairman and leading members OF "nlch
were lawyers, and promptly rejected! AND
every similar petition will be assaSslnated
in the same remorselesS manner untli the
land d.owncrs of Virginia demand this reform
of their representatives, and SEND men 10
Richmond who will carry it out. The law
ycrs viii never do it until forced by the ire
sistible pressure of public sentiment. hope
our granger representative, Mr. Leecb, VIII
withdraw that petition from the files OF the
House and present it again, accompanied
with bill embedying its suggestions, re-
ducing the enormous commissions now
allowed, particularly on large sales, and
providing for the ratable distribution OF
the land fund among all the Judgment
creditors, when it will not pay them all in
full The Sale-mOncy Of personal property,
too, where the debtor is insolvent, should be
divided ratabIy among all the II. Jas. that
reach the officers hands at any time before
the levy or sale. The priority now given 70
the first Judgment and the first execution Is
unequal and unjust. 1t produces litigation,
and the ruin of thousands in the selfish et-
forts OF creditors to secure their claims. The
Iaw of that race is, every man for himslf,
and the devil take the hiudmoSt."
If Mr.. Lcech can effect these great reforms
aud correct this monstrous injustice in our
laws, he will at once take rank among tne
foremost legislators Rockbridge ever sent to
Richmond, and deserve to be hailed as pub
| lie bcnclactor.
| If nothing better can be done, give US the
| Massachusetts law requiring the creditor who
| is harassing his debtor to give him fair
price for his land. Tbs would save thou
sands Of Virginia farmers from utter ruin,
and work no loss to the creditor. 1t would
only make for him safe investment Of his
funds in the soil Of Virginia. Surely Vir-
gnians ought to have as much justice and
generosity as our Yankee brethren of Massa-
chuSctts. 4. Z. BALDWIN.