The Leavenworth weekly times., 1878-07-11

EDITOR TIMEs My last article closed
with the statement that the dOckets OF all
the courts. from the highest 10 the lowest,
were crowded with suits for the collection
OF money.
TIL, money thus 10 be collected was Tor
debts contracted for goods bought in the
East, by merchants, for goods bought al
home from these merchants, and for wild
speculations, induced by the superaound-
ance Of papeT money. In almost all of the
the cases thus prosecuted, there was no de-
Tense and judgments necessarily followed
with an execution in ten days thereafter.
The United States MarshaIs, the county
sherifis and constables were thus armed
with the power to enforce the collection OF
these debts. Now commenced the fearful
folly OF having so much irredeemable
paper money. Tine property Of nine-tenths
OF those
UNFORTUNATE DEBTORS
was daily exposed TO public auction. In
numerous instances families were striped OF
everything that the law did not protect.
Many, very many, persons and families who
had been in afiluant circumstances, were
brought to suffering and want. This state
of things was not confined to a single or a
few localities. but general throughout the
State-constable sales were OF daily occur
ence. | remember to have seer two con-
stables, James Scott and Steven Purdy,
selling, or trying to sell, household goods
the same dav. at the same hour Of the day,
ON opposite sides of the street, not 10 exceed
fifty PAGES from each other. So fearfully
distressing were those times, that IN numer-
Gus instances, debtors would lock and bar
their doors to prevent the entrance OF an
officer. Property, when offered ior sale,
would bring
SCARCELY A TITHE
OF what was, under ordinary circumstan-
ces its actual value, il indeed, ii would sell
at ALL Ii any one was disposed to bid,
there was not more than one in fifty that
had any money; and if person could be
found having the wish TO bid and the mon
ey 10 pay, he was running risk TO do SO,
such was the feeling of desperation among
the people. Such was the fellow-feeling Of
one for another, that bidders, were in ma
VI bSlhS
handled.
In this state OF things, the legislature
again undertook 10 bring relief 10 the peo-
ple-and instead of retracing their steps
persued their course as before. First 4
sixty day stay law. Then the relief pro-
posed, and attempted 10 be carried out was
the
PASSAGE OF 4 LAW
creating another bank, STYLED the Common
uedith's BaRk of Kentucky. The paper Of
| this bank was virtually made legal tender
The main provisions Of the bill were, that
any creditor refusing TO endorse On the back
OF his execution that he would take the
paper Of the Commemorative bank for his
debt, should be compelled TO wait twelve
months for his money. The officer having
the execution in charge was authorized 10
allow the creditor TO replevy the debt Tor
one year, upon such refusal. This was the
origin Of what thereafter became house
hold word, ''the twelve months replevin
law" Hence the memorable case of
BRAsHIER AGAINST LAPsLEY,
or OF Lapsley against Brashier, do not re-
member which was plaintiff These how
ever were the parties 10 this memorable
suit. The plaintiff in this case refused to
indorse TO take Commonwealth bank paper,
for his debt, and consequently the debt was
replevined Tor twelve months. The plaintiff
demurred TO this proceeding, and by the
regular steps brought the case before the
supreme court of the state. The point
made 10y the plaintiff was, the unconstitu-
tiOnality OF the twelve month replevin law.
In this, the court
HAD No ALTERNATIVE,
but TO settle the constitutiOnality OF the
law. The court decided the twelve months
replevin law to I've unconstitutional upon
the ground, that when Kentucky was or
ganIzed into n seperate and independant
State, she by compact with Virginia, adopt
ell as constitutional all the general laws then
in force in Virginia. Among those general
laws, was 4 three months replevin law
Hence three months replevin law became
the constitutional law in Kentucky. Thus
the twelve months repleyin law became a
dead letter, and the commonwealth bank
paper, though having the faith of the
State pledged for lis redemption, was worth
in a very short time but 30 cents on the
dollar.
To remove the crushing force of the de-
cision of the supreme court upon the wild
legislature OF the State, the Legislature un-
dertoOk TO remove the Judges.