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VOL I.
PHIKTE© WEEKLt,
M-DON SELL.
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*sy. t Y - v ’ * v - *’ ‘ . m •*.*
(BY REQUEST.)
Rise, Progress, and Poiiey, of Alle
viating Laws*
—ijsSfe:
1 “ 1 ’, Gm 9,
D*. G,
Nothing so strongly marks the
retrograding of the people of this
state in legislation as the spirit of
innovation and change, and the con
stant endeavor to introduce new, 1
and extraordinary experiments into ‘
their system of jurisprudence. But
few of their fibvel systems h ive even
the plausibility of the theory upon
yyhich they can rest. Upon a view
then, 4 good .judge would really
think, that the mind had been tor
tured to produce any thing so ab
surd. One thing at least is certain,
that in legislating they have forsa
ken all those principles niid dogmas
which philosophers have been at so
much pains to prove to be the foun
dation of good policy in a Repubkc.
Montesque, Priestly and others were
of opinion that virtue and public
spirit are essentially, necessary to
support this form ‘of govemteient*-a.
The legislature of this state seem to
be trying an experiment to prove
thisxloctrine false.l have been led
into this conclusion by considera
tions upon the policy , Tor several
years back, adopted by them* of
*f Alleviating the Condition of Debt
ors s ” or in other words, of totally
suspending the legal means Os ob
taining what is justly due from one
citizen to another, upon any account
whatever. You no doubt recollect
that in the year 1807,.up0n the a
doption of an unexpected govern
mental measure, many believed that
a sudden decrease of the price of
all products for iiiarket would ensue, , }
which in its consequences would be
extensively injurious* AthO* this
decrease was far short of tne pro
phecies of many who pretended to
be leaders in politics, yet itatforded
a theme for conversation amoAg the
wise, and their great heads Were ini*
mediately employed iA devising
means of affording relief to Ue peo
ple. Most unfortunately a judge of
this state, fat preseAt a S—in
C— who was always remark
able for the wariAth of his charac
ter, without any thing like deliberate,
reflection, adopted the idea, tbab#kh?
out immediate legislative relief, half
of the state would be beggared. Xhe
conduct, of the legislature since that
period, has proved to this character,
who is really a good man, that he
Only bridled a hobby for demagogues.
His hasty opinion induced him§<C
suspend the proceedings of. a court,
and address the Executive upon the
subject. The Executive Depart*
merit was then filled by a man whose«
elevation had bepn produced by a
combination ot tavorable circum
stances. He received the judge’s
communication with even more s erh
oysrtesi than it had been made. The
legislature was Convened, and a mes
sage sent by whfch*the matter was
seriously recommended to its consi
deration. The legislature still more
seriously took the* matter up, and the
result of their deliberations was, to
tally to
ings between plaintiff and defendant
with very few exceptions. The
measure astonished all parties. The
honest were incredulous, and even
the kpave equired if it could be pos*
sible ? Thus commenced that sys
tem of ‘ Alleviation* in this state
which has rendered her atLobject of
ridicule to ail her sisters. The wise,
and considerate, have declaimed a*
gainst it from its adoption. Its e
viU, jts consequences,
have been exposed by the
norable character* conduct
it was originated. ttt will you be
lieve it: It still maintains its popula
rHy.aud nuw ip full operation.
* once heard you express some-
IbHtg like a fovor#ljto opinion of this
iagnttiet wiUi Am
ATHMS , THURSpAT, MARCH 31, 181*.
curiofitr VyAWh you have so of*
tert laughed at me, has led me t(V
make sbme reflections upon its ef
fects upon the state of society, and
others have resulted in a belief of its
great jtipolicy* Should yoU still
maintaid your favorable opinion of
it, ihy course of Reasoning Will be
acceptable, although it may dot cod*
vince you;
Evpn in A state of nature than tfas
social to a given extent. Seff-inte.
rest and his wants lead him to seek
a connexion with Others* From this
connexion and the depravity of ku»
. manityy wrongs and perSbnal injuries
/irose* These consisted either in the
extrcise of unprovoked ’Violence,
fraud, or .the breach of engagements ,
or contracts which the wants of men
imposed upon them the necessity of
making, and were redressed by the
individual to whom they were done
or offered, by such means as his
strength of body or his ingenuity
enabled him to execute* Were he
insulted or stricken 5 by his own
arm he immediately sought redress
and revenge. Were there a breach
of some engagement, or promise
ritacle Kim for some service or good
he had rendered; his ingenuity was
employed, bis will being his only .
laW, to and attain a sufficient
indemnification. this state of
things arose a thousand evils, black
and disgraceful, leading in their
train wars, contention and blood*
shed. With the increase of mans
kind, ahd then? consequent increase
•>of . mutual dependence, did these
multiply, and the precariousness <bf
personal security, at length forced
them into societies or governments V
forced them to surrender to the
whole body certain persona) rights
and priv ledges, in order that they
might enjoy such as they retained
with greater security* Among the
first Was that of indivi
dual revenge or redress for Wrongs
done them by violence, fraud dr
breach of contract! and agreements.
This th.e body- politic Undertook to
procure for them, whenever it was
sought. The means 1 by which it
Should be attained are defined and
explained in what we call laws ;*■*
The instruments that are to execute
those means are the courts of justice
and its officers. To refuse these
m#Uy, by suspending the laws,
closing the doors of the courts, ort
tying the hands of the officers. Is*
tyranny *nd oppression in any go
vernment., Because the individual is
then deprived of both his natural and
social mearts of redress. The ( goV
verrtment or society.says to him *
will not afford you the means of re
dress, and if you exercise any I will
punish you** In a monarchy this
wotilid afford sufficient grounds to.
drag the despot from l\is thrOne, and
trample his authority in tfie dUst.-a*
But in this, Republic* it is called good
policy* 1 shall close the Reasoning by
adding that the oppression' is increased
in* proportion to the nu mber to Whom
the means of redress are rtftised ft
to the length of time they are
held. ‘ . ,
The arguments in support of |he .
policy aye few.- Its supporters urge
‘ that the numbei* of Debtors ~ls
greatly superior to that of the Crd
fl the first jtre composed
of the industrious farmers and me
chanics* and the latter chiefly of the
merchants,\ arid that the interests of
jßgLi&tter shobld be suspended In (a*
vor of the former, Who Would be
fttuhed incase the goverrinTent per
mitted their jdebts to be ‘collected
from them*’ However true the pre
mises, the conclusion is fraught With
error in fact, - injustice in principle,
and bad policy in its consequences.
* Montesque and after him Or;
priestly thought that 4 when the laws
ceased to be executed iii a Republic*
Which can heyjrf proceed from any
r thing but corruption , aH is lost/-**
Because it argues that virtue and
public spirit liate^ceased to Operate
Upon the minds of the people, and in
proportion with their decrease, d6
degeneracy, extravagance and vice
increase. Would td God ihat this
truth were more inculeated-upon the
minds of the citizens of our Repub
lic than it 13 | What a list of evil
laws, ending with that under consi
deraUap£*fWOuki be avoided ? But
the legislature of this state in adopt*
ing this alleviating policy, appear to
have forgotten this truth with ano
ther still more obvious, That
in the best state of society?the ma
jority of mankind are depraved and
dishonest, and eagerly adopt at ctifs
hf! W »«MUrb wblsb
they can ednstnie to be a legal
sanction of their vices It will ever
be avaitt attempt to make men
tuous by suspending thU punishment
of their Vices, or destroying the
means of ‘compelling them to be ho
ttest Adting as they doi from mo
mentary impulse, they Will never
look ijpto consequences, and so long
as they can live without it, they ne*
ver will labor to avoid a future incon
venience of evil* In as
long as Hercules will help tjleTrt, they
will never help themselves. 1 Hence,
the greater the number Os laws for
the relief of debtors* the greater
Will be the number of debtors to a»,
vail themselves of them. By rcHCV*
ing them when in debt, the,eVilof
running in debt Will never be decreas
ed ; because no proof is given them
that it. is ait eviU But a rigorous ex
ecution of the laWs, would sdon teach
them the talpropriety rtf living above
their income. On the contrary—if
the laWs are not enforced, they srt>n
adopt a belief that their extrava
gance is sanctioned, and the depraV*
ity of their, minds lead them to in
crease the evih The history of this
system in this state, most conclusive
ly proves these positions. Mer
chants and Others., whose sources of
calculation were great, and may be
relied On, have assured me that the
number of debtofs is now greater*
than at any former period. ‘I'M
number Os those who have availed
themselves Os the relief afforded, is
Very inconsiderable. Many are, and
indeed have declared themselves, in
funds co pay, but will n6t u» •* *hey
are Such are the mis*
crcants whose noise and clamors
have produced this System.
The perseverance with Which this
law is kept in force, impressed upon
my mind the great similitude that is
giVer* by it of XM people of this state,
to the poor iii England. For many
years has that government been a
dopting means for their relief.-* ,
The poor rales haVe been undergo
ing a regular increase from the reign
of Elizabeth. Measure upon mea
sure has been tried to decrease, at
i least keep stationary, their number,
by relieving dnly those of a par tic u*
lar description* But the list grow*
With every struggle, and more than
once has increased to an alarmilig
height. The CohseqUenct is, that
their wisest politicians and phileSo-*
phers are at length convinced, that
“ if every man who Is reduetd to
poverty* bv whatever means, be al
lowed to have a claim Upon the com
mon stock for subsistence, great
numbers who are indifferent about
any thing beyond a bare subsistence*
will be improvident, spending%cry
: tiling they get in the most extrava*
ganfc manner, as knowing they haye
resource itt the provision
which the law makes for them; and
the greater is the provision that il
tUade for the; poor, the more poor
thet® Will be to avail thetaSjlves of
it, as in general men will not submit
to labor if they can live Without.
By this means man instead of being
the most prbvident of animals as he
naturally would be is the most im
provident of them all. Having no
Ofcca&ibn for foresight, fte thinks of
nothing beyond the pre&entittdiiieht,
and thus is reduced to a condition
lower than the beasts/* Were'you
here and would observe the effect of
alleviating laws upon society,
you Would be struck, as 1 was, with
the aptness of the comparison.— *
Yoii have Only to make a ,change in
words* and substitute debtors for poor
and ihe feasdning is equally forci
ole; I once mentioned the simili
tude in cbrtveisation with- a gentle
man of considerable merit in this
state. He admitted Its truth, but
insisted that there shtmW be no
change in terms / for that the legis
lature had acted toward* the debtors,
as tho’ they were paupers. Good
God, and is it possible that the"mem
bers of this rich staid, abounding in
every necessary* blessed witn an ex
cellent soil, and a thin population,
where the most ordmary industry
can produce not only the comforts,
but the luxuries of life, are to be de
nominated, and relieved a&, a sqcjl*
rr of paupers.
Had any good ever resulted from
the adoption of this system, the
tnsuths of its opposers should be
shut* But none-ever has, or ever
will, proceed from it. Instead ot
making tnen more cautious, it has
made them more careless. Indus
try, economy, ind that.virtue so in
dispensible ih * Bepiplic, honesty,
ttri the
* kl 3L £ * 4 *
extras / !i >
ts who ate
powder,* ate daily enlarging tbelli
numbeg Smxh are the demontlT
effects bf this law. The situt
atibn tff the merchants, traders huJ
mechanics who have sold goo :»
or rtndereu their services upbn acre*
( ht, is deplorable. By unconvn ->n
exertions the first class has hereto
fore brought almost every necessary,
and very many of the luxuries of the
world* to, etery man’s dobr. Fori
these ht involved himself with
the whdkstle merchant ol* othefr
states* and retails them here upon a
credit, to every dlizen, Under mi
hottest confidence that the I'aWs will
always enable him to recover the
debt, if the debtor is refractory.■*—»
That COttftdence in the laws is de*
strb) v td & the Which
it heretofore afforded the merchant*
mechanic, and tverf the hbnefct tYr
mer* great and extensively
bCnefitidl exertions, is vanished* like
the baseless fabric of a vis On !*<—
For suCh as he has made, he is com
forted with the prospect of a diriy
prisbh, to which he is subjected by a
process of the Federal courts’, which
still remain Open. Hard indeed, that
such should 1)e his fate, while thnre
tfie amount of what Would release
him is dUe from his neighbors; And
What do you suppose is the argrt
mehts offered to obviate this cOiim •
quenGe ? Not one providing any re*
lief or comfort, but one which con
veys mil ins Ult in are
told, that it Was ‘ (heir oton fault that
they* sold oh a credit ,* by the very
creatures whom they had indulged
and obliged. 1 said it conveyed an
retract the expressions.
SuCh an argument is .the highest
prOof of the merenanta'honesty ,nd
goodness of heart, and of his cttsiot
lifer’s dishonesty and want of giati*
tilde* Howe /er> they have the har
dihood 10 make it, without reflecting
that it might also be said it was their
fault (and one greater that! the mer-
to solicit a credit . Proper
ly Considered the retaliation must bc
hamiliatiiig td all of them who have •
any remains of feeling.
1 Os nd faCt am l ttettef convinced
from nty Observations than that the
pressure of the times requires no
such measure of relief. The asto
nishing ease with which the, people
live, the style and parade which they
keep up 5 the high price of cotton
attd flour, the first beirig from 11 to
to 13 dollars andthe latter 7 dollars
per hundred, and indeed of a j other
marketable productions, prove this
Added to this, the
wise, the sober and industrious ad
mit the fact from their own experi
ence. Os su *.h however a*-e n >'t <ri
tirely the legislature of this state
Matty members of that body are de
magogues, ambitious of being mrm
bers Only for the honor of the title*
and not to promote the public good.
They strive not to effect as much
good as possible, blit to continue
Members as long as possible* Td do
this they khow that they must please
the greatest number of the
They possess sufficient ingenuity to
kfidw that such gseatest number, are
mdt the most virtuous. Hence, to
btitaiii their suffrages they sacHflcd
their own virtue and patriotism Up
on the altar of the wicked pfdpensi
ties and extravagant deSirdS of the
ihajority Os their ednsti iidtttsv*~
From this source proceeds that spi
rit of change and Untried novelties*
for which this state is so remarka
ble. They dte indeed intended only
as expedients, and means of tempo*
rary gratification and relief* and not
as measures of lasting beneficial
fcortsequencei Nothing but the ini*
prove meat of the mind and heart
will ever stop the progress rtf this
growing evil. Whether it is not
now too late to commence so glori
ous a work, I Will not at present de
termine ; but I venture to propncrcy
4hat Unless it is commenced and ef
fected* the s'ate of Georgia will rte*
ver oe respectable.
Many maintain that the la# Is tin*
constitutional— l am inclined to t at
opinion niyself, but do not now fedL
a humour to discuss it. Perhaps J£
may do it in a futurt letter.
Adieu, Dr. G». : W r .
1./'* - yv T- 9^—-.
Death of Ikcumse*. ;
|C7* VVe extract the following^save
the farmer** Register of I'roy] frou*
a valuable work entitled/ 4 Views A
the campaigns of the Northern
&c’’ written by Mr* SamuJ|
and just issued f. ouM
tfo. PlI,