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MVB Senate remarks on bill to abolish imprisonment for debt, 4 January 1825

The Senate having resumed the consideration of the bill “to abolish imprisonment for debt,”

The first part of the first section of the bill being as follows:-“That no bail or security for the appearance of any defendant or defendants shall hereafter be required upon the service of the original, or mesne process, issuing out of the Courts of the United States, in any action or suit whatever, founded on contract, express or implied, which shall be made or entered into after the 4th of July next, unless the plaintiff, or some other person, shall make oath or affirmation, before the clerk or officer attesting the said process, who is hereby empowered to administer the same, or before some other person authorized by law to administer oaths,that the defendant or defendants named in the process, are justly indebted to the plaintiff or plaintiffs in the sum claimed by him or them, and shall further make oath or affirmation, that he or they have reason to believe that the said defendant or defendants intend to remove from the state or territory, or intend to leave the United States:”

Mr. TAZEWELL moved, for reasons which he assigned in some detail, to strike out the clause printed above in italics.

Mr. JOHNSON, of Kentucky, deeming this proposition to effect, in a considerable degree, the principle of the bill, opposed it with much earnestness. Mr. VAN BUREN also opposed the amendment at some length.

MVB voted against the amendment, which failed to pass by a 22-22 vote.

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Source: <em>Register of Debates</em>
Collection: N/A
Series: Series 5 (1 January 1825-3 March 1829)