degree of security and protection which is afforded by all other governments to individual exertion.
the scaling system
This is a part of the relief system—a very neces- sary part of it. The last relief legislature enacted, that executions, with the paper endorsement, should be collectable after three months replevy; but execu- tions, without said endorsement, might be replevied two years! All judgments are given for money, of course; and the jury, under the instructions of the courts, give what are called "scaling verdicts" which means the value of a claim in specie. Those who have not experienced the operations of the scaling law, will find, on inquiry, that it is a wonderful ex- pedient for the benefit of a debtor. It is just the thing that deserves a patent. John Shoemaker sued his patron and customer, Jeremy Diddler, on a note given for shoes and boots, made in the year 1820, but for which he would not pay in 1821, when the account was presented, except by note reading thus:—"On demand, I promise to pay , J. S. for value received, thirty dollars, in commonwealth paper.—J. D." The judge instructed the jury to ascertain the value of com- monwealth, and bring in their verdict accordingly: "We, of the jury, find for the plaintiff $15," &c. one half—paper money being two for one. The judg- ment being for money, Jeremy Diddler had the pri- vilege of paying two years hence, but John Shoe- maker being hard run, endorsed the execution, and will be glad to receive the fifteen dollars, in com- lonwealth paper, at the end of three months' reple- vin. This is what is called the scaling system; and if the case did not occur last court, something very like it did in numberless instances.
In a neighboring county, a case like the following, we are informed, lately became a matter of record. A poor man sued on a note for §12, credited on the iack, £6 received. There was no proof that the £6 were paid in paper, and the magistrate said he v. as bound to consider six dollars, six dollars; and,
- .s paper was worth two for one, the amount of the
j ote appeared to have been paid, and accordingly gave judgment for costs against the plaintiff. Into what absurdities are we plunged by the relief sys- tem! What a mockery to talk of justice and free- dom and happiness, when the constitution is brought to the level of such legislative acts as have been adopted by the relief party! We have here in Ken- tucky, a code of such relief laws; a code intended to suit the case of every man who is disposed to wrong his neighbor; a code which invites ni men to break their contracts. If a trespass be committed, and property destroyed or taken away, damages for one half the amount of injury only, can be ob- tained; and that half payable in paper worth 50 cents in the dollar! If a man refuse to pay his bond, judgment can be obtained against him for one halj only, and thus he clears fify per cent, by being sued. If he prefers not paying even one half of his just debt, in commonwealth paper, he can replevy two years; and, at the expiration of two years, he may send his creditor to seek wilu land phoyidbs the nELIEK LEGISLATORS HOLD THE SCALES OF JUSTICE TWO i.,.us hence. [Lexington Reporter. Bank of the United States. A little while ago, a, very convenient coin, the pistareen, valued at 20 cents, and freely passing for that amount, was driven out of circulation by the refusal of the banks, (which was said to have originated with the bank of the United States), to receive them for more than 17 cents, that being their value as bullion. The good that can grow out of this proceeding is yet hid- den from ns; hut the otA is feK in a diminished cir- culation of money, generally, and the want of a coin familiar and convenient to the people, for the pur- poses of change. Now, it seems that, at New York, the banks of that city, said to be forced into the measure by the bank of the United States, refuse to receive quarters of dollars at their nominal value, i taking them only by weight. Are these too, to be | banished from circulation, or every person, when lie goes to market, be compelled to carry a small i pair of scales with him, that he may detect such ! pieces as are under weight to the value of one half, I or three quarters of a cent, or even a cent or a cent and a halt7 The Litter, perhaps, would be the ave- rage—for it commonly takts four quarter dollar pieces and one of a 16th of a dollar, 10 weigh a whole dollar. Hence, probably, by the letter of the law, the parts of the Spanish dollar are nut a "legal tendtr-," but. by the common sense and usage of the nation, they are such; and no possible benefit can be supposed to follow this proceeding, until, at least, the amount of our own coin of such denomina- tion, is sufficient for the supply of the public wants. While on the subject of the regulations of the hank of the United States, I may express the plea- sure that I felt on learning the decree of the su- preme court of Connecticut — (see Kegisteii of Aug. 2, p. 318), as to notes of that establishment, severed in two, for the sake of security, and requir- ing that such notes should be paid, notwithstanding the proclamation of the bank that the production cf both halves would be necessary. There is another thing in regard to cut notes that deserves a remark: in the way that those of the different branches are at present issued, being all from one plate, it is very difficult, if not impracticable, to ninety nine out of a hundred persons, to join them properly to- gether, if separated into parts — they have no guide but the name of th» president of the branch on the left hand side, and that of the place at which the office is held, on the other v Who knows the names of all the presidents of the different offices and their location? Hence it happens that those who receive one set of halves j by one mail, and another set by another mail, misjoin them, and, though the note, when so joined, may seem to be perfect, even to the finest hair stroke in the engraving — such have been re- jected as Waste or valueless paper, because the parts belonged to different offices. Perhaps, this rude proceeding might have some shew of proprie- ty in it, had the bank taken reasonable care to prevent accidents or mistakes of the sort, by a dou- ble numbering of the notes, or some other means. But there is no way to ascertain the fact, unless by a knowledge of the residence of the several persons who are, or have been, presidents of the numerous offices of the bank; and there are, no doubt, hun- dreds of apparently perfect not .-3 of the offices in circulation, which, according to the rules of the bank, are not worth one cent to the possessors — nor otherwise so, according to the late decision in Connecticut, unless a present holder of two dif- ferent halves can prove that he was, and is, the rightful owner of two other halves that would match them, which, in the nature of things, cannot be re- garded as generally practicable. Let the bank do its duty toprevent mistakes of this kind, before it presumes to punish people for committing them. If the common- senst of the matter has not weight with the b;ir.k. it is to be hoped that congress will take it up, and order it differently This fearful institution must be closely watched. Its power is enormous, and the almost universal disposition of those who have power is to abuse it: they "feci it and forget right.'-'
