These cases
relate to the emolument of the whole State, to local benefits of
education, of navigation, of roads, of counties, towns, religious
assemblies, private societies, and of individuals under particular
circumstances which may claim indulgence or favor. The latter is the
case now submitted to the legislature, and the question is, whether the
individual soliciting their attention, or his situation, may merit
that degree of consideration, which will justify the legislature in
permitting him to avail himself of the mode of selling by lottery, for
the purpose of paying his debts.
That a fair price cannot be obtained by sale in the ordinary way, and
in the present depressed state of agricultural industry, is well known.
Lands in this State will not now sell for more than a third or fourth of
what they would have brought a few years ago, perhaps at the very time
of the contraction of the debts for which they are now to be sold.
The low price in foreign markets, for a series of years past, of
agricultural produce, of wheat generally, of tobacco most commonly, and
the accumulation of duties on the articles of consumption not produced
within our State, not only disable the farmer or planter from adding to
his farm by purchase, but reduce him to sell his own, and remove to the
western country, glutting the market he leave's, while he lessens the
number of bidders. To be protected against this sacrifice is the object
of the present application, and whether the applicant has any particular
claim to this protection, is the present question.
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