Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-03

:" 80 Pa'n' hil t'ii' hla cat@'tI III Is M JU>i AID
! p'oFff that his p:"pcny should b. ,lua!iy d..
l:au,rd.
Nj cAHLILE called apon Senator, II pau.c
aud p"nief well b.:u!r thcy made ih.s ianava-
lion open OH: laws. lie DID not seek 10 pei PEI
na'e old iaws Secau-e Of thsir eLtGui,y. He
la higher motives in vic"; So; l.. ielt pleud
that he was supported IN his views by tL, aid
an! sauclion III ihe br>l, The pn!est, and E
| o'l.h 81 l'g.ls hal have syrr shown upon his
or upon aty uhcs cour!9r, He mean, no d..
rara.r.isu' when he sahI. that HERE was no. a
WYNN, Jefferson, III Pend!- cn upon the
tlotf OF this Senate. Ms DENEALE. DO YOU
mean JACK Psrdlhn2I ET. CARLlLE. No, |
conf mean The "lone slaT.' Mr. c. ict every
disposition - give The beniis ut Inc In 10 those
"n', oy the &c, OF Providence, were LETT So situa-
"a As hot Ia be able 10 protect themselves. a
hluciaty IS made snch BY aw-ihe law recog
niZ Inc Eecessny OF his cxislencc--ahd he can.
mol te looted upon az altogether OF a ro!nnt4,u
ezntnc'. tie Is cfeaiei 5p iGp AMI ty law he
Is sci apart ioI The purpose .: taking care OF lhe
properly o. those ~ Cam take care .. il them.
Selves Tins I Ulcer CAM serve unless te gives
security The law then makes both principal and
| secnfilJ; and he was tee 10 confess, that he
thought preference should te given 10 them -
M argument that all Gtbs should be paid rata
biy, Is AL argument against a!maS, every law in
our statue books and this priority 10 claims j.
As Old as oar Government. There is the statute
O: limitations which may bar debt which is as
| JUS. IS any tha was ever created. AMI yet there
Is EoihlnE said about The repea! Of those law. b..
cause they are OF acknowledged utility aud ne
c'ssity. Mr.. L. would advise Senators thai, TO
caIty ou their lcvcing principle. they Ought 10
give them power 10 20 into Clerks office al Plea
sure and sue out executions upon open accounts
1 hon hs t.tf.
main provisions OF the old law would BE- a..hrf
cd io-'hey had long been acted upon, and The
| people Understood them. This new proposition,
The people did not and would not understand
II would b. twenty years before The new law
would be settled by the Court of Appeals. Ii We
| accepted the House amendment, he was conf.
dent mat II Won lie destructive. IL The best inle-
rests oil society, and produce great dissatisfaction
among hr people.
Mr.. STRlNGER thought that Senators had
COME very lar short Of coming up TO the greai IS.
she which was involved in his question They
had not. nor could they answer the arguments
OF the Senator from Piusylvauia. Those ar.
sumsnis were still unanswered and unanswer-
able. The great question which the Senate had
TO decide was, as 10 The justice, the equEy AMI
larGrss oi givitg up 10 personal representatives
AMI their securities, for the benefit Of wards. all
OF that immcasc estate which So often tails into
their hands, 10 The total and unconditional ey-
cluson OF all other homes! creditors.
That was The aspec! in WHICH his question
comes before the Senate and he wished il 10 he
mel IN that lofm. lie knew oi case himself in
which man died with some six thousand dol
lars worth OF property. His honest creditors
so no par OF II. Ii all wen, 10 the Use and bcpe-
nj OF his ward. and 10 The salvation o. the repre-.
sentative securities.
Mr. 5. thought that when a man contracted
voluntary responsibility as security, he did 60 in
all equity and justice, IL re extent OF the pro-
perry which tell inlo his han,is in his fiiucary
character, and II tina: gave rise 10 any new faci.
lilies 10 cfedi. The responsibility OF the security
extended 20 tHa also lie was tired OF this pa
lhellc song about infants, and una,ics, and or
phans. Il was for effect-argumen. was not in il.
II y SAID 'hat judgment creditors ought TO be
preferred to open account crediIors-lhat he was
not very unwilling Ia aGmil. But lc say lha,
a Judgment Obtained by some Crafty, soheming
man, just upon he dca!h bed 0! creditor, should
have priority 10 bonds signed and sealed, was
odlous and discriminating without Justice and
without EirFcy.
Mr.. SfANARD stalled that although he was
eGirird 10 The floor on this new question he Wouid
MOI !respass lie was willing Inc vote Should te
taken. and he called The ayes AMI noes. Tho mo-
W
ayes -. nceS 3
Mr.. TYLER informed INC Senate OF his puT.
pose 10 offer, q, lilo proper time, an amendment
which 10 raI drawn up as a compromise, and
which he hoped and believed would meet TIE
appreciation of the Senate. Mr.. TYLER here
read his amendment by way Of argument, and
it was sent up to the chair and was as follows
Insert House amendment down 10 the word
"thlrdly," and then Us follows:
"Debls due MS personal representative, guar
dian or committee, where the qualification was
in The Stale, in which det:s shall he included O
debt for money received by husband acting as
such fucary - right OF his vito. Fourlhly.
All ether demands rateably, except accounts
not canowicdgcd by The decedenl or his ugent
in wiring OF Gofc than three years Standing
previous 10 tho death OF the :ccedent, shall! be
posl Poncd to all other demands, except youa.
larry obligations. And nothing herei;. contained
shall atIec. any lien by judgment or otherwise
acquired in the life tiEio Of decedcnt."
MIR. STANARD moved 10 insert 32l Section
Revised Reports, but in,imacd his willingness
!; 10 accept of MIR TYLER'S amendment MIR
STANARD'S amendment read as fal.ows: STU
neral expenses and debts Incurred during he
dccedenls last sicknes5, for medicines and the a,
tendance end services Of physicians aad olh'rs
may re allowed reasonable amount in prefer
. enee TO other debts"
| Mr.. STRlNGER objected 10 The words "lasi
sickness" and hoped that the Senator from
Richmond would consent to have them stricken
| out.
/ Mr. STANARD thought il was not OF much
| importance whether The amsTtment Was accept
| ed or no.. bur he dill moi think il subject 10 The
criticism given BY The Senator from Wood
| Tia wo.ds were those Of lhs Massacnuset,s la "
! and some such words had 10 BE- usci. There couiC
be no danger u' abuse. He thought that a paol
| barber should De paid for services rendered d.
!! ing man.
Mr.. WlTCHER. Bul then you place you
doct9r down to the rlry hum.ls position which
You assign 10 da,bsr. (Mr w. ie..aared ev
IDENTIFY in no very COOL humor that there was z
| pretty considerable dif.ren &c between the charges
OF barber and the charges OF doet0 who's,
medicine nigh have killed the patiently
MIR. STANARD thought il small matter.
MIR. STRlNGER Aslhe Senacr tom Rich
mond would not move the amendment, he wou!,
do il himself He mo7cd 10 strike OUT The word
"lasI sickness" AMI insert after he word "o;heTs
"ot mol more Than ninety days Standing"
.She amendment was tJected.
Tne question was upon the original amend
ment (ot Mr.. Stanardj which was rejected.
Mr. STANARD here sisnif"d his acceptance
Of the amendment Of Mr.. TYLER and !; va
read by The Chair.
MIR CARLILE move! "a amendment TO MI
TYLER'S amendment ty Inserting The follow
ing
Every personal representative shall apply
the personal estate of any prison who may
hereafter die 10 the payment Of ihn dccedent's
debts and lawful demands again't his estate in
the following order,
"First-Debts due TO the United States.
"Socondly-Taxcs and LEWIS assessed upor
the decctcnt previous to bis death.
"Tbirdly-Dco,s due 70 personal representa-
tive, guardian or committee, where the quaifi
cation was in this State; in which debts shall
be included debt for money received BY
husband acting as such fduciary in right Of b.
wife.
ACKNOWLEDGEMENTS an1 DEGREES rendered
and recognizances upon which execution ha
been awarded in ibis State agsius, the dcce
dent.
"Fiflhly-And oil Other debts anu demands
eXcect those in The next class-and,