Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-13

-fiis - Ndift WI LNNF'S'Oa IO3'bs''A-' -
some coed reason why one al lie wiscs' pIoVi
sions Of our law had been stricken OUT aud WHY
debts due in q fiucia:y character should be post
poncd 10 debis due from man 10 man. ard ever
debts due on simple contract.
Mr. HARRISON OF LGrdcun, proceeded Ii
Justly lhis material charge 10 he law. lit
. question was mol between tse report OF The com
, mil;ee and the law as il stands, bn; between III
former ana the report u The RevsuIS which aisc
makes material change i'll the law. MIR II
I cited the present law, which The RevisCis hat
, changed IS 10 pu, IN The fist class win "iune
, raj cxreaxes," debts incurred daring The dcce
? dents last sickness, for medicines, and The a,len
; dance ard services oil physicians ard hers
| uurscs &c. Mr. H. couli nj see howeeef, WHY
: this class OF creditors should be placed on h!2h
er ground that millers and merchants, who iec
, and clothed The family OF the deceased, for a
month before the dSccase Next, The pressrl Ia q
and The Rsviscrs and Revision committee pu' The
debs due 10 The United States in The Isl class
and aIes and leyies assessed upon The dcce.
dent previous 10 his death In lie 2! Glass; Tne
Rcvisors have MADE material change in rat,
lice oil debts on sealed instruments, parn!, 4 !.
on The same ioo.log. The material difference
b,twccn ihe Revisors and the Revision connie
tie, 10 which The gentleman from Logan r1cep's
Is 10 bring down The Debts due in Ed-ciaIy
character, 10 4 level with debs duo in az ial,.
vldual character. MIR. II. sustained The chance
lie regarded all debts as standing alike On The
same srJunt o! reason and justice. Where Is the
especial equity 10 which hcse hduciaTy debts a;c
crtiIrd above olher dcb,>l They are like o'ser
deb's at last. Is II net legal presuinp ion, that
in all homes, transactions, tie esaior has feceiy
I'd lair and jast consideration, equally biDdi" e
upon hnl Why not say that while he lives,
hi, properly should be applied 10 these fiucary
debts. EOS poniGg his Individual debts7 There
would b. as ,nuca ls.ice in this ss in The prcpn-
si.ion 10 preif! these fdrcarY dehis after is
death. Mir. Fl cited some taft cases; where, by
sudden death, The fund is swept from those
who produced it, and ru into a general Ieser-
voir whca is first doroed 10 these preferred
tcbis. Then again, The case al a miller 10 whom
a farmer sci his whea,-whcG, On he Sudden
death OF lhe miller, his propiry is surrendered %
these fsGciary deb;s, 70 The exclusion II the far
/ mer. Again, the CASE OF poor mar, working
all the yeas for one who passes as !ich-he poor
mans swca! and labor have produced crcps-yeI
| iaey arr 10 go 10 The preferred creditors. The
| only difference in he cases Of hiuciary and IN.
dividual cr,d ors, is that il one case The courts
Pit The property in the hands OF a ftucia'y-
| Tfis MIR. h. sail. should mel give deb OF This
chara::eT aLy advantage over other honest deh'S,
| in an individual character. A court OF eqniy
| di>pcsss OF property raab!y, giving all debs an
| equal share and this IS core up3n he Prirc-
I pies Of equity. a cou,i OF Law makes differ
elce te,wren DEBTS. One or The uiher must be
wrong. Apply the equitable rule 70 al des;', 70
DC pa 4 sIse, 50 lar as Inc funds g, aad eqaiiy
al le tuGc. Another Advantage is The cove
nence OF the thing. III G anceiy proceedings,
The greatest completely is frcerccd il: sccopn
BY leeal assets and eGuiist.s ASSES forming the
most rolcmiaors Pall oi ~ documents in Cham
Gerry causes, AID consuming a grcE; portion Il
me time q the Gcuri CT appeals. Lei Us a.cp
the equitable rule .! putting all trbl. on the s me
tooiir5 AID paying all rasb!y. This would
save time and great expense aad confusion As
IL is nov, each man Struggling Tor priority, The
estate is riddcd with lie costs. II he principe
ct pro rata distribution had been a!cp.d, every
man you'd have rccei-es his rrnr?, instead Ct
NJ whole cs'a'e hring Consumed ~ H. cosls =
n !wiltsanting The unpo?n,sylly o. the baES
rnpl laws, they aad ore redeem'"s qaalny-viz:
,Heir provision Tor AT equitable rro rata fis.:-
baton Q. a mans properly. Or he highest
grounds cf policy, convenience ard economy, r.
though, We Should a:op: he principle Il had
| been I'd ped in vi ssacha,cls, where all detls
We.s place. IN 'hc sane Il .rg.
Mr. FERGUSON rose 10 reply 10 Mr.. H., 10
whose doclIue, c Ter patient listening TO b.
arguments, he could not become CONVERT
| The gsnileman's argument goes 10 level all dis
| tiuciica between debts and to place them oil on
the same PLATFORM but the Revision Committee,
whose views he represents. do not carry out the
principle, for they MAINTAIN distinction between
debts. As they make distinction, be (Mr. F.
| thought DO deb.s should lie preferred TO those Of
q Gduciary character. MIR F. asked If The pro-
| position Of MIR. II. that III. debts due TO an in.
lsnt, idiot ard Iunaiic, should be pu, on the same
footing with individual debts, should no, Of /,
| SELF be conclusive aTgamcal why j; should not
be sanctioned; for, said Mr.. F., there is a great
| difference % The cages the acts of man in mis-
| fiducisry character are done wttou. the know
ledge or consent or participation OF the infant,
lido: or lunatic. In the else Of individual debts
the act is doae with the persons eyes open 10 al
the consequences OF his proceeding. The gen
lieman from Ioudoun sill maintains distinc-
ton in favor Of judgments rendered against
man while wing, over these fJuciary debts. Is
this just or equ,abei Mr.. F. examined the
cases Of hardship cited BIZ Mr.. Il and argued
That they did net rnest the gan;leEsns views;
/; for, sy the very distinction which he sustsins
the money, instead Of going 10 individual debts,
| wou be frat devoted 10 debts of prior dignity.
Mr. F. analysed hlr HIS srsumeut in regard 10
convenience He (Mr. f.) proposed 10 pu,
these fduciary debts in the third class, so tha! no
scrambiGg for priority can take place between
creditors, and he sustained the provision, t.ist If
there DC enough - pas all Tho debts Of any ono
class all The creditors Of thu, class shall be paid
ratahy. This will preye2t the scrambling
which the gentleman from Loudoun apprehends.
| Is it righ. that the ccbts Of infants, idiots and
iunatics, whose property has been squandcrd By
| impru3ent committees, the creatures Of the
cour',, should be placed on The same footing with
debs contracted with individuals who can take
cnra IF tl,cir oun intnreatS3 IIo calnd unan
The member from Loudoun 10 show why III:
otious distinction should be kept up, in giving
10 ludsRsns and decrces priority over dduciary
debts Ths advantage of his amendment, sad
Mr. f., was that j, would enable committees 10
give better bon! and security as the securities
would kaow that these debts would b, first sc
cured He coulL not believe thai The committee
would sustain this mischievous change CT the
! law. Expericnce had no, ahoWn it 10 bc Ecces
| sary.
MIR PRICE thought his friend from Loudoun
had argued question which vas not before The
committee. Every deb, due By testator should
be paid, if poss BILE, end, in ethics, should be
paid ratably and stand on the same platform
Ru, The Committee Of Revision had themselves
reported distinction. Mr. P did not object
to the distinction of creditors in regard TO fu
neral expenses, medical services, dc5ls, due 10
United States aud taxes 10 Stote; bu. he could
sec no reason why judgmen, creditors should be
preferred 10 GLuciary creditors Il a distinction
Ia 10 be made, he thought the liGcary crcditors
sbould 10 preferred 10 judsmcn. creditors who
have 10 lien on the personal assets, and were
not justified by ethics or public policy in having
preference On the contrary, motives Of pub.
lie policy should induce q priority ia lero: Of
fduS,ary debts guardian, for instance, is
apr ,iu,ed by the court, whers he files bis &C
courts which are open 10 the inspection Of The
whole world, and an individual contracting with
him can undor.tEnd exactly tie stale of his Fl
duoisTy debts. 10 the case. cited By MIR. HAIR
Rl9ON, the individual may take lien OIL the
property sold AID protect himself. Vow Ibis
cannot te doue by infants, ,diois end luDa:;cs,
and the Law should protect them. They are Ut.
ely poweress AID Came, obtain lin on as
sets descended &c. Mr. P. chcercully wen,
,bo -. In ID roI