Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-27
VIRGINIA LEGISLATURE.
EDITORIAL cORREsP 0NDETcE
r.rou,rp SpRISos. Thursday, July !!


property Of married women" reported from
select Committee. On motion OF Mr.. FAULh-
NER. they were 50 amended as 10 provide mat
The personal properly acquired by the husoaoa
by marriage shall not, during the eorertuTe, DC
liable 10 be taken in execution for any ceot con-
tracted by him prior to the marriage; nor "ttsr
tie overture shall ceas;, uniess III. husband shall
saru:ve thu 10 fe, she lcauirg no 1ssus-and thai
the liability Of a husband tor any debt contracted
by his wife prior 10 marriage, except 10 inc e1-
tent that he shall have acquired properly OF nefs
by the marriage, shall mol be released oy ~, "
her death before the recovery oil the deoIs que
by her.
Mr.. PRICE moved TO amenl the hfsi sec'ioh
50 as 10 protect during the coverlufe Inc saves
OF the wife from The husbands life interest," 10 inc
, same. After The death OF the husband, tne pre-
sent law sufficiently provides ior her.
Mr.. WILLS read substitute when ne &C.
signed 10 offer. :
mir. FERGU was individually in favor
Of MIR. PRICES amendment-oul hopea u
would not be used az an instrument 10 oeleal lne
whole provision. TO tesi Inc sense OF .he
Honse. MIR. F. asked the ayes and noes on MI.
PRICES motion, which was agreed TO, ayes 6O,
noes 80.
. Mr., PRICE further moved 10 amend Inc is'
section. so as 10 provide, that "it the wife die
, leaving ISSUE he shall have Lille es:ale IN me
slaves"
Mr.. WATSON said thai, the language would
be construed 50 as 10 apply 10 tissue" by ioI.
mer marriage-and 10 this he seriously OBJ ,c'eu.
He was willing TO give the husband lie estate
in slaves, similar 10 The courtesy in real estate
Mr.. CONWAY suggested that II might De
amended by referring 10 Tissue by him.
Mr. SMITH thought il was just that The pro-
vision should regard her issue, both by her d 'st
aad las, husband. The estate OF The first nus
band snuui go TO the support of his issue.
Messrs PRICE and VERIFY sustained the
provision as just and proper.
Mr.. FERGUSON thought we should amend.
so rs TO refer 10 The issue "by The marriage
He desired 10 put the wie's slaves on Inc same
footing as her real estate, except in Inc case OF
her death without issue, when her slaves shall
be absolutely his.
MIR. FAULKNER cav no objection 10 Mr.
PRICES amendment-which was coAsonant
with the bill as reported.
Mr.. LACY stated objections to it.
Mr.. RIVES payfuy suggested an amend
menI which might remove all difficulties, viz :
Tin all cases The wife shall have full control both
OF The person and property OF the husband du-
ring covenure."
Mr.. PRICES amendment was agreed 10.
Mr. VERIFY objected 10 the 81 section, which
declares that The personal properly acquired by
The husband by marriage shall mol during The
coverlure be liable TO be taken in execution for
any debt contracted By him prior 10 The marri>
age; no-, afer The coyerture shall cease, unless
The husband shall survive the wife, she leaving
no issue. Mr.. Y. argued that husband might,
with $4,000 in his pocket, take the nsolven
oath-and that this section operated 10 throw a
wall OF impuniv around adebtor.
Mr.. FAULKNER said a creditor had made
| no advance on the credit OF that property, and
had no right 10 look 10 il Tor his debt. Mr.. F.
argued that This section, taken In connection with
| the mex, would do away with deiormites in The
Common Law. Mr. F. CRED from Kenl's Com
men,aries, the opinions OF learned judges and
Lawyers, in defence OF the principle he c0nlen>
| ded Tor.
MIR. FERGUSON looked upon Mr. Yerby's
movement as an assault upon the whole PROPOSE.
ton. He had hoped The House would have
treated this important subject with The soemni-
| " it deserves but the member from Prince
George has attempted TO ridicuc the whole
subject BY an amendment putting the husbands
person aud property under the control Of his
| wife. MIR. F. had no doubt that many Of US
would be better of if we were made over
| by deed of trust TO our wives, TO obey
them in all things. Mr. Ferguson then pro
cecded 10 answer Mr.. Yerby's argument
1 ehpOSlUB NS anu WI
| f. had hoped that this provision would es
pecialiy have met with favor in the House. He
| exposed the hardship Of the present law, and
zealously urged the wisdom Of the proposed
provision, which does not 60 as far as many had
desired, bu, only protec.s her property from the
husbands debts contracted prior 10 tie mar
riage 10 Logan there arc not moro than two
hundred slaves; ard Mr.. F. did not see why
slaves, acquired by marriage, should be protect
cd, aud all other personal property left unpro-
tectcd. Ii VIC strike out The second section, we
should strike oul the first, and leave the law as
1t is. He hoped the vote would be a test ques-
tioH. AT present married woman is legal
non entity, unless the amendment of his friend
from Prince George prevail-she labors under
every variety Of disabilty-is liable to be i'm.
posed upon By every sharper, who would insinu.
ate himself into her affections; and Mr. F. de-,
sired to throw all possible protection around the
| rights of married women.
MIR. F. yielded the floor 10 Mr.. Shepard, who
said that Mr. Yerby was a fast friend of the
bill and who he hoped, would now see the pro
priety Of Withdrawing his amendment which
might endanger the fate Of the bill
MIR. VERIFY explained that he was as devoted
friend Of the rights OF married women as the
member from Logan; but be felt it to be his
duty 10 protest against the injustice Of tho SO.
cond section. which would authorize man TO
squander $4,000, or any sum received BY mar
riage-gives the husband the entire control OF
the whole moncyed estate OF the wife, and al.
lows him to defraud his Just creditors. Mr.. Y.
desired 10 place the personal property, money
and all, acquired by marriage, on the same
footing as slaves, so as to protect them all alike.
Mr.. Y. said further, no should oppose the third
| xuh in rplip hVob, nd fha
| ment of the debts Of the wife contracted be
fore marriage. In this land of slecple cha G
and tournaments, he expected better things Of
the gallantry of The men.
Mr.. FERGUSON said if the bill had tongue,
after the remarks Of Mr.. VERIFY, il would CRY
out, 'Savo me from my friends" MIR. F. argued
for some time in reply 10 Mr. T., when Mr. F.
gave the floor to MIR. VERIFY, who, by a voie
had leave TO withdraw his amendment
Mr.. TONNES moved to amend the fret sec
ton, SO as 10 place "public stocks on the same
footing as slaves One great objection to the
bill, with many, was the inequality of its opc
ration. 4 great many persons did not own
slaves; and TO effect equality and justice, be
thought we should include "public stocks" such
as Bank and other stocks, evidenced by scril
issued by The State. Money could not be in
GUIDED, because of the impossibility Of identify
ing it; but stocks are paIpable, can be denti
fed and, 10 The commercial world, merchants
retiring, nearly always lay up their property
in stocks, which are divided among their
, daughters.
MIR. FERGUSON said the amendment coulc
not properly be included in the first section.
Mr. THOMSON Of ]. said it was now evi
I dent that tho bill was designed for the bene6
, Of the rich-those ladies' who have stocks aut
siave.-and not for the poor. Pass this bill
we will then 90 ready TO adopt primogenture
and all the other measures against which Thos
Jefferson contended. Mr. T. illustrated his DO
: siion-arguing that it would lead TO fraud ant
: exlravagance-would make husbands Prince AL
ber,s, and would break up the delicate ties tba
now ezist between husband, and wife, an,
children. M. T. would, il in order, move III.
indefinite Postponemenl Of the whole bill