Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-03
Nd, VA, FRIDAY MORNING, AUGUST 3, 1919.

| ihfn turned his attention Ia tie SenaInr tou
/ piusylyania, who had said thai The old law wa,
no intended 10 protect The rights and neres.s ID
! the infant, The lunatic, and the orphan. cut ms
securities Of The representative. Now, has Ina
Senator never conceived oil 4 case in whch ii IA
cary and his securities might combine losr,he,
Tor purpose OF iraud1 II so where is The !eme
| dy1 But il is said hat the House amendmfn
will be the means Of expetiIlng settlements. II
! answer, he would say lhal here was a law unde
which we had lived Tor one hundred and fit,
years and settlements had te.n mcds Bur pas,
| you; new law and pace all debs on The sam,
loolins 10 be paid pc rata, AMI fiduciaries wonl,
hsocr make settlements claims wonld be com
7 ing IN, and he would be afraid 10 pay out be
cause nc would never know when he was paw
ing loo much or lCo Little. Then, he though
The new law would delay, rather than expedi,,
settlements
The Senator from Pitisyyania says tia, il i
all fiction TO talk about distinctions bslwccn II,
| properly 81 flinciary and the property OF hosj
III represents. II that is fiction, then all disllnc
ions between right and wrone-honesty an,
fraud, are also fictitious. IL cannot BE- expcct,
that The creditor OF ftuciary should make hi,
money on! OF the property Of The helpless minor
| or luRaic A man does not acquire credit b.
| becoming An administrator OF an esae. II HI
did, The credit would be wrcns and ought not IL
he given. Mr.. STANARD was notified by lht
Chair That his fifteen minutes had expired.
Mr. ROGERS said that Ibis was an impor
Ian, question and he was anxious tu hear il dis
dnssed.
Mr.. WOODS insisted upon The observance o
the rule.
Mr.. sTANARD did no. wish TO violate III,
rule.
Mr.. ROGERS. This was no Gppsany BIZ
Question, like those upon which members haG
been in The habit OF consuming SD much time.
II was one oi very great importance, ami &c was
Wiling 10 give 10 II The widest latitude OF lie hate
LIE moved that Mr.. Stanafd be allowed To pro
coed, but, al The suggestion al others, and Mr.
SlahaTd manilesing No Anxiety 10 20 ON, he with.
drew it.
Mr.. WlfCtiER replied TO Mr. s;lanald. A.
10 The aci oil God in destroying mans lien or
], ismenl, hc had only to >ay that il such wuu!!
he me case 10y The adoption ui The House amend.
mcnl II would aiso hr Ii" case by aiupline The
amendment proposed Ivy lie Senator. Il 10 said
that The law is old. Are VIZ be told in this 18Th
CENTURY, that The rules which prevailed in Eng.
lsnd one hundred end flp y as ago are the bas.
fuic- lor US nop2 A great many laws were en-
AGED then which have since given away. The
OILS Federal system was i'll operation then anG con
NO SIR no! The common law Thuse old laws,
one after another, have ialltn of, and he hoped
that this would II is said thai fducaiies and Sc
curl'les might combine together lvr fraud. Il the
Senator wanted 10 provide against Thar, then he
ought 10 have drawn up an amendment 10 sui
The case. He believed that when a man len
This world, his properly should be equally disirb
ued in Ihe payment Of his debts and he believed
that II iet u any chancellor in the uned States
nothing else but pro rata distribution would
eyer be known. Il IS said that il all are 10 be
paid pro tata, then none will be paid. Not So
Due notice is IL he given, put mp al the CouE
House door, and all will have an equal chance.
MIR. Wi'rhrr expected nppo>itian-all great
and important changes had opposition all hu.
man con'Ilyances, he knew. were impeIieri; but
he was very conf lent that more good than evil
would result irom the proposed change.
Mr.. THOMPSON thought that we should es.
iaLlish b statute some nSed and permanent rule
III relation 10 this mater, and in doing SO he was
disposed 10 Consult the sounissi aaa bss, policy;
and he thought that HE main principles Of The
eli law could not be belleTed.
lie estimated that sc had some thirty thousand
tl!uciaIi"s with their securities. They held pro-
perry aud effects Of immense value. aad no man
conld Calculate the injury tha; this srclivn m:gn.
nilrct upon the community.
Mr STANARD moved 10 notify Cat he sug
eesion OF Mr.. CARLlLE) so as 10 >lrlsr oul The
32i section.
Mr.. TYLER would BE- governed in This mat
ter hy lie broad principles Of eqaily and justice.
HIS policy would be to Try to take care OF a
class oi infants who could not take care OF them
selves. He wanted the law Of the lard lc en-
force he claims Of an infant whsa i, won.i not
the lain Il an adult. IL vas Just and right, aud
humane that il should be 50. A man ces and
leaves patsei OF helpless infants they are OF
tender years, uniformed oi their own interests,
and incapable o! The management oil The estate LETT
eRlhem A fduciary is appointed for The purpose
OF taking care OF their properly. They grow up
and seek 10 have a settlement of The estate, and
they find thai il has been wasted and squanLered
away. Here the old provision OF he law comes
in and places the infant on ioo!ins With the
adult. Mr.. TYLER maze: Z collfac with
man whose circumstances Re is presumed to
know, and i. be naaeS Dad one il is his own
iault. bu! rot SO with Infants Their contracts
are made by others and With men OF whom they
can know nothing. The House amendment pro-
poses 10 destroy the protection which The law
gives hem, and which has never been proposed
before. II is said that times have changed, thai
the dignity Of man has charget.--laal may be So;
but debts fave net csalsed. Mr. 7. thought
Iha, 4 disiiac.;oh should lie kept up between
Judgements iiens, &c, aud open accounts. A
man dies and an old account Of five years stand
ing is Brought forward. Ii is certainly very
doubtful Of uncertain as 10 the c2.roclness d
that account. But here j. a clalm OF a very
different charac.e:-one which has passed The
ordeal oi judicial investigation and pronounced
Just. The hardest fought battles that have eve
peen known 10 the courts Of our ccunify have
hoe hrn, nh hnn 40 ~
and YET il Is propcse3 10 rake them up and place
them or 2 cooling with judgments and fiucarJ
claims These old accounts may not be debts
but judgments rendered n mans lifetime art
debts.
Mr.. KINNEY was ioI giving priority to
Judgment lions, but no, 10 6duciary claims
There was very marked difference between
them. he had gone tor The orc and not for Ih'
o;her 10 committee and he would Go The same
here. The priority proposed 10 be given 10 hiu
ciary claims was nothing more nor less Than
! sort OF shield or protection thrown around hdu
ciary securities al The expense OF his creditors
Judgments were debts, fixed and ascer.ained, an.
he was unwilling, IN one breath, to rehaer
Judgment in favor OF the claimant and in TIT
next IL take i away. y man has been diligen
in the projection oil his rights, that diligence
| shogl1 aaye countenance.
/ MIR SHACKLEFORD. Senator, have g,ea
deal 10 say about the conservation and sancliil
of The ancient law when ii suits heir purposes
| But hey often have they themselves gon
aga.nsl lac old laws Of he iantl He though
that The Senator tom Richmond had depaTIe,
from those old laws in very many instances -
! Last Winner he went hard for, and succeeded il
getting through The Senate bill extending la
jurisdiction OF the Hastings CocH CT Rich
monI. That was considerable invasion G
these old laws nul Mr.. s. supposed that wha
ought lc h done IN Thebes oash, not TO b. don
in Athens. These old laws gave TO attorney
but 20 50 as counsel tees. lie thought this oil,
rule vas abolished, and perhaps with The anpro
baton ot the Senator'S from Amherst snd k,ch
mont. Very many innovaiiona bad taken plac
with Tic assistance C. both those Senators. MI
S. thought lhat there was no inst'ce in givIn
preference 10 judgments over bonds. he did &c
believe in The mysterious influence Of names
judgment was hnl deb, and SO was bond
the later was just as mich AZ ascef'aincd Diet
as The f,rmer--ike Cuiy Lilefercs was, tina; i
the ohs case man had gone into court arme
with The power OF he law, and come ouI viii
lud ,mcnl instead Ct mans noe or open a.
-, in a., far ihP sanction o. In