Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-20
VIRGINIA LEGISLATURE.
EDITORIAL CuRrEsPoSDEfCE.

Mr. PITTS also moved 10 amend same sec'oH
by inserting "or steamboat" Lost. "a,
Mr. CRUMP moved 10 amend chapter ioi, On
3.ters and lerrapins," by striking out sec.ions
- and Is ADD Inserting sundfy other secions,
which underwent some change, anu ~eie 'ho"
<1Noopled-ayes lS, noes q, as 1oiioWs' ,..
Tribe T,a,b.r Garlic Darlington Pitts Shseki.crd,
Smith Deneale, sloan, strinesr Kane, CIump' har'
wood, Rogers and Paniot-is.s .,
These sections do not materially modify The
oyster laws adopted by The House. The primer
pal change is in allowing fifty instead of twenty
1--WE bushels Of oysters to be taken a day
Mr. STANARD moved TO amend section 3,
chapter 81, on "wrecks," by adding "tbaI The com
missioner of wrecks shall file in The clerks Oh
fee sworn copy Of The inventory" &C., which
gas adopted.
Mr. PITTS moved 10 strike out from same
section "a per day 10 the laborers" &C., and in
serl the law as at present. leaving The compensa-
lion 10 The agreement OF the parties. Lost.
Mr. STRINGER moved 10 amend same Sec
ton, by fixing the compensation tor vessels
,oreeksd at "a 20 per day 10 laborers, and i"r
vessels in danger Of beng wrecked higher tate
may be allowed, which was adopted.
Mr. STRINGER moved 10 amend section IL,
chapter "a. by inserting "Norlnwestern Acade.
N.Y." Adopted.
On motion Of MIR cRUMP, the Senate ad.
journed.
HOUSE OF DELEGATES.
The House resumed the consideration OF The
amendments of the committee of the Whole to
the third part of the Civil Code. Several oil
them were agreed TO without objection.
The question being upon the amendment TO
section 9 on "Partitions," Mr.. MONCURE of 8.
moved TO amend, so as TO provide that il The di-
videpd of any" party (instead of "eaeh" party
as in Code) exceed 5000 the case snail DO re-
moved to the Circuit Court.
Messrs KILBY and SHEFFEY sustained the
amendment, as following the old law. Mr..
Lacy commended that il was in violation The
old law.
Mr.. MONCURE Of s. showed the reason
ableness Of the proposition in fixing proper
limit to this new power given to the County
Court TO make sale and partition OF real estate.
Mr. WILLS suggested that the amendment
should be SO amended. as to apply TO the share of
s'aDy party taking per siirpe,"
Mr.. MONCURE Of S. replied to the objec>
tions Of Mr.. w. The amendment was adopted,
and the amendment as amended agreed 10
Tho House took up The amendment TO the
130,h chapter on personal representatives, !"
providing that debts due by an individual in a
fduciary capacity that is. by personal repre-.
placed in the third class of debts, instead OF in
~ reported by The Revision Committee.
MIR. SEQ TT asked the ayes and noes on the
amendment Mr.. S. proceeded TO denounce the
"iniquity"o of the measure, which would result
TO the beue6t, not Of the infants, but 10 the Sc
curlies Of a faithless 6ducary. | have given
such full notes OF the debate on this subject 10
committee Of the Whole, that il is useless TO re-
peat here an outline Of the remarks Of MIR. S.
and others.
Mr.. PRICE. The gentleman from Fauquier
being strong man, uses strong language TO ex
press strong thought in denouncing The "ini
quity' OF the committee of the Whoe's amend
ment. Mr.. p. sustained the provision as wise
and proper. The infant, lunatic, &C, was ut
ierly powerless under the law, and cannot an.
peal to the court 10 have his rights sccured.-
Far different is the case with bis individual Gre
ditors, who have their eyes open TO all his trans
actions, and can act for themselves 10 secure
their rights. For these reasons, Mr.. p. regard
cd il as most unjust to postpone the debts due
in 6duciary character. The sureties Of the
6duciary are innocent parties, receive nothing
for the risk they run, and, On the highest
grounds of equity, are entitled to priority over
judgment credi ors.
Mr.. IRVING of Cumberland said the fac,
was now developed, that the question was not
the benefit Of infants, lunatics, &c, but the be
ps6t of grown up men, viz: the sureties If the
object is to secure the rights Of infants, &C., why
not provide for larger penalty 10 the fducia-
ry's bondf-why no, adopt somo sure, unyary
ing rule for tho protection OF infants, &C.? An
other strong reason why priority should not be
given 10 the Gduciary debts is, that his suretes
hot tha Udar tt.4l 10 m Ia,
bood TO be executed, TO secure themselves
other creditors have 20 such right, and are !,
therefore, less protected than those suretes. He
went for tho principle of equality, and was for
putting 6duciarJ, judgment and all other debts
10 tho same class
Mr.. FERGUSON addressed the Chair; but
Mr.. DoRMAN rose to point of order-yiz:
that Mr.. +. was standing when he addressed The
Chair; and The rules require member TO rise
from his place before he addresses the Chair
Mr.. D. said that MIR. +. was standing when the
member from Cumberland was speaking.
Mr.. FERGUSON said the facts were as fol-
lowe: lie had risen as the gentleman from Cum
befland was about concluding his remarks and
in the act Of sitting down, viz: as The gentleman
from Cumberland went down he (Mr. +. came
up; bur the gentleman from Cumberland had sud.
denly determined 10 make another remark aud he
<Mr. F. had retained his Standing position.
Mr. THOMSON Of j.. Mr.. DORMAN ana
MIR. SYME narrated the facts OF The case, viz ::
that they observed the gentleman from Logan
standing when the member from Cumberland
took his seat.
Mr.. FERGUSON said that he did moi know
how the member from jefferson, unless he Was
crosseysd, could al the same time have observed
the Simultaneous movements OF both Mr.. IR-
WING and himself.
IS H. -
proiessed 10 be accurately acquainted with The
movements OF Mr.. IRVING. II he was cross
sy.d he was mol cross purpescd as ne regarded The
member from Logan, III attempting 10 lake The ad.
vantage OF other members.
The Speakers opinion was as follows: The
Psrl,smentery rule upon this utjecl is stated on
page l3S OF the Manual in these words: "When
q member msaDs 10 speak he is 10 slaDd up 10
his place, uncovered, and 10 address himself no,
% the House or TO any particular member. but 20
the Speaker, who calls him by his name, that the
House may take notice who il is that speaks."-
Many years ago this House deemed it proper 10
render this rule more stringent, with the view, as
the Chair supposes, TO secure perfect equality
OF privilege in the order of debate. To attain This
desirable and important end standing rule was
adopted and has been ever since continued by re-
adoption every year, 10 the following Words: q
When any member is about to speak in debate CT
deliver any matter 10 the House, he shall rise from
his seat and without advancing, shall with due
respect, address "Mr. Speaker" combining him.
seit strictly 10 The point in debate, avoiding all
indecent and disrespeclful language" By the
Parliamentary ruls member Standing up +"
without reea'd TO the time OF rising, might have
addressed The Chair in order, and This priviIes &c
being open 10 all would probably induce all VINO
desired 10 speak 10 seek this preparatory advan.
tagc by rising in advance OF their time 10 address
The Chair. 10 avoid these scrambles for nrioriy
10 preserve order and secure perfect coaa!i,y OF
rights amoag membe S, the standing rule OF The
House was adopted requiring each member who
desired to speak 30 rise from his scat" and a1ar,s,
Ms Csair. The Char would no, regard anv
very short interval OF time between hac rising and
tie odtre as essential in the application ut this
rule. So the rising aud the cdaress may be fair.
lY considered as one aes The rnle is satisfad Rn,