Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1856-12-13
REMARKS OF MR.. PITCHFORD,

the Trust and Mortgage BtH
Nix. SPEAKER: The committee on the judiciary
have reported adversely on this bill, and regret
that they have given no reasons for doing so. Ny
only object in introducing to the notice of this body
proposition of this kind is, and has been, to en-
force the obligations of moral honesty, and give to
creditors their just rights and nothing more. have
been repeatedly solicited to advocate proposition
like this, and in compliance with such requests, l
believe that am carrying out the wishes of vast
majority, not only of my own constituents, but of
the honest, paindcaling and hardworking constitu-
ency of the State. The bill only proposes to give
to every honest creditor his equal proportion of the
proceeds of the estates of nsolvents, or in other
words, 10 abolish that system of partial legislation
by which favored creditors enabled to obtain ALL
and those less favored obtain nothing. l am told
that this body has been repeatedly solicited to take
action on this sutjec,. am, to-day, met with the
objection that it is grave measure, requiring much
deliberation and great legal skill. do not claim
the possession of much legal knowledge, nor am
now setting up myself in opposition to those who
do had hoped to obtain the assistance of all that
kind of talent in the house, to aid in perfecting
bill calculated to obviate all reasonable objections
and carry out what certainly the wishes of the
people. The present bill, it is said, is radical
measure, upsctting all the common law OF the land,
and constituting very serious invasion on the sane
tity of the revised CODE confess to the possession
OF but little respectfor those legal traditions const.
tuting common law, whenever they come in conflict
with common justice and the known wishes of the
people. 10 the cOmpiers of our revised code l
cheerfuy accord all the talent and integrity which
they known to possess !; but l cannot regard
their work. the last of the three Sybillne books
on the preservation and unapproachable integrity of
which the very existence of the State depends. The
facilities for the evasion of payment of just and hon.
est debts are numerous under the existing laws,
and so frequently resorted to- that creditors gener
ally consider hopeless al! debts, the payment of
which is, for any considerable length of time, de-
ferred. Under cover of the present law, cases of
outrageous injustice so frequently occurring,
that general feeling of indignation pervades the
public. If voluntarily execute a deed in trust for
the benefit Of all creditors, for the payment of
all my just debts pro rata, according to the provis
ions of this bill, l. by doing, violate no law fthe
land, either common statute, neither do l evade
any requirement of common honesty. Circumstan-
ces alter cases, l know, especially when considered
morally; but speaking in legal way, am at a loss
to conceive how act performed voluntarily in one
case be .called just, right, and praiseworthy,
when the very same act, performed by compulsion
is unjust, immoral, and radical. l care not if be
called radical, rcd republican, even, my motives
are honest and my object is good one. The prn.
cipa objection to the bill is that it does not accom-
plish all the objects in view. grant it; but all
must acknowledge that does close up at least
wide avenue to fraud and corruption, and time may
teach us to close up others.
1t is true that the law favors the dgent creditor
to the exclusion of the more slothful one; but the
same maxim in another dress, would read thus
The law favors the rapacious creditor to the ex-
clusion of the mcrciful one" The amendments, in
connection with the bill, make all needful provis
ions for the interest of the debtor and the security
of the creditor; and taken whole, ought, Think
to meet with the appreciation of this body. How
ever much my wishes may transcend my expec.a-
tons at this moment, still believe that this BILL or
one similar in its provisions, will ultimately
the approval of this body, and be followed with the
thanks of those who sent us here.