Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-11-21
Minority Report of the Select
Committee on the bill relat-
ing to Insolvency.

TO the House of Representatives., notc in ses-
SION;
A minority of the select committee raised
on so much of the Governors Message as
relates 10 the subject of insolvency, and to
whom was referred House Bill No. g, entitled
"An act for the relief of lnsovent debtors,
and for the more equal distribution of their
effects" beg leave respectfully to report.
That they have had the subject under
careful consideration, and in the Judgment
Of said minority OF your committee said bill
ought not to pass. And as some of the rea-
sons will be given for the convictions pro-
duced IN the minds OF your committee, we
will state our objections briefly to the bill
|. 1t places the adjustment of all cases
arising under 1t, in the Probate Courts. and
clothes those courts with important duties
and powers never contemplated by the laws
establishing them, If not indeed inconsistent
with those powers and duties.
2. 1t would lead necessarily to vast in
crease Of litigation, which Il should ever be
the policy Of the State to restrain as much
as possible.
3, 1t would greatly increase the expenses
OF litigation, by creating and employing a
new set of officers, not now called Into actu-
al service IN our system Of litigation.
celyers, commissioners, assgnees, solicitors
aud Judges, and all must be paid. Ii would
ellher greatly diminish or wholly expend the
property 10 be divided, so that creditors zen.
orally would have little or no benefit from the
distribution.
4. Il would seriously inJure, if not ruin
our present system Of credit, by increasing
the risks OF business, ana demolishing tho
security Of the creditor, so that men of small
capital, however honest or industrious, would
be debaIred from most of the advantages
they now enjoy.
D. II wholly takes away the right of pre-
ierring creditors, which a minority of your
committee believes TO be a moral risht. and
often one, the exercise of which is demand
ed by the strlctest principles of Justice. It
proposes TO lay low the most sacred privi-
leges and dearest rights OF man. And not
alone right and privilege, but moral obliga-
ton and the highest sense OF duly,--those
gems OF heavenly excellence and origin
winch live and burn and glow in the CON
scious Intelligence ofeyery creaturc,-would
be plotted out or suppressed through life.
The poor debtor feels the obligation, and this
conviction is his light lie argues that the
circumstances under which these debts have
accrued have been various some perhaps
are dou5ttully honest, that his convictions of
preference are predicaled on special favor,
aud we assume not the responsibility 10 chal-
lenge the recttude OF bis position, and say
to hun, thus far shalt thou 90 but no farther.
minority of the select committee are of
the opinion, also, that at least nine tenihs of
all debts annually paid under our present
system are properly directed and honestly ap-
Piled and that among the comparellvely
scattered population of this State, mainly On.
gagged IN agricultural pursuits, with small
capitals, yet industrious and honest. no such
change Is demanded as is contemplated by
THIS bill, that, aping the laws Of Massachu-
sets and changing our whole system of debt
ana credit, would be extremely dangerous to
the iulereste of the State.
Respectfully submitted,
SAMUEL CURRlER,
For Minority Of Com.