Weekly North Carolina standard., 1856-12-17
REMARKS OF MIR. PIrUntORD,

Of Warren, delirered in the House Of Commons on
the Trust and Mortgage Blu
MR. SPEAKER: The committee on the judiciary
have reported adversely on this bill, and | regret
that they have given no reasons for doing so. My
only object in introducing to the notice of this body
a 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, |
believe that am carrying out the wishes of vast
majority, not only of my own constituents, but Of
the honest, paindealing, and hardworkng constitu-
ency of the State. The bill only proposes to give
every honest creditor his equal proportion of the
proceeds Of the estates Of insoventS, or in other
words, TO 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 this subjec:. | am, to-day, met with the
objection that it Is grave measure, requiring much
debeIation 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 obtain the assistance Of all that
kind 81 talent IN the house, to aid in perfecting
bill calculated to obvate all reasonable objections
and carry out what are certainly the wishes of the
people. The present bill, it is said, is radical
measure, upsettng all the common law of the land,
and constituting very serious invasion on the sane
tty of the revised code. confess TO the possession
OF but little respect for those legal traditions consl
tutng common law, whenever they come in cvntct
with common justice and the known wishes Of the
people 10 the cOmpiiers of our revised code
cheer(uily accord all the talent and integrity which
they are known to possess but cannot regard
their work. the last of the three ybilne books
OH the preservation and unapproachabc integrity OF
which the very existence OF the State depends The
facilities for the evasion OF payment OF just and hon.
est debts, numerous under the existing laws,
and frequently reSorted to. that creditors gener
ally consider hopeless ali debts, the payment of
which is for any considerable length OF time, de-
ferred. Under cover of the present law. cases of
Outrageous injustice are so frequently occurring,
that general feeling of indignation pervades the
public If voluntarily execute deed in trust for
the benefit of all my creditors for the payment Of
all my just debts pro rata according to the provis-
ions of this BILL by so DOING violate no law OF the
land either common or statute, neither do l evade
any requirement of common honesty. Circumstan-
ces alter cases, | know, especially when considered
morally; but speaking in legal way, am at loss
to conceive how an act performed voluntarily in one
case, can be called just, right, and praiseworthy,
when the very same act, performed by compulsion,
is unjust, immoral, and radical. l not if be
called radical, or red republican, even, my motives
arc honest and my object is good one The prin-
cpa objection to the bill is, that it does not accom-
plish all the objects in view. l grant it; but all
acknowledge that it does close up, at lcssl
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 sothful one; but the
same maxim in another dress, would read thus: {:
"The law favors the rapacious creditor to the ex-
clusion of the merciful 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 expcc:a-
tons at this moment, still believe that this bill,
one similar in its provisions, will ultimately secure
the approval of this body and be followed with the
thanks Of those who sent US here.
From the Pennsylvania.
Two JuDGEs.-THE CoNTRAs.-MR EDITOR: The
late political course Of one of our Judges, William
d. Kelley is well known, and SO justly condemned
by the puolic, not to require any comment at my
hands.
His withdrawal from the bench evinced selfcon-
demnation sufficient, and was just sentence, and
highly approved by the PUBLIC, as any during the
whole courts of his term.
By way of contrasting Judge Kelley's course with
the remarks of Judge R. NJ Saunders, of North
Carolina, who, being present, responded to call as
follows:
Hon. R. NJ. Saunders, being called upon, and re-
ceived With loud and continued applause, said, that
| while or account of the distinguished position he
had the honor to hold he was not permitted to en-
gage in any mere party contest, or rejoice in any
mere party victory, yet he at liberty to rejoice
with his fellow citizens the defeat Of sectional
ism and the triumph Of nationality. His remarks
were brief well timed and strictly in keeping with
the exalted position he SO ably fills. He took his