Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1859-11-30
PLEADING UsuRY-REpLY TO "VER,

SououCt buu HlOIdIty VI Aic" f'~"6 "1o'
and, what conc rms me nsst in common with
the profession, upon theisjustice and dshon-
esty of these attorneys sho act for such par.
ties. IA to the gentlem,n's political economy.
| have nothing to say. is a deep science
wherein shalio ow minds nay utter their plati-
tudes IS well as great minds. become be1il.
dered. To Which of thee classes our friend
belongs it matters not When he wrote the
article in question he may have been where
"t,nth" Is sometimes caught accordir 6 to the
old sayinc-"in Vino, Isvi'as" All we have
70 DO ii 20 stick tn our tia..e and give him
little W. ouchei up wi dash OF equity.
The gent ernan thinks i 'horrii' for an at
,orney TO intsrpose the defence of u,ury.-
And Why? Because the party bas promised
to pay II. let US see. A minor promises
to pay for god watch (gavanized) SIX dia-
mond ;pas'e) rings etc. in fact. fall samples OF
the contents Of an old Jews shop. bought by
him in the reckless folly II youth. The afore
eaid Jew, aggrieved, cues the derelct juvenile.
The law Common law, we mean, not Iowa
Statutes) says he is not bound to pay. Not but
that the Jew ought to have what bis select
tyouteris was really worth in common hon
esty: but because the consequences Of charging
miners with debts incurred during their mi.
nority would be every sort Of cajolement,
fraud and imposition. And 80 the law ad-
judges. and very wisely that the old Jew had
better lose his pay than that wise and salu
tary rule be infringed upon.
Aud in this case an attorney can be found
base enough toplead the. .iafancv Ia " common
ly known as the baby Aet.' for the verdant
youth. Israel groans and says "that lawyer
will scratch poor mans head" Doubtless he
would if he dealt freely with Israel. Look
| again, "Veritas" You have lived twenty
yasrs very happily in your homestead with
your wife and the young /" Veritcsses;" have
planted orchards and vineyards, and bull,
barns and store houses
John Smith, who left this fair land twenty
FIVE years ago, ard has since been ''ruralizing'
I in Texas for the benefit of his health, and te
avoid needlessly troubling the Grand Juries
suddenly returns; he claims that fine farm anG
it barns, DC, the fruits of your industry fol
| twenty long years. You set your attorney al
work and after thorough search it is found ;ha,
John Smith has a per .ect title only it is about
thirty years old, and you have had quiet ant
pesceable possession for twenty years. You
o immaculate Verita, would you plead
would you employ an attorney SO base as t.
plead the statute of limitation fear yo,
would, Veritas, and yet the land and the fe
thereof is in the Smith family by legal right
Again, Veritas, you oneday, in an exuber.
ance of generosity, told Mr. A., who was
creditor of your friend B. to the tune of $500
for store account, that you, Velitas, wou.t
| pay the bill if Mr. B. did not.
Mr. A. in time, punches you up, but you ar
| pressed by your own honest debts fVerita
makes no other, and you gracefully decline t,
ray,
Mr.. A. brings suit
Will you, 0 veritas, say or will you emplo,
lawyer 80 base as to say that it is "a pronis
"to answer for the debt, default or miscar
riage of another" and so you are discharged
, fear greatly you would, Veritas, at least i
you did not, you would not knock down you
attorney. who told you that you were dis
charged by the statute of frauds.
A word more, Veritas, in parting: Th
books are full of cases upon the statute Z
fra uds, the statute of limitation, the plea of in
fancy, and, l might add. upon the usury law
presentin9 every phase Of hardship. Yet new
er was such howl raised over the baseness
| attorneys.
1t is clear, Ver itas, that you don't understan
your subject; you don't appreciate an attor
ney's obligations. nor the weight of his oath :
you do not and cannot discriminate between
mans professional acts and his private cor
science.
Every thief and every murderer has his pro
fessional defenders, and no howl is raised owe
the baseness, the bloodthirsty tastes or larct
nous procivites Of attorneys For your salts
faction l wish you would have vote takel
which shall show the sentiments OF the Daver
port bar upon the professional course of the
| brethren who are so unfortunate as to encoun
ter the displeasure of "Veritas, and will wa
ger champagne supper that nine out Of te
| will vote that it is strictly professional an
honorable for an attorney to plead usury.-
They will say that the course of these "base
attorneys upon the usur5 question is entirel
consistent with honor and life of morality
That these attorneys are no more addicte
to the practice Of putting their hands in the
, : ueiehbor's pockets than others, and that tht
~, " have the esteem of their clients,
f.;,h ful, and are not intallibly "despised" b
them. -,
sion. a Sc ntence from one of the greatest an
wisest iud. res that ever shed lostre upon Il
ermine Of the bench. "The rule in = rari dslit
"oot.or es. c: ,nditio defendentis. applies on
"where the pa rites are equally guilty, as in b'
"bery and the like But the statute of usu
"was made to protect needy and neeesslto
"persous from the oppre ssion Of the usurer. al
"noneyed men, who are eager TO take adva
"tage of the distress Of othe-s. "hiie they'
"the other hanel, from the pre- ssure OF their d'
'tress, are ready to come into any terms. and vi
"their eyes or en-, not only to brea K the law,b
| complete tb cir ruin. It is an abuse OF teri
"to say that he who is driven by great pecu
''iary distres !, to submit to the exactions OF
"usurer, isa particeps criminis with MS
"pressor." aa.
Now "veri ta.;" for your comfort you b
better get the ,obnoxious law repealed. bu