Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-17
VIRGINIA STATE CONVENTION.

DAT.
II. DAY. APRIL S0th. 1861.

T'resnAY. APRIL S0th, 1851.
Mr.. UaAuuLsS-The Committee in drafting
this ordnance, Intended only q temporary re-
lief vi e,uming that the Legislature would be
in sc:iou in a very few weeks, aad would 60
icto lie details cf the stay law.
This las is iatcrrc! FOR tie protection Of the
d,5tnr whn il called into The service Of the
State i assure you we ind very little idea
or taking uuch care Of the creditor. We
could not do it All stay laws, no doubt open
the door to fraud and while we do not mean
to do any injustice 10 the creditor, We did en-
deayor, il framing this ordinance, toaford due
protection to the debtor.
Tho main portion of the community are
debtors and inasrnuch as it is probable that
the larger portion Of those who will constitute
onr army, will con- from that Class We
deemed it but an act Of justice to guard them
AGAINST the losses which would result from q
sale Of their property under the depressing cir
cunstaaces attendant upon war.
In regard to the case cited by my friend from
Richmond, (Mr. MAcTAgLAHp,) il a grantor
CONVEYS his corn for the payment Of his debts,
and he csn consume i. before the Legislature
can pass q law with oil the details hich can
render it effective and just to all, | am per
| fectly willing he should do it to the detriment
of the creditor. will not consent, so faT as |
am Concerned, to allow The d eb:or Of the trus-
tee to consent to the sale Of his property at a
sacrifice, and, perhaps, under sonc lurm Of du.
Tes9.
While am mp, | will take occasion TO allude
to some other provisions in thar ordinance
which | know will be subjects ofattack By the
opponents Of this law. I allude especially to
the provision which requires the property now
under execution to be restored ~lthnu. : lien.
If you permit people 10 sue and g~ctjldgtncn;s.
and these Judgments are TO have the elect Of
i lien, you will invite thousand upon thou
sands to bring su'!g throu shout the Sta:e.
Our purpose is to prevent that very thing o!
lien, SO that the personal property ct the
whole people may not be tied up by q lien,
which would hold until after The war is over,
and result in immense loss.
Suppose you get a judgment and issue an
execution. Some poor man, who is of i'll the
service Of the country, has n so.d horse, lnr
instance, and his family, who NAV need the
price Of it to aia in their support, cannot dis
pose Of it, ~forsooth, because i! is under IL hen.
So that this whole s~ntjsct Of ION must be de.
stroyed if you intend to pass any stay la.
"AtSl VIII O.fIotS ~ lBC duSduIdHc VI tilDsc
who 70 into the serTics Of the State. A man
sues me yes an execution, and unless | give
security, he will sell my property ut a sacrifice,
as oil property nls! pc sold which goes to the
hammer st such times.
Mr.. MoRgls.-That provision, as ] under
stand il, places the execution now in the hands
Of tho ctfctrs, whether levied on or not, on the
same footing as 4 forthcoming bond, if the
debtor ,!E%r bond and security for the pay
ment Of The debt, interests and costs when
The ordinance ceases ~ operate
Mr. CHAHBLIss. la r. 9Illcn 10 that lien, he
can ssve himself from any loss. We do cot
intend to destroy the Effect Of any lien already
created, except by Tho consent Of the creditor
himself. Why, unless the debtor offers bond
and security for the payment of tie debt, in
terests and costs when this stay law ceases,
then three neigheors are called in, under oath,
10 value The property, and unless il sells for
iss value on the 9Th day Of November last it
is to he restored 70 the debtor without lien
Il o man is so anxious 10 secure his debt out
of this poor debtor, let him take the property
at wha, il was estI:stoi' 10 be worth at the
dale | have just mentioned.
SIN merely nqk:ng these general remarks
in orde: that the Convention may see tao
y!eEs that prevailed il the COMMITTEES in refer
renee to ,is ordinsrce. wish the Conven-
tion TO understand that the oo;ec. of the com.
mi.tee was 10 protect the poor debtors who a1e
called into the service uf the State, ard they
discarded eli system Of lien and security to
mhke the stay Jaw ~efcctual fer that class.
Mr. HAcFARLAHp.-l propose to amend ,hs
lrst section ty inserting at the end Of Tie
word money the following provision: "ex-
cept Of property perisiiable in its nature"
Mr.. CApehroN.- That precisely embraces tie
very description Of property held by the poor.
Mr.. MAcsARLASD.-1 would substitute for
the wcrd ''perishab!e in it's nature" the words
consumed 10 its"
Mr. McrrE7T. of Rsppahanncck.-The effect
Of the amendment proposed by the gentleman
from Richmond, OR. MAcPARLAHp,) in the
county | represent, would be to subject lG sale
the very property which Of Gil others should
be exempt. Those who are now rushing to
the defence of the State arc the people who
have neither land nor negroes; 80 that the cf-
feet Of the amendment would be to do away
With all the benefit to that class Of dehtcrs who
we're designed to be benefited by it.
Er. MCFARLAND Il hope i. will moi br con.
sidcred that | Gm at all nnfavorablo 10 the
class 10 winn the gentleman referred. |
think il is our duty 10 pay some respect TO toe
contracts Of parties. |. cannot be expected b.
one who conveys bis property 20 secure o
drb;, that it is likely to nc consumed by its
use. | %apprehend thai the Convention in ex-
empting tnnt property, is offering a premium
to bad faith. imagine that deeds of trust
will grow into d~islavor. under this legislation.
RI parties entered into contracts heretofore BY
which THAR property is made liable, is /: s!sti
for this Convention to step in and take away
the security which the contract giVesi ls thar
Just? Ii certainly cannot be, All | propose
10 dn is to bring before the minds Of the Cor
yention that whtls the poorer class of tho com
munlts is entitled to privileges under existing
circumstances, something is dns to con-
tracts, tia. something is due to the rights OF
creditors. Tt ere is no hardship in my o. tnion
in subjecting 10 sale, according to the agree
,rent of parties, property CT the description
to which my amendment refers.
Mr.. BoRsE.-The gentleman from the city Of
Richmond seems to think that steamboats,,
among other things, arc At subjects for exclu
sion from the operation of this ordinance. Il;
understand Alright, it is very little Inference
what becomes Of the steamboats,, 50 far as the
effects Of the ordinance, in a general sense,
ore concerned. Steamboats,, the few Of them
that are In the Stnte. are owned By persons
along the line of our rivers, who constitute but
an Insignificant portion Of our community
Sucn 40 exclusion as the gentleman proposes
would only benefit a few wealthy men, who
may have deeds Of trust upon that species OF
property; but no other.
trust that no such exclusion will be granted, !
aud that the proposed amendment will DO re-
jec!ed.
Tho question was then put on the amend
ment, and it was rejected
The question then required on tue amend
ment uftrred by Mr. CAPERTuN.
Sir. y. offered the following in lieu Of that
which lie had already submitted strike out
the word; ''far The payment of money," in the
4,h line Of the first section, ard insert 'uuless
by the consent Of the parties Interested"
ILL., G ~ nnaunnnt r abroad "a