Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-08-09

be to the richer classes, while til. poorer will
be compelled to suffer.
Mr. CARTER have had this subject
under consld ration some three times; there.
fore move the previous question.
The previous question was ordered, and the
main question being upon the adoption Of the
amendment was, upon division of the House,
by vote Of ayes 3S, noes As, decided in the
negative.
Mr. Cecil Il move that the whole subject
be indefinitely postponed.
Mr. DoKMAS-I understand the question be-
fore the House tc bc upon the indefinite post.
nontmen. os this ordinance. trust it will
not be the pleasure Of this House TO agree to
that motion am certain TO question has
come before the Convention moro pregnant
with importance than this stay Law. have,
to some cx;cnt, seen the operation Of It in my
own section Of the country, and am satisfied
that the sentiment of the community is de.
cidedly adverse to the law passed at the pre-
rious session. | have taken it upon myself
10 make some inquiries upon the subject, and
find that SO Far from their being y necessity
for sweeping bankrupt law, such Law
would excite the utmost Indignation among the
neople | have no idea that in my country
there is the least disposition upon the part Of
creditors 10 press heavily upon debtors.
The only question here is, whether we shall
NOT have some regard for the interests Of both
classes? So far as have examined this ordi'
nance. | an, better satisfied with it than with
tho old one; and hope it will be the pleasure
of the Convention TO pass il.
Mr.. H.YwoSp-1 should have been in favor
of the ordinance reported By the Committee, if
the amendment offered by the gentleman from
Rock kbrdsc had heen adopted. As under
stand it, the ordinance proposes tha! unless the
property shall sell for three fourths Of the
amount Of its value, according to the assess
ment made on :he sixth Of November, loGo, 1t
shall be restored to the debtors. This think
is emiEentiy proper, but at the same time II
should ba restored without lien. Since, how
ever, the Convention have refused to qualify
it By the adoption Of the amendment suggest
cd, I hope it will DC the pleasure cf this body
to indefinitely postpone the sutjecI. At the
next session We may be able 10 bring it up,
and in new shape, which vii. Dc satisfactory
TO al parties.
The question was then taken on the motion
TO ind, fiai.cly Pos;pone, and on division OF
the House, by vote OF ayes 80, noes y, and
it was decided in The negative.
Mr.. McfrETr Il move 70 add al the end o!
the Sd section, the words: "without lien on
any of said property except slaves.
There may be sonc objection to restoring
slaves without lien, because believe slaves
will not sci, for what they were worth on The
9th day of November 1860. Unless an amend
iucnt OF this nature is adopted | shall vote
against the bill.
Mr. MONTAGUE II caano. vote for the aGend
ment, fer single reason, namely, d. no: be-.
lieve in special legislation. | am unwilling &c
except any species Of property. L.. lie or
dinancc operate On ali alike.
NJ. DoEMAN y do not think there is any.
thing reprcheHsibie in the amendment. Every
thing OF productive character Will command
full value. call for The previous question.
The prc7ious question WAS sustained, ard
the main question being pat on the adoption ot
the amendment, il was decided ia the mega
tive.
NJ. klLEy.--I now call for the previous
question on the ordinance as amended.
Mr. Bcvp.-lf the gentleman will withdraw,
7 will renew the call.
Mr. ErLBy.-- Certainly.
Nj Born Il more TO add &c the secoa& sec
ton the following: And where G deb. is Sc.
cured by { d:ed OF ;rus. OF mortgage, which
the creditor would have . right 10 enforce, but
for the prohibition contained in the first Sec
ton of this ordinance and the debtor shall
have failed to Pey enc :ear'S interest thereon,
the creditor shall bc entitled to enforce the
deed Of trust or mortgage, as 70 the sale Of so
much Of the property as may be necessary 10
secure the debt As the gentleman called
for the previous question: now renew it
The call being sustained, the main question
was pnt, ard decided in the negative
MT CHANsLlss-1 move to amend the Grdi
iinance by striking out Of the first section the
following: No sale Of the property Of any
person shall be made by virtue Of any writ Of
tier; ft,cias, renaitjoni e1poaas," &c, and in
s.rtng: BE it ordained, that no execution o.
.feri facins Or rsa9itiont trponaS, other thar
IN favor Of The Commonwealth. and agains;
non.residents, shall be issued from the date
hereof by any court OF record or magistrate
for tho sale Of properly, until otherwise pro
vided or Law. Nor shalt there Ue any sales un
der deeds Of trust or DEGREES, unless by con
sent Of the parties interested, until otherwise
provided by Law
Mr. BERL,S.-I r!se for the purpose OF in
sisung upon the adoption Of the original sec
ton. In order to SHOW the necessity Tor 4
provision OF this character, it is only necessary
to refer to two facts: If this section remains
as it is, it must necessarily seriously effect ell
the loyal citizens Of my portion Of the State,
who are driven from their homes by reason ci
the presence Of our enemies. know gentle
men here present, and many others who are
with the Southern army, who have found it
necessary TO seek refuge in the Valley o
Virginia. by reason of the fact that they would
be held in custody by the enemy. I,iS, there
fore, important 20 have such justice done them
as will prevent their property from being
seized and con6scated. t:ayo been informed
that no less than City or sixty citizens have
been driven from. their homes, and that It is
impossible Cor many who are absen: 10 return
collect the money due them and protect them
selves against fraudulent claims which may be
urged The effect of this amendment will be
to protect this class OF men. They have nt
prospect of being able 10 return TO thu: ncis!r
b0rhood Coz some timo to come. They hare
no assurance that ,heir property will not be
sacrificed by being seized, uader Cover o.
fraudulent cl,ims, aid conreycd froHl their
possession.
Mr.. Cox i cali IL. !hc previous question.
The raj! being sustained, the ma!n Question
was GjGcrci or Tie substitution Of the OLD Sec
tiOn for tic o!:c 81: pr. sent IN the ordnance
and on 4 division, by & vote Of ayes 10, noes
80, was decided in the Affirmative
Mr. Goope-[ believe the Chair did not
count me. and ask that the vote be taken
agar, l'aughtcr)
The PGEsloeNr Il! there is no objection the
connt Will again be ;aEea TO accommodate the
gentleman.
The diviSion waS accordingly msde, and the
vote resulting: yeas AZ noes SO. The amend.
nent vas adopted.
Mr MoRR.s s-I mosa tc amend the 9Th sec.
ton by striking out oC the 9Th line the word
when" md iaser!iag the woId after.
The amcnuDcn; WAS agreed t..
Mr.. CApEGroS.-l: is very c1iaen: this
ordinance csnuot te put into proper shape
without grta: difficulty. T>crc arc several
defcc:s in tho original ordinance, which it is