Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1862-11-07
REPORT OF COMMITTEE on SEN.
ATE BILLINGS

REPORT OF COMMITTEE on SEN.
ATE BILLNO. 5.
An effort has been made several times
but hitherto in vain-to amend our law IN
relation to attachments and the disposition
of the property of ms ilv-nt debtors. An
elaborate and well drawn bill for that pur-
pure was introduced last year by 5 nator Ed
munds. and supported by HIM and others
with great ability. Il passed the Senate but
was defeated in the House. The subject Vas
brought forward again this year, in a bill Of
a simpler form and differing IA some pro'is-
ions. to obviate srme OF the objections press
Ell against the bill Of last year. The report
of ur judiciary Committee Of the S-n,te-
Il n Geo F Eimunds, Hon. j W Stewart
and Hon. II E Stoughton-in favor Of the
passage OF TIE bill, with an amendment or
two. Isl clear ami welghty argument against
the injustice aud evil influence Of the system
50 long in force in tins State. The subject is
me OF such importance that we insert below
report twita the exception Of few par
asraph-) to which We r-ier
our present Law OF attachment as applied 10
debtors W are not a'le 20 pay all their debts,
o. whom o y this dill appies). stands upon the
max principle that be credIt,r who shall fret
break up the Business # the d-bt.r by attach ng
O. al b. "a shu T. "A
pose Of the property By ioTeud sale, and TO re-
c i've therefrom his tull debt and costs, leaving
the other creditors who h 4 been mlre mercifal
and lers graspiLg and svaricious, (shi;h elias
generally inc udes widows, orphans and poor peo-
pie upon whom sucn lJssvs tall heavily to get
ii tie ur nothing upon their deots and l. frequent
ly hap ems that the very property which the Law
nov gives a. a reward 10 the creditor who shall
frst puunee upon al unfortunate debtor. was far
nIsb,d 4 hun By creditors who get nothing IRON 1t
Whatever. The Injustice Of such law TO ih-
cr,oi and IT'S opprvssIyenrss 10 the debtor. are
20 obviods as T. need ho extended discussion. A.
10 creditors, the great maxim tast Fg4airfy IS
Egguy," applies IN full force As g. tne debt
or as dc from bis Obligation 10 do equity, the ex
i.ting laW-oesides beng the means Of frequently
running him and lis family, when Otherwise he
would have been atie t. Ply his debts and support
and educate bis children-cuustantly tempts MN
10 commit frauds against his creditors, by collu-
sive sales and shifts, in order that lie ma 70 on
with bis business, or wait till what BE- may consid-
er better times for the payment OF his debts
Our present law as to assign ents is based upon
the justice Of equality among creditors, but II Is
not 50 guarded AZ to prevent constant evasions Of
its salutSry provisions. But while the debtor is
n US required TO do justice IN bis own disposition
of DIS property, every ont Of his creditors is by
the law OF attachment induced TO commit the same
injustice which is intended TO be for BID hun
The census returns chow that Vermont is fast
falling hehtnd her Ataffa ia
wealth and population, and almost at =
stand-still in rsspecs 10 all those thing upon when
We meet depend Tor our abihty 20 meet The ener-
nous expenses OF tn times. 1t appears to your
Committee, therefore, that we ought to make every
reform, and try every experiment which may
promise any benefit in these most Important re-
speets.
sit Is universally true that the property Of q
debtor is comp sed Of the aggregate Of the contr-
buttons of al his creditors in the proportions in
which be had received CT. dit tor them, it Is .
universal prime PIE recognized thou h not always
acted upoD) by all coies Of laws. and obyiou-ly
dictated By TIE noIi"ns Of right comm.n 10 all
men, that the property Of debtor b, long 10 hs
creditor 10 the amO1nt IF their claims, and that
wlen distr buted among ID N u ought to b. die
posed Of In tue s,m- p opurtiOns. These j4st d
srlutary principles ar made eff ctive in our Nv
laws, concerning the property Of deceased debt
1t is respectfully urged upon your attenti u
that the sam rule should De prsc iced in The case
of living d otor who are Do longer aple to meet
th ir eug ,gvmeuts. 1 cannot De m4iutain-d that
the right Of creditors ur their relations u the
pr p-rty OF a debtor, justly changed by the |
accidental Circumstance OF MS death. lie leaves |
behind hin the same prop rty aud the same obi |
Cation, nothing more, nothing less: and 1t is a |
rvproaen 10 the 81 int Of our laws. that a d.btor
whiie living is liberty to vi late those princi-
pie. Of Justice and qua ity. Which control his Ie-
al 70 after d4afh
The wealth OF our TAT does not relatively
speaking) n,Ist Ut capital IA uoaey but in its |
txnauslsss stores of Ia urdl pr ducts a. IN the
labor Of It's frugal AMI Industri6 Us pc, pie But,
wolfe under more just and hamsne Ia~s sumo Of |
our lister states have bee the very hives 4 |
busy industry, employing the forces and products
of nature in the mecnanIc arts, and furnishing
occupation Tor their children at home and SO s.or-
ing up the wealth and strength which are the
prime elements IN the progress Of a state, to 9
large degree our own waterfalls still flow unused
forests still grow in silence our res and quar-
ries still lie unwurked aud sons and uau ghters
seek, IN other 1t ties, that protection to- and foe
tering care over, their INDUSTRY, which they fail
TO nod al home. very year adds to the accumu-
lating evidence that this state OF things is, to
very great extent, produced by that defurmity IN
our sys,em OF laws whica offers a premium TO sell
hshness and oppression, and holds ont a constant
temptation 10 esery creditor break up the BUSH
ness and destroy the prosperity OF his debtor, as
we'll a. tie security Of other creditors lest some
other creditor should outrun him in the racs Of
injustice, and hrst commit the same wrong.
ana in thus connection it is submitted to your
tina, alter IN vrtuuste but hon
est debtor has given up ali bis property for the
equal benefit OF mis- creditors and n.s b, reby paid
q certain Per ceHtage upon his debts, be should
have bis future earnings secured 10 his future
Creditors, rather than 10 leave bin tramm-lel AID
bound oy his old engagements, to the discharge of
which be has thus devo ed bis all. For experience
has proved that the light which may lie reserved
~ the piior creditor OF res. ring To the newly
acquired property of his insolvent debt or il rarely
ot any value; while, on the other b Ind il is. in
, great majority Of cases, ruinous to- the debtor.
or it deprives him of the sronses; IT olive To per
'ot al exertion, which from Il % hone of sc
lairing property and independents il depresses
md breaks down his mind by the ever present
onsciousness Of q weight Of debt, which be can
lever remove it prevents his FRI end. from ren.
lering him assistance ~ re-estab Jish himself in
usinsss and it tempts him to svsde those mis-.
ortunes of bis condition. BY ting TO unworthy
nd immoral shifts and devices to screen and cover
is 81 nty gain from the grasp. of some zreedy
I'd relentless creditor. On Il o whole, therefore,
appears clear. that the .rional loa 70 crsdi-
~ By their dischargs from rlrior dsbts,s largely