Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1865-11-10
OBJECTIONS OF HIS FXCELLENCY.
THE GOVERNOR, 70 HOUSE BILL
ENTITLED

OBJECTIONS OF HIS EXCELLENcY.
THE GOVERNOR, TO HOUSE BILL
ENTITLED
n Id Attn addition to chapter one
hhndr,d loenty ono of he General Statute,
IN regard t. the discharge OF Poor Debtors.
EXECUTIVE CHAMBER,
Montpelier, Nov. 8, sos.
Hon. J. w. STEWART.
Speaker of he House Of Representatives
sIR;-l herewith return to the House Of
Representatives, in which House il originate
ed, the bill entitled An act in addition to
chapter one hundred and twenty lone Of the
General Statutes" which | have not ap.
proved.
The first clause OF the first section Of the
bill returned, refers to section forty-hye Of
chapter one hundred and twenty-one Of the
General Statutes, which is 10 these words
II the commissioners fad that the prisoner
has no estate TO the amount OF twenty dollars,
nor sufficient TO satisfy the execution on
which he is committed, exclusive OF such
property as Is by law exempt from execution,
and has not disposed Of any part OF bis estate
TO deiraud bis creditors, nor disposed Of the
same after his commitment, for the purpose
Of delrauding the committing creditor, or II
pr,ierring other creditors 70 him they shallad-
nit him TO the poor debror's oath and deliver
HIM two certificates in the form hereinafter
prescrlbei.' The first section OF the returned
OIL provides that Notwithstanding the debtor
may have committed any or al! Of these frauds
and fJf that cause has been denied the bene6ts
oil the poor debtors oath, he may nevertheless
make application to the County Court or to
a Judge OF the Supreme Court by petition
praying to be discharged from such mprison-
ment; and the subsequent sections authorize
the County Court, or such Jndge of the Su-
preme Court If he chooses 20 entertain the
petition, to order a Enal discharge Of the pris-
oner, TO take effect at such time az they de-
termine.
AL this too, is to be done without provid-
ing at all for the interest Of the deirauded
creditor
The common law, as accepted and admins
tered in this state holds all fraud in business
transactions in great adherence, and discount
tenances il in every possible way il annuls
and holds as void all contracts into the com
position OF which fraud enters, and holds
fraudulent party to make good in damages,
all injury he has occasioned to another And
our state legislation has from its beginning
stood boldly by the common law, going fur
ther than that could, aud imposing penalties
and forieitures upon the fraudulent party. As
a specimen Of State legislation, refer 10 sec
tions thrty-two and thrlIty-three Of chapter
one hundred a3d thirteen Of the General
Statute
The forty-fflh section Of chapter one hun
dred and twenly-one, before quoted, Is in per-
feet keeping and harmony in principle with
all our other State legislation upon the sub
ject Of frauds and fraudulent transactions
and 1t seems to me that the bill now under
discussion, both in spirit and purpose, is in
conflict with our previous legislation upon
the same subject Had the bill been put in
different form, aud contained a simple propo-
sitioh, 80 to amend section lorty-fiye Of chap
ter one hundred and twenty one, that any dis
position OF the debtors property which he
might make, with intent to deiraud his cIed-
tors, should be no bar to his being allowed
the benefit Of the poor debtors oath. appre-
bend that it would have met with little favor
from the Legislature. Does not the bill, in
its provisions, indirectly do the same thing
Is there any satisfactory reason why it should
become law. 1t seems more than proba-
bic tina; it was introduced and urged upon
the attention Of the Legislature to meet some
existing case where debtor has unfortunate
ly, IN his own estimation, thrown embarras-
ments about himself by some violation of ex-
listing laws if that be so, we are to remem-
Der that all Jail limits now are co-extensiye
with the boundaries Of our State. and the in
convenience to an individual from having to
reside constantly in Vermont, OF else psy an
honest debt, should not, think, furnish suf-
hcient reason for a change, which to say the
least OF it, is Teoed ny from the high tone
OF business morals and integrity, which our
laws nave hitherto uniformly insisted upon.
II Is not to be presumed that any board Of
jail commissioners ever did. or will, refuse
the poor debtors oath to one in prison, on
the ground Of fraudulent disposition Of his
property, until the fraud is clearly proved,
and when thst is done, TO turn him over to
another tribunal to be discharged, his fraud
to the contrary notwithstanding, seems repug-
nant both to the harmony of our laws. and
to sound justice.
These views have induced me to return
this bill to the House for their further con-
sideraton, and should it after that consider
alton become a law, shall feel more recon
ciled TO it than could have been had | ap-
proved it without submitting it 10 the second
sober thought of the Legislature
PAUL DlLLlNGHAM.