New Orleans daily crescent., 1866-03-03
REPORTS OF COMMITTEES.

Mr.. !Simonds, in behalf of the Judiciary Com
mittee, reported favorably the following bills :
l. Relative to the prescription of actions.
2. For the relief Of James NJ. Pinnegar and John
Mclean.
And unfavoraby on the following bills:
| l. To suspend prescription in certain cases.
| 2. To confirm the acts of judicial officers per-
formed during the late war.
Mr.. McEnery from the Committee on Internal
improvements, reported favorably on the bill au-
thorizing the Vicksburg, Shreveport and Texas
Railroad Company to change the eastern terminus
of the road. r- .
Mr.. Walker, from the Finance Committee, re-
ported unfavorably on the subjoined bills
l. To amend an act entitled an act to provide
for increasing the revenue of the State, and raise
means to pay the interest on the State debt.
2. Making an appropriation for the payment of
the salaries of district judges; unfavorably, be-
cause already provided for by appropriation.
| 3. To amend the sixth section of the revenue
law of April 4, 1865.
| SOLDIERS RELIEF BILL REcoNsIDHRED.
On motion of Mr.. Thieneman, the vote had yester.
day, by which the Senate substitute for Mr.. Nelli-
gan's bill for the relief of disabled soldiers was
passed. was reconsidered and the subject referred
to the Special Committee on Soldiers Home.
AN APPRA1sEMENT LAW.
The Senate bill modifying the law relative to ap-
praisements for sales under execution SO as to re-
quire properties so sold to bring the full amount
of appraisement, then came up as the order of the
| day on its third reading.
| Mr.. Gates addressed the House in favor of the
bill. He felt deep interest in its passage, know
| ing its necessity. 1t was not ordinary poverty
that was to be dealt with in many cases, but abso
| lutte want of bread. The constitutional objec
| tions raised he did not regard as well founded
The bill simply provided that property should
| bring its appraised value. The right of the cred
| itor to prosecute to judgment and seizure was un-
questionable, but there his right ended, and be-
yond that it was competent to protect the debtor.
| The appraisement was neither right nor remedy
of the creditor. 1t was a protection thrown
around the debtor. Mr.. G. could not comprehend
how gentlemen reconclled their opposition to this
measure and their support of the bank relief bill,
in a constitutional view Gentlemen argued the
appraisement bill was a suspension of the laws
for the collection of debts, but much more clearly
and directly was the bank bill suspension of the
laws for the collection of debts against banks. 1t
was proposed to suspend the law of 1866, which
gave the bill holder the right to seize and sell the
property of a bank refusing to pay its notes. The
proposition was to deprive this bill holder of his
right and his remedy. Banks were in law persons.
How was it more unconstitutional to suspend the
laws as to private individual, than to suspend
them as to private corporation? Both had put
their names to paper, and both were in precisely
the same category in law. But admitting doubt
full consttutonality let the distressed debtor have
that which was allowed the criminal at the bar
the benefit of the doubt. The agriculturist was
the source of all wealth. 1t was his industry that
built up this city, and it behooved wise people
to assist and encourage and not crush him.
Mr.. Mcconnell confessed himself in dilemma
as to the to pursue in regard to this bill.
Some phases in which the question pre-
sented itself demanded a circumspect vote His
mind was clear as to the constitutonality of the
measure, and for that reason would fail to afford
the relief anticipated. Although he believed it
would be injurious to New Orleans in causing
capital to shun the State, he could not ignore the
argument that the vote of the city representatives
was unduly influenced by sectional feeling The
| mputaton was not just, and he would wish the
minds of gentlemen from the country disabused
of it. As he was informed by those gentlemen,
the distress was great and general among their
constituents. Valuable plantations would be sold
for little, in many instances to pay debts for
negroes emancpated by the war; and as gentle
men were willing to take the bill with its constitu-
tional doubt, he confessed himself in doubt as to
how he should vote. This was one of series of
bills all having the same end in view-the post
ponement of the payment of debts; and, he SUP
posed, unless more conciatory spirit prevailed,
all would be passed. One of those bills provided
for a suspension of the article of the Code of
Practice on executory powers. That certainly
could not be done. He would suggest, therefore,
that the subject be recommtted, to allow the
Judiciary Committee to prepare a measure free
from constitutional objections
Mr.. Scanon could not aecede to the proposition
to concede his constitutional objection, or as it was
I termed doubt" He had no doubt himself Of
the unconsttutionality of the BILL and were he to
sacrifice his constitutional convictions, he should
deem himself unworthy of American citizenship.
Mr.. S. quoted judicial decision, in case which
he argued was analogous to the present to show
that the bill clearly in violation of the clause
of the Federal Constitution relative to the ohliga-
tons of contracts. He had taken an oath to sup
port that Constitution well the Constitution of
the State, and that oath was with him sacred. If
any measure of relief could be devised, void Of ul-
consttutionality, he would cheerfully support if,
but he would leave to Northern fanatics and radi.
calls exclusively, disregard of the fundamental law
of the Union, and keep the people of the South
innocent of disrespect to that instrument to which
they were looking for the protection of their
rights.
Mr.. Fenner would not discuss the bill but de-
sired to say few words to its friends. bill had
passed the Senate and was with the House, chang
ing the law relative to forced surrenders They also
had homestead bill ON its progress, and step by
step they were going farther and farther to i'm
pair credit Ifgentemen were content with these
and would stop here, would not press other kind
red measures to amend the Code Of Practice he
would compromise by voting for the bill under CON
sideration.
Mr.. Elan, Mr.. Stille in the chair moved the pre-
vious question, which was concurred in, the bill on
its third reading.
And the previous question having been ordered,
the bill passed-yeas So, nays29.
Mr.. Walker moved a reconsideration.
On motion of Mr.. Montgomery, that motion was
laid on the table,
The bill was then returned to the Senate. |
| MISCELLANEOUS. |
| Mr.. Eager's bill to refund costs, charges and
interest to tax payers who paid taxes for the years
| 1861, 1862, 1868 and 1864, having been returned