The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1885-09-23
a RELIC OF FEUCALISM.

a RELIC OF FEUCALISM.
A. none Others will come to the relief of
women from the expressions caused by the
operations OF the avs of bailment, we feel
constrained to make the effort.
That a custom originating i'm the dark ages
should be continued, and in every way en-
couraged and even required, by our laws,
would seem to prove it had right and equity
for its foundation. 1t has neither. 1t has
nothing whatever to stand upon except Gus
tom. That one man should stand for, or be
holden for, the debt of another, he having NJ
advantage nor interest in the transaction,
has no reason for it. no justice in it, and no
excuse except that legal sham. ''his next
friend 1t is in direct conflict with that
other principle of law, the law of ''cOnsidera-
ton the grid pro gro, which governs all
through the whole volume of laws. and which
is based on the plain common sense of man
kind
They tell us it comes from that source OF
all our common laws, the feudal system OF
England. But the feudal system OF England
when every Baron was lord over not only
the property, but even the lives of the peo-
pie in his petty dominions, is not the system
nor the civilization OF this country and this
age.
Ii we had no laws by which suits could he
brought and collections made outside
OF each township or baillwick, and
if our county Squire, by his mere word,
could strip us of our property, he would
be very proper person to go on the note
of one of his own subjects in payment for
COW bought on trust from man of an adj
Joining district. Under the feudal system it
was right and proper, and no doubt necessa-
ry; but apart from this system it was neither
right nor necessary to support it. The harm
it infiicts, especially upon women, is wide
spread and in sight everywhere. There is
scarcely man who amounts to anything but
who has been victimized more or less by '-go-
Ing bail" Where is the man or woman ever
benefited or even grateful, when some other
man has been compelled to pay his debt?
The husband goes bail without his wife
knowing anything about it, Lo, his prop
erty, nearly all of it is jeopardized,
and perhaps goes to pay the
debts Of one from whom the indorser
has received no consideration or benefit. 1t
has been no act nor deed of hers-far from
IL. Indeed she would have seen all those
who were connected with the transaction
scorching first; yet if piece of real estate is
s,luarely and fairly sold the law says the
deed must be acknowledged by the wife
apart from all coercion or compulsion. This
is an inconsistency in the law that grand
est % all human inventions" TO so care for
the interests of the wife in the one case and
he 20 indifferent To her rights and interests i'm
the other. In looking over the many pri-
waite fortunes lost and the families reduced
in circumstances, perhaps brought to pau
| perism. through this beloved remnant of
| fcudaIisIn one is bewildered to- find aay eS-
| cuse for the law. It's adjustment would no
| doubt cause arrangement in business affairs.
| The banker must look up new line of Sc
! curity in collaterals-and no one could Dor
row without coIlaterals or gilt-edged repu-
tation - this would contract the vol
ume of credit Well. let it
| contract, say the masses, whose uni
! versal verdict is for the abolition of
bailments. And this Ubiquitous custom
would so but for the opposition of money
lenders, Shylocks, and the army of civil Off
J GERS. They are not our best citizens, nor the
! most loveable; we might say they are the
most despised; whilst the victims of this law
are always from the frank, free-hearted aud
! generous class.
In management and influence the opposi-
ton would be great, and in numbers they
are not to be despised; hut we do think
revolution in this matter in Indiana could
! be begun that would not go backward. III
the women OF the State would petition our
Legislature for law securing to married
women the same safeguards in the matter of
bailment that exists i'll that of deeds-none
| genuine nor valid unless countersigned by
the wife-then would the evils OF bailment
/ disappear. When friend of the husband
/ 'honeys' around him and gently invites
him to go on his bond, ne can answer,
/ Certainly, my dear friend, If
my wife will join it would almost
extingiiish the practice. With proper ef-
fortwe could get thus much legislation in the
premises enacted during the next session of
our Legislature, and give the business men
| time to adjust themselves TO it. Such change
of our laws from the old feudal system would
be grand achievement Tor our day and gen
Grafton. Let the people of our State rise equal
to the emergency, and ask their law-mak-
/ ing body Of Indiana to place itself on record
and our State in the front ranks of justice
| and right to all citizens, by doing away with
the. institution Of bailment; or at least, of
protecting women, as wives, in their joint
/ property rights, by making their indorse-
ment to bail bond as necessary as it is to
deed or other conveyance of property.
SAYS an esteemed exchange: When Mr..