Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-16
Congrefs Of the United States
Houss OF REPRESENTATIVES..
February IS, 1903.
BANKRUPT LAW.
CancA6ed.


courle Of the debate, he had been initruet-
cd by information of which he was not
weyiouily aware. Mott of the ohjetii-
ons urged agaiult the Bsnkrup, iyitem
affected more the principle Oh which 1t was
founded than its details. A ci!tlncsion
has been drawn between the authority un-
der which this law is paaed, and that OF
other laws in relation to perions inioivent.
Taking the difineion, laid down by the
gentleman from Virginia as correct, and
il follows that the contribution has decid-
cd the foundnels of the principle OF the
Bankrupt law, by not giving US the pow
or Of creating an Infolvent law, except
where individuals are in confinement IN
der laws of the United States. The
contribution, therefore, having decided
this point, has iuperceded the neceiiltg
of all dicuGion of it here. As to the
particular objections, made to the law,
amendments may remove them. Ii the
diRria Judge fhall be empowered to re-
wife and difa,low, in cafe he fees tit, the
proceedings of the commiaioners, that is,
peaels Ethe ultimate right of deciding en-
The whole buiinefs, many Of the exiting
objections will be removed. He wiihed
il 70 amended, believing the general
trrincipie, OH which it was founded,
found.
Mr.. Bayard fail there was not time,
nor would the Houfe have fuflclent pail
euce TO enable him TO comply fully with
the call of the gentleman from Mahaehu-
ietts fMr. Haaings.) But as he had re-
ceived a call from the gentleman from
Virginia (Mr. Newton, to aniuer Which
will NOT require 70 much time, ne could
pot reG2 the civi.ity of reply. That
honorable gentleman has called upon me,
as the champion oftbe commonlaw, 10 re-
conc;se what to him appear as inconiiit-
ences with that fyGem certain parts OF
The Bankrupt at. l ought, fad Mr.,
Bayard, to return thanks to that gentle.
man for calling me the champion OF the
common law. If bellows any thing,
7 believe that law is the iource Of all TIE
rights and Liberties of my countiy.
be 1--we kat it is owirg to that aw, that
we, now hold 70 proud a fuperiorlty 10
England, Fran,e, and other nauons.
Give me leave to Gay shere is net tate
in the union that has not adopted 1t; and
where il does not form part OF the code
of laws under which criminal and civil
iurifpradence is administered.
The honorable gentleman has told US
tbat under the common law wife can
NOT be examined in cafes where her hut
band is concerned and he contends that
under the Bankrupt Law contrary prac-
tee IS authorized. 1t is true that, under
me common law, a wife cannot be exa-
mined either to condemn or acqult her
bufbanI. But if the gentleman had gone
farther, he would have found nothing
anomalous in the proviGons OF the COM
mon law and thofe OF the Bankrupt Law.
". woald have found that ple latter does
~, allow houle TO be divided againf
;tfe,s one half 90 be examined, and the
.sthsr not. The common law does nor
allow a man 10 be examined agaiEf him
4eH: bur the Bankrupt act does, and
alto allows wife to be examined. Ii
follows, therefore, thar the individuality
Of man and wife is moi affected.
] am aRoniihei that gentlemen hothd
oppcie this law on principles 70 oppohte
and contradictory that they deitroy each
other. Some gentlemen complain OF lis
rigor, while Others condemn It Tor lis
,sSity. How are both ihese descriptions
Of gentlemen TO be pleaied | believe a
nroper mediums between thele extremes IS
.bra. With regard to the objection urg-
ed aesina the feverity with which the
law punilhcs fraud. and winch has 10
aronely excited the isnilbility OF the
gentleman from Virginia tMr. New'onj
F Is incorrect. Ga this iubject The gen