Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-03-23


Friday, March II.
The motion yesterday submitted by Mr..
Stokes, relative to placing ouoys at certain
inlets and shoals of the coast of North
Carolina, was taken UP and agreed to.
One or two bills received second read.
ing, and were referred
BANKRUPT BILL.
The Senate resumed, as in committee Of
the whole, Mr.. King Of Alabama in the
chair, the consideration of this bill, and
proceeded with the details thereof, and
having made one or two minor amend.
ments:
AR. Eaton moved to strike out the 5th
section of the clause which provides, that
when the commissioners shall think that
there is reason to appreheud that a bankrupt
intends TO abscond or conceal himself or
herself, and in case it be necessary, in or
der to take the body of the said bankrupt,
they shall have power to cause the doors
OF the dwelling house of such bankrupt to
be broken, or the doors of any other house
in which he or she shall be found"
The amendment was supported by Mr.,
Eaton and Mr.. Logan. on the ground, prin-
cipally, of its repsgnance to the constiu-
ton, which declares that no person shall be
subject to unreasonable searches, &c. un-
supported by oath or affirmation.
The motion was opposed by Messrs.
Burril, Otis, Mellen, and Lanman, for the
reasons, chiefly, that the power given in
the clause was vital to the system, and
was essentially necessary to its execution
that the power forcibly 10 enter houses and
seize persons was permitted by law tor ma
ny offences greatly inferior to the crime
provided for 10 this clause that in this case
il was to be under warrant that honest
bankrupts would never fly from their credi-
tors and that il would be the dishonest
and fraudulent only who would seek to con-
ceal themselves, &c.
Mr.. Van Dyke suggested to the mover the
proprietyof dividing the question on the two
branches of the clause, so as to be taken sc.
parately on the authority of breaking the
bankrupt's own house, and the house of ano-
Their person--to which suggestion Mr.. Ea-
ton acceded.
Mr.. Hunter was glad the gentleman from
Tennessee had called the attention of the
Senate to this clause. of The bill, US i, was a
feature that would certainly be, in this
country, inconsistent with the rights of the
citizen il would undoubtedly be viola,
ton of the 4th article of the constitution to
leave such power at the entire discretion
of a commissioner but the defect of the
clause, MIR. H. said, was merely in a YER
bal omission ; and should certain words be
inserted, the provision would sbe made 10
comport stictlv with every part of the 18th
article OF the constitution. He moved,
therefore, to obyiate the objections to the
clause, to insert therein the words Of the
constitution which had been referred to-
Mr.. Otis had no objection 10 the amend
ment although he did not conceive
il necessary. The bill permitted person
to.be declared bankrupt only under oath
&c. but he might reply, slso that in refer
ring to the constitution it ought to be taken
altogether and in giving to congress the
power to enact bankrupt law, it was t.
be presumed that the tran of the consti-
tuition intended 10 convey the power of ma
king j, eticient. 1t was reasonable TO sup
pose, also. that when the provision was in.
serted in the constitution. its trainers had in
view hot a bankrupt system of France or of
Germany; but the system Of England, upon
which system this bill was framed, &c.
The question was then taken on amend
Ing the clause as moved by Mr.. Hunter,
and agreed to, nem. con. by inserting after
the word the following words ofthe
constitution: :" on probable cause, support
ed by oath or affirmation. by warrant to
cause the doors, &c.
Mr. Van Dyke observed. that. however,