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

not. he conceived, plopev for he house of a
third person TO be subject TO suck violence,
without notice, at least He therefore mo-
we'd TO insert in the clause the words : al
ter notice and demand, and refusal OF en-
trance by the owner. or occupier s. which
motion was agreed to withou: objection.
On motion OF Mr.. Lanman the word ad
Judge was substituted for the word think"
in tile same clause of the bill, quoted "a
bove.
Mr.. Wilson moved to strike outithe 25th
Section Of the bill, which IS in the following
words: That the said commissioners shall
have power to examine, upon oath or aflr-
nation, the wife ofany person lawfully de-
clareda bankrupt, for the discovery OF such
part Of his estate, as may be concealed
or disposed of by such wife, or by any o.
Their person and the said wife shall incur
such penalties for not appearing before the
said commissioners, or refusing to be sworn
or affirm. or examined, and to subscribe
her examination, or for not disclosing the
truth, as by this act is provided against "a
ny other person in like cases"
Mr.. w. in making this motion, observed
in substance. that it would be wrong, in his
opinion, to adopt any legislative provision
which should have the effect to light up the
torch of discord in the domestic Citations of
life that the unfortunate wife would feel
enough under these circumstances OF Der ia
mily, without being subject to the inquisi-
ton proposed in the section. The husband
loo, would have enough to torture his mind
without the reflection that bis wife was TO
be dragged forward and possibly lmprison-
ed for two years. on a charge of collision
&c. Mr.. w. conceived it morally wrong
that the wife should, in any case. be requi.
red to testify against her husband, or chill
dren against their parents.
Mr.. Pinkney said. the section violated all
the best charities of life, without being of a.
ny use in the system. If wife was sworn,
could they expect the truth Motley
might expect perjury to stain her lips. 1t
was one OF the most sacred maxims Of law
hat a wife should not give evidence against
her husband What would be criminal in a.
mother, in her is innocence. Mr.. P. refer
red to remarkable instance of the truth of
this principle-the case Of Lavalette. When
bis wife enabled him TO escape from prison
disguised in her clothes, and she remained
in prison to answer for the deed, she was
not only acquitted by The universal opinion
Of the world, but also by the law OF France
it was honorable TO the law ofFrance that il
was so. He hoped the section would be ex-
plunged.
The motion was agreed to without objec.
ton.
On motion Of Mr.. Dickerson, the third
section was modified in relation to the COIN
pensation of the commissioners and their
clerk, and their compensation fixed at fvs
dollars day to each, while acting, to be
paid out of the bankrupt's estate.
MIR. Lloyd moved to strike out the follow
ing section, being the 98th Of the bill: 'Tha,
If any person shall become bankrupt, and at
such time, by consent Of the owner, bave in
his or her possession and disposition any
goods, whereof fhe or she shall be reputed
owner, and take upon him or herself the
sale, alteration, or disposition thereof, as
owner, the commissioners shall have power
TO assign the same tor the benefit of the Gre
ditors, as fully as any other part Of the es-
tate of the bankrupt
A good deal Of discussion took place on
this motion, Letween Messrs. Lloyd, Bur
rill. Macon, Otis, Wilson, Eaton, and Lam
man, respecting the construction which it
would admit, that which it had received
under the old law, its general operation, &c
The section was finally modified on motion
of Mr.. Lanman, to read, by the collusive
consent Of the owner, &c
MIR. Dckerson then moved TO strike from |
the 49th section the following clause /: "And |
it such action against commissioner for |
any thing done under this act) be brought in
any State Court, the same may, at any time |
before issue joined, be removed into the cir
cult court of the United States, in the same
manner, and under the same regulations, and
with the same effects, to all intents and pur-
poeoc cu;fe krouoht IN Ctata