Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1821-02-20
Congressional Proceedings.
,.ox rHr NATIONAL ,srElL,eEucER.
In THE SENATE.

Thursday, FeOT~o'5 io'
NJ, Smith submitted the following resolu.
,ion for consideration:
R,,,ipsd. That the president of the Uni
ted States be requested to cause to De iaio
hs,ore the Senate the original order foi
building the barracks at Sackett's haroor'
togethe rwith all the communication between
the war department and major gen. brown
relative thereto. and the amount Of pubic
moneys expended thereon.
The senate resumed the consideration oil
the Hill to establish an uniform system OF
Bankruptcy.
Mr. Chandler moved to amend the bill by
inserting in the FIRST section the following
additional provso:
And prouided also, That no discharge
which nay be given to bankrupt, under
this act, shall operate so as to discharge the
bankrupt from debts which may be due to
apy persons, excep: those debts which may
be due to merchants, bankers, brokers. tao
tors, underwriters. or marine ipsurers.s
This proposition gave rise to some debate
in which the amendment was supported by
Messrs. Lloyd, Chandler. Trimbls, and Ro.
berts, and was opposed BY Messrs. Van
DYKE, OTIS, Mills, and King, of Alab.
The discussion resulted in the rejection OF
the amendment, by the following vote:
| YEAS-Messrs. Barbour, Chandler, Ea-
ton. Holmes. of Maine, johnson. OF Ken.
| Lloyd. Macon, Morrii, Noble, Pleasants,
( Roberts. Smith. Talbot, Trimble. Walker
of Alab. Walker OF Geo. and Williams OF
! Tenn.-17.
NAYS-Messrs. Dana, Dicke,son, Ed
wards. Elliott. Horsey, Hunter, Johnson OF
| Lou. King of Alab. King OF N. Y. Lsnman,
Lowrie, Mills, Otis, Palmer, Psrrott, San
ford. Stokes, Taylor, Thomas, Tichenor,
| Van Dyke, and Williams OF Miss.-x9.
Mr.. Holmes, Of Maine, moved to strike
out the 2lst section OF the bill, which pro.
vides that the commissioners shall, on pro.
bable cause shewn. have authority to issue
their warrant to any person or officer, su'
thorising him to break open in the day time.
the houses, chambers, shops, trunks, &c, OF
the bankrupt, where ony of bis goods or es-
tates. deeds, writing, books, &c. may be,
and take possession thereof
This motion was decided also in the ne.
gative, by yeas and nays-yeas IA, nays
81.
On motion of Mr.. Holmes, of Maine, the
SD section of the bill was so amended as
to provide that the fact0 of any edSe shall be
tried by jury, at the election Of e,tte- par
tn, instead of at the discretion Of the court
orjudge.
MIR. Lowrie then, with the view, az be
remarked. of making the system entirely
prospective in its operations. and not touch
existing debts a. all, moved to add provi-
sion to the 6Ist section, declaring that the
act should release no person who may
hereafter lie declared bankrupt from any
debt existing a. the passage OF this act"
| On this proposition long debate ensued;
in which Mr.. Lowrie & Mr.. Roberts main.
tanned the amendment, on the ground Of its
expediency, without reference to the con-
stitutional question; & Mr.. Edwards spoke
briefly on the proper construction of the
bill as it now stood. Mr.. Holmes of Maine,
and Mr.. Walker of Alab. argued that dis
charge of debts existing at the passage Of
the act, would be unconstitutional; which
opinion was answered and opposed by
Ifessrs. Mills, Otis, and Van Dyke.
Mr.. Walker of Geo. though opposed to
the bill altogether, was opposed to the a.
mendment, and advocated an entire dis
charge of the debtor, if the system passed
at all.
The question being taken on the end
ment, it was negatived-yeas IA, nays 26.
Mr.. Talbot moved to strike cut the bill
that clause Of the Esd section, which gives
to the circuit courts of the United States ju.
risdiction Of all cases in law or equity aris-
ing under the act.
This motion was assented to by the friends
of the bill, and was agreed to.
Mr.. Talbot next moved to reduce the
term to which the duration of the bill is IL
mited, from years, (the time with which
the blank had been filled) to two years.
Mr.. Otis proposed to split the difference
with the gentleman, and make it four years.
Mr.. Talbot agreed to change his PROPOSE
4 IL - 4 "A