Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-02

bankrupt, but became. vested in the assignes
beipre any prior lien Of the U. States had ut
tached. ~ AT all events, so much as this was
certain, that the claims OF the States must b,
barred. For them no provision was made
They were not entitled even to come in for ;
share in the dividends. The term g body pr
lite" was used in the bill, but was applied on
~ to corporations. In favor of the bill it had
been urged that If treated all men alike, and
that no preferences were allowed. TO his
mind that circumstance afforded most con-
elusive argument againstit. Justice and po-
iicy required that preferences should be made.
In Virginia private debts ofthe highest obliga-
ton was that ofthe guardian TO the ward. This
was Ola sacred character. 1t was of "A trust
created by law, and il would be iniquitous to
place 1t on AN equal footing with ordinary
debts. Rents We're also entitled to seconda-
ry preference, and such they ought TO have
and 10 this respect the law of Spain which
preferred rents and servants wages, had a de-
cided advantage over the bill on the table. In
framing this law, the great object has evil
IDENTIFY been to guard the mercantile. interest,
and by its operation, even debts barred by "A
statute of limitation, may have equal force
w,th the claim of the client on his attorney,
the sultor on the sheriff, or of the ward upon
its guardian. This, Mr.. S. contenled, was
highly mpolitic and unjust, and he expressed
his sentiments at considerable length upon the
proprIety of giving those preferences TO hon
orary debts, which The common sense of mau-
kind had by an almost uniform consent accord
ed This bill, he remarked, was founded up
ON principles which ought not to be recogriz-
ed The people, said he. are entitled to uni
form government. This bill is partial and
unequal. 1t gave TO the wealthy merchant
creditor an energetic and speedy remedy, that
was not given To any other class of the COM
munlty. In this country, the constitution re-
coSnlzes no privileged orders, and it is CON
trary to the genius and spirit of our govern
mept to exalt one class by The depression OF
another. The operations ofthe government
should he uniform, for all the citizens were
entitled TO an equal legislation. Another oh
lection to the law was, that it made provision
to exempt from taxation The property sold
under the act. What right had Congress to
say that the state shall not levy such tax :
Orwhy shall the United States give up IFS re-
venue, dervabe from sales at auction, for the
benefit of merchant creditors more than for
the benefit of underwriters? There might be
a surplus, and there was no Just rne, which
he could conceive, on which this claim on the
United States could be founded. Again, tf an
individual should sue an officer concerned in
executing commission Of bankruptcy, he is
liable, If cast in the suit, to pay double costs
whereas, If he RECEIVERS, he is entitled only TO
single costs. What was. the object of this !?
TO discourage the injured man from appeal
ing to the laws of his country Yes, and to
bear down the people under the power Of the
Commissioners. III any difference was al
mitted, the rule should be reversed, and The
man who acted Under color of the law, and a.
bused his authority, should be liable TO the
greater penalty. Again, the bill violates the
authority OF the state sovrregnties 1t punish
es the state officers for doing what they had a
right to do under the state law. By the 10th
and dist section Ofthe bill, TAILOR is made liza
bic for an escape. Where is the warrant for a
law like this ? The sheriff and iailnr of a
state, owe no official duty TO the general GO
vernment. They derive their powers from
the states, and to tire states only are they IA
nenabie. They are not connected with the
government of the United States, and vet by
this bill, the jailor is compelled TO perform a
duty without fee or reward. He is required la
shew the person of the prisoner whenever re-
CURED, under the pains and penalties of an es-
cape, and liable to fine of s 5000 if he suf-
fers him TO breathe the fresh air of Heaven
But the greatest indignity tn state sovereign
ty remains to be noticed. fla man is cuufn-
ed in prison by the highest judicial authority
~ state; yet by the 23d section of the bill
he may be released and discharged by the is
suing oil a warrant from an obscure and petty
commissioner. We have been jealous enough
OF the interference of the Supreme Court
with the judgments of the state courts but
now they are to be made void and of no effect.
by commissioner
But it had been urged as strong argument
III favor of the law, that it provides a rcIicfror
the unfortunate debtor. IF this suggestion
were founded III fact, he should look 10 the
bill with more favorable eye. But he had
examined 1T with attention. and he could find
nothing in it decidedly favorable to the debt
or 1t was altogether IN favor Of the wealthy
merchants. This would be found in every
section. So farfrom being favorable to the
debtor, it was hard and cruel. and severe up
onthem, especially those the middIing class.
MIR. ,. would agree that those who were now
insolyent were anxious for its passage. but il
they thought il could afford them relief they
deluded themselves. They were not inciud-
ed IN its provisions. The law did not apply
to those who were already insolvent. 10
lake the benefit Of IL they must he " actually
using" the trade of merchandise But those
Sho have already failed, cannot be said to
use, III the present tense, the trade Of mer-
cbaDdlze. That time had pissed by-or
should they undertake it again, yet they
would be cut of by another proyision--for
those who may have become traders, Ior the
purpose of taking the benefit Of the law, are,
ny the Siih section, specially excluded from
IT. All present insolvenis, who are not now
traders, are forbidden TO expect protection
from certificate obtained hereafter. Their
hopes are blasted. a certificate will Yield
them no protection and, what is worse, this
question may be raised ineycry case. Nor is
the certificate available, ilThcrc bias been fraud
or concealmcnt, which of course is liable Ia
endless question. Again-thc bankrnnf Is