Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-31

his objection, aud inseuiousiy endeavored 10
avoid 1t, by impressng the house with the o.
pinion that the old bankrupt law oflGOO was
the offspring Of party, and was ushered into
being amidst the storms and excuses ofparty
spirit, and therefore unpopular Sc Ofthis
fact. Mr.. >. said, he could with certainty say
nothing, being too young To anow any thing
personally OF the occurrences Of those times,
but he might venture to say that. from the
course of events which succeeded the coming
III OF the republican party, that the gentleman
from Pennsylvania, Mr.. Sergcant,) was mis-
taken in the fact. We all know, Mr.. S. said.
there were certain laws which passed under
what was termed the federal administration,
anu believed to be of party character, which
Were, consequently, unpopular to the new
administration, and continued to be so until
repealed the Judiciary and bankrupt laws
hlr. ). particularly alluded tO-the one was
directly repealed, and the other EXPIRED
But 1t this bankrupt law had been considered
'n those days ut heat and contest, as a, party
measure, and intended as such, To be sadded
on the nation by party going out of power
rely on II, among the first acts done by the
new administration, would have been the re-
peal OF this aw-it would have been expung-
ed from the statute book which il stained, and
hoi suffered to llnger out an existence of so
many years. Mr.. :. said he therefore felt
lusiiiied IN saying that the fact was not rs the
gentleman from Pennsylvania, Mr.. Sergeant,
mad supposed the law of 500 was passed.
(and he said it too in honor Of the Congress
That passed. it, from other aud better motives
las AN experiment called for at that time BY
me commerciii part of the cOutry, and which
expired under the weight of its own sins. II
ought then to be considered AS a fair experi.
ment, which the enemies ofthis bin had = r;rh,
10 claim, and which should have weight with
the house.
But SAID Mr.. =. let US see what are the e.
Wis winch are likely To arise under this sys-
tenn ii it were to be adopted {; among many
the follow inS may he taken at the most pro-
minent LIST. 1t will induce persons to contract
DEBTS, without any regard to the means by
whIchrliey may be discharged, to the injury
OF the commerce and credit of the country.
"a. by the great increase of litigation and eX-
pense I" the people, by The number Of courts.
commissioners, changes. of the board, conflict
ing decisions, &c. Sd. The facility will,
which fictitious debts will be proved, {by cx
parte aiiidavltsl and consequent frauds, forge
res, aud perlurles. 4th. The difficulty of d.
vldinS the property of the banlruptjearly, get
ting II out ofthc hands ofassgnees. and pre-
venting them from Specializing on ii, SC. 9Th.
Inc Encouragement of assignees aud want
Oh suihcient motives to insure activity and al
teption on their part TO the affairs of the bank
rupt. 9Th. The ease with which undcsrrving
men VIII get certificates, and the absence Of
all discrimination between cuIpabty and mis-
fortune. Besides these objections. there are
others ola much stronger character. What
sa'o Mr. >. shall be said Of the power given to
inese commissioners, to issue IA warrant to
any one authorizing the seizure, in any part
o! the Union, of man declared IA bankrupt
and giving the right Of dragging him from one
quarter ot THIS continent To- the other? Whilst
the murderer, who commits homicide in one
state, ana sies to another, cannot be pursued
ana re-'aken, but must be applied for through
inc Executive authority ofthe state where he
may bt, power Is here given toa commits
sioteF-no, to an acquitted fclon, if the com
missioner chooses TO appoint one, a man with
on character aud property, to seize. and car
~, as a prisoner, ii free mao from one end of
me Un!on 10 anOther-and no remedy pIovi- !
ueu ny Tie bill Tor any abuse of this power
"u'ist no officer III one state can go into ano-
lher, TINS man named by the commissioner
not sworn holding no Office, and destitute of
character and responsibility, is TO be clothed
win powerse unlimited and so dangerous
10 the personal liberty and rights of the citi-
Again, by the 9th and s1st sections of this
bill, the right is given the Commissioners TO |
i,sue .ht'r warrant directing any one to break |
open the houses, chambers, doors, trunks. or
o OF the bankrupt, and take possession of |
ms papers, goods, and effects, upon what they
may consider TO be probable cause, in direct
, ,'oiatioli, ME- >. said of the spirit, if not the
's'ter oi the constitutional provision which de- |
c'areS, mat the right of the people, to be Sc
IRE IN their persons, houses, papers, and
ehects, against unreasonable seizures, shall
not be yio!atcd.'
PIT Al
1ut there was another provision of this bill
sun more odons and detestable, and at war
WIN all lie best feelings of the human heart
1t was mat section which authorized the
punishment ny imprisonment Of the child,
he devoted daughter, who should attempt to
I'D her ruined and wretched father! What
fe we to think of system which dcnounces.
s criminal, acts that bring to their support
lie highest moral and religious sanctions a
yslem willch requires TO be sustained by tear
~ iOUse all those cndcaring and flial ties
'inch unite, indssOlubly, the parent and child,
nd which dignity and adj orn the female
haraeter? Mr.. 5. said that he was conf
ent there could be but one sentiment in the ,
committee upon this feature in the bill and
'at was oil the strongest reprobatioD: He
rSeu ihe committee t9 reject, Whilst they :
40 IL ~ the'r power, tLis bill, freighted, as he
cNe'eo 81 was, with the most ruinous and :
r ''': NVA7' 5'ie'iCcS I'D the best Interests !
! 'hc nn'ion and concluded by declaring it as
= opinion, that, II It passed, the people Of
iiS country would have cause INCREASINGLY 10 !
ePlore lis detects, aud imprecatc It's collnu- !
nee. !
REMARKS or MR. DURFcE, ,
;" The debate which hook place ON Thursday llst.
the concurrence VI the House with The report of
re committee Of tie Whole, nn Cling the blank oil
70 D'" "T dc "pporonmcui of represent. ion viii,
""' % ''F'y-'"O thousand Ma. L.. II