Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-26

-
your obedient servant,
WILLIAM H. CRAWFORD.
The Hon. Speaker ofthe
House of Representatives.
The documents, above described, We're
ordered to De printed for the use of the House.
UNIFORM SYSTEM OF BANKRUPTCY.
On motion OF Mr.. SERGEANT, the House
resolved itself into a committee of the " hole
on the bill 10 establish an uniform system of
bankruptcy, Mr.. TAYLOR in the chair
The first section of the bill being under CON
sideration,
Mr.. SERGEANT addressed the chair.-Thc
subject ofthis BILL he said, had received am
UNUSUAL share of the attention, not only of the
public, but OF the members of the House. Its
principles We're so important, and so deeply
interesting to the commercial world, that it
was hardly surprising that it should have be-
come an object of national concern. AL
though he had the honor, as chairman Of the
Committee on the Judciary,to report the bill,
yet, he said he had no particular information
on the subject that was not common 10 other
members Of that body. 1t was matter thar
had been discussed, not only in the halls of le-
gls'ation, but in newspapers, pamphlets, and
circulars, Of every description. There was
scarcely any subject that had engaged more
Of the public attention; and he doubted not
that II would be examined on both sides with
that deliberation which was due to its nature
and importance, and the discussion of il he
hoped would terminate in manner that was
called for by the best interests of the country
1t was not matter of idle speculation. 1t was
looked to, on the one side, and ON thu other,
with anxious solicitude by all: and whilst
some were apprehensiye Of Its consequences,
others regarded it as q most necessary and
salutary measure. The bill before the House.
Mr. >. remarked, was meant as matter of
experiment its duration was limited 10 the
period of three years. 1t would then cease It's
operation unless all branches of the govern
ment should concur in enaciing IL. By
withholding IFS sanction, either Of the co-or-
dinate branches would then have the powen
of virtual repeal Of it, if, in their opinion,
experience had given Judgment against il.
Such an experiment seemed To him to be tiut.
io the constitution Ofthe United States whcI
gives expressly The power of making such II
law. Not indeed that such enaction is imDc-
rative upon the Congress, but under such \,
state OF things as now eXists--and Il stronger
one IN relation to the constitutional provision.
could not have been plated by the fra
mers OF that instrumental did not seem to
he duty imposed upon Congress TO try ito
effect under the sanction of the constitution
lie could say, and safely say, that a large hv-
dy oil unfortunate men, in whose favor th,
IN the community, whose case called loudly
Upon THIS house to exercise the power given
by the constitution. And they surely called
with great strength, ifthey could point to that
instrument and say, the constitution provides
for us ii renedy, which you, who exercise the
power, neglect 10 apply. In relation TO the.
great subject before the House, there were
perhaps three classes of opinion among those
by whom the decision was to be made ist,
fHf.C.k tst,s.., l. - =,
those who were agains, it and 5dy, thosa
who, coming from districts not immediately
and essentially affected by its provisions, are
IN measure indifferent 10 its adoption, and
uncommitted by the frequent arguments that
have been raised upon it. To the latter class
he would more particularly arpeal--and he
would seriously ask, whether such AN experi-
meat was not due 20 humanity and TO policy
Was II not due 10 the uneXampled Duu,bers
and autierlDSs of this description 0f men !?
There were more insolYent debtors in this
country at this time, he said, than at any for
iner perl0d-and greater proportion, too, OF
such debtors who We're so InnOcenily, by the
unforeseen disasters ofthe times BY rapid
transition, we had passed from period of uu-
| exampied prosperity, to different state. He
would not now undertake To- describe the present
/ condition Of the country. 1t might, however,
be said, with truth and safety that the class O
insolvent debtors now existing is not compOs-
| ed OF fraudulent n1eD, or of men who were
destitute OF common prudence. They have
become banltrupts by the occurrence ofepepts
i against which human foresight is too limited
/ TO guard. The best men IN society are among
those who have been bowed down by debt,
and cat OF from hope or relief by the laws
/ and, SO universal and deselatIng has been the
sweep OF misfortune, that there must be few
indeed, even in this House, who have not seen
and deplOred il. To ;hs Congress, then, they
make their appeal. Here is the constitution
al depository OT the power to redeem them !;
and they come strengthened with the argti-
meHt that they can lock no where else Ter re-
lief. The states, who know their disasters
and witness their sufering5, have nos the pow
| CT 10 relieve the unfortunate debtors. They
have attemptedit but in vain. New York
Rhode Island and Louisiana, convinced of the
necessity and policy Of the measure, have
successfully enacted such laws but they bave
been declared unconstitutional, and the last
hope Of the unfortunate debtor is suspended
upon the hill on the table. This bil hover
yer, Mr.. S. argued, does not cOnfue lite opc-
ration to relief ofthe debtor only. 1t also pro-
vides for the security Of the creditor. Among
the friends Of the principle and object Of fifs.
bill, Mr.. S. went on TO say. there W0pld pro-
ii badly be difference OF sentiment 10 regard to
its details. On this point, he would only nb~
serve that it had heretofore undergone much.
discussion and examination, particularly by
those whe had had the subject most IA con-
Temptations and who were most anxious for
its passage. If 1t had important defects, is
friends would naturally be disposed to Nv old
them. For himself I've should not be tena-
cious in any part of the details, provided the
important cardinal points of security to the
creditor, aad relief to the debtor, could be