Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-10

him whether this was now a tangible sub,ect.-
Had this section been an amendment |, mig ht ha v,
been proper TO consider it now, but being part o
the original bill reported, he certainly III ugh
II was not. On this ground he objected to it,
He could not calculate the end Of proceeding up.
on any bill ifmembers- were to be permitted to pre-
sent it in different shapes as they happened 10
nave Changed their opinions, az was the case with
the gentleman from Georgia.
MI. BerTien said.the gentleman from Tennessee
had misunderstood. and, consequently, misrepre-
scented him. He had not changed his opinion, in
any respect, upon this bill.
| MI. Eaton said il was immaterai 10 him wheihar
'he gentleman had changed his opinion, or only
changed his ne of conduct. l, mattered not to hin,
whether gentleman wished to sweep all classe.
INTO ms system, or confine it to one particular
class. He wished for some plan by which certain
points OF bill! should be fixed BY certain rule.
and an end be put, at some period, 10 the consile.
ration OF subjects before the Senate and NJ xbicl
y must not again be reproduced in different TO- M
Inc only question was, whether this part of the
bill could be brought again before The Senate
MrHomes said that this question W as for the ,leri
sion of the Chair, unless the President saw Fl, 10 re-
Ter II to the Senate. He thought there was no doubt
as 10 the propriety Of the motion: and he should
be yer, sorry to have highly important, fea ure of
The bill winkei out OF sight by any thing like mere
form. The change of The previous question had
brought up anew the subject of this section and i,s
consideration was perfectly in order
MI king thought that the question could he
settled by the Chair without refe,rip i, to the
senate lie conceived there could be ma doub,
mat the subject was now entirely open to the
Senate. " '"'
| Alter some further conversation. ,hc Chair de-
cided that the question en- striking GU, The section
was IN order, and that, after recommi,ment III.
whoie subject was open to be acted upon The
question was then put, and decided by the follow
| ing votes
4EAS.-Messrs. Barton, Bateman, Berrien,
Boulisny, Branch, Chambers Claytop Chi,
l'ckerson, Edwards, Harrison, Hayne. u,,mes
Johnston OF Louisiana. Kane, King, knight. Ma
CON- Mills, Randolph, Reed Rnisely. Rol,i,s
husges, Sanford, Sii-bee, Smith of Md Smi,b
OF >. T., Tazewell, Van BIren, White, w; lev.
W i!liams, Woodbury. "a
| NAYS.-Messrs Benton Cb,,dIo f>h
Eaton, Findlay, Hendricks, johnson of Kentucky
Marks, Mckinley. Noble. Rowan, Seymour
Hir. Harrison said, that, as there was a yreat d
VISION OF opinion ON the operation of thfs bill. he
would move to strike out fire, AMI insert tire.
!" me last section, limit':s the period shall re-
main in force.
Mr.. King moved TO limit its term of onera,io,
! to too years.
Mr. Chandler objected TO the two motions. and
10 the last, because it changed the grounds upon
which the bill had formerly stood. Ii the purnose
OF the OH was to operate as sponge, to annul all
the debts in the country, he sh uId think the "a /
section had better be retained, so as 10 ex,end
this absoInton TO all classes
Mr. ffayne suggested to the gentleman f,om Ala
b,ha, that two years would hardly etfec, the obs,,
OF his motion: besides, it was essential 70 eive ,e
system thorodSh trial as to its effects in securing
debts. This could hardly be tested i'm so sbor, q
! time.
| Mr.. Harrison's motion was then nut and car.
| ried
Mr.. Eaton offered amendment as spb,,i,,,e
tor the 9Sd section, the purpor of which was,
that when merchant became bankrupt, debts due
oy him to persons not embraced in the provision
OF this act, should first be paid and tina, lie, IN.
naming assets should be divided among the o,be,
| creditors.
Mr.. Eaton explained the objeri of this amend.
nent The Senate had been tantalized by The
nienuS OF me Dill with the 93d section whi.h
hoposei 10 extend to all classes OF community
Mr. Berien opposed this mo ion unon the
groun1 OF III istice and violation Of all correc,
principle. IL this motion was adopted il would
show the indi-rosiiion of the Senate 10 establish
any B,nkupt system. According TO this amend
men. the assets OF the ,iebtor would be applied to
the iu!l payment OF debts due TO the non-ta,Iuo
classes, and would thus take from the Bankrun, ali
means OF satisfying his caniiie cre,Itor,-
This would certainly give rise 10 acts OF srea, in
justice.
MIR. Smith Of s. C supported, at considerable
length the amendment proposed by Mr.. Euon
Without any Concert with that gentleman he had
intended him self 10 offer simlar amendment
Nj. Van Buren, opposed the amendment az he
had the ODD section, on the ground of i;s inconsi.
tency and
Mr.. 4 ton offered modified amen lm.nt IN
provide that persons not included in The provi
sions OF the bill should share equally with the o.
ih.I creditors In The division of the property OF
the bankrupt: bur that The bankrupt should 20, le
discharged from his coniracrs with those persons
although he should be discharged from imprison.
mrnt on account OF the balances of those demands
to which he should be liable to any future period.
MIR. e. briefly explained the object OF this rpodi-
hca,On.
i MIR. Hayne said, that this was presenting the
matter in new aspect; and was giving to the non
trading class all the benefits and none Of the conse
quences OF bankruptcy. This discrimination wa.
neither fair nor just. 1t would allow one crcdito,
TO claim the whole OF his demand, and leave other.
destitute TO any portion of their claims, equally e.
qIitabIe.
Mr.. Bsrrien ked, that under this new pro.
vision, foreign merchants would claim the Who'll.
OF their demands, while own citizens would
come III tor merely share OF the dividend; az TO.
reign merchants did come within the operatior
of the bill.
MIR. Harrison asked what would become .f this
+ principle Of uniformity, SO srenuously contende.
for in former discussions, if this amendment were
adopted? Would not the system press with a bes.
Wy hand some, and with light one on others
The question was then taken the amendm ent
proposed by Mr. Eaton, and was rejected by the
folio wing yoie-Yess Is, Nays 30.
MIR. Branch then moved further TO amend IN.
bill by inserting the words b" or Bsnk incorpota
tion" after the word " Bankers in the first sec.
ton, to make Banks subject TO Bankruptcv
II This motion was explained by Mr.. Branch, and
discussed great length, and with much animation
by Messrs. Smith. OF South Carolina, Barton