Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-02

If bankruptcy well as that Of debt. and WAS
,greed to.
AT the 6ist line of the Sd section an amendment
was proposed, enabling the persons proceeded
against as bankrupts, on improper grounds. to cue
upon the bond required OF them in any State Court,
OF competent jurisdiction, in the District or
Circuit Court OF the United States.
Mr.. Berriea said, that this intended only as
a specification OF the Courts in which suits nigh,
be brought by persons sggrieved.
Dir. Cobb said, that he some difficulty, sup.
posing both plaintiff and defendant broasht their
suits in tho came Court. /
Mr.. Holmes asked how Congress could, by
law passed by itself. give jurisdiction to the State
Courts! He did not know that he right, but
it struck him, that such right had been opposed in
some instances; and. certainly, if Congress could
give it in one instance, it could in any one. lie
thought, however, that the question would more |
properly come under the jurisdiction of the Federal
Court.
Dir. Berrien said that the doubt of the gentleman
from Maine was not new one; it had been often |
expressed BEFORE and opinions upon it were entire
~ at variance. Some of the States had refused to
take from Congress the jurisdction, when given in
this manner. Others, however, had accepted. On |
the one hand, it was considered arrogant OH the
part OF Congress TO make any such enactment; on
the other, 1t was sanctioned and acceded to BY
States TO whom it had been given The committee
-
grievance, as great as possible; and had made this
provision according to Legislative precedent That
congress could give the jurisdiction to the State
Court" was doubtless we'll established; but whether
they would take it or not was optional with them
MIR. Holmes said, that he did not by any means,
raise the doubt from feeling of hostility to the
bill. Whether he voted for il or not. he wished
TO make 1t as perfect as possible. The gentlemen
OF the Committee would therefore excuse him, if
he now and then expressed doubt, or made sug-
sestlon, as the matter progressed.
Mr. Berrien said that the Committee would most
willingly give every information required.
| The amendment was then sgreed to.
on The amendment proposed at line 9th, sec
ton A.
| MIR. Berrien explained, that the object of the
position was, to carrying into effect the Bankrupt
Law, TO substitute one commissioner for the mass
commissioners, through whose hands the busin es,
had formerly gone. For that purpose it was pro.
posed 10 give that commissioner a clerk, 10 enable
MIN TO transact all the details of the trust. The
duty OF the clerk was to extend 10 auditing the
counts, except in cases in which a special auditor
would be necessary. The provision of clerk, and
his agency as an auditor, which duty was formerly
uone oy tue commissioner, would give the latter
time Tor the performance Of all the duties deyoIy-
ing upon him.
The amendment was then agreed TO.
On the amendment of section l which provides
mat the warrant for the apprehension of any per-
son declared bankrupt, to be directed to the Mar
shai oil the United States, for the said DISTRICT or
to such person persons as the said commits
sioner may deem 1t Necessary 10 appoInt''-
Mr. berrien said, the idea was 10 nj axe the prin
cIpai responsible, and not subordinate person.
wherever the commissioner could be made res
ponsble, it wss thought proper to do SO.
Mr.. Holmes said that the principle appeared "a
refer 10 the practice in the States. The precep,
directed n tIre h,l
Mr.. Berrien observed that in this case il vopld
De different, rs the warrant would be directed to
the Marshal or some person designated. The de.
puties might act on precept directed to the Mar
shal and his deputies, but could not when directed
to the Marshal alone. Agreed to.
An amendment to the 18th section, allowing
to The bankrupt the worth Of = certain amount OF
furniture, not In any case 10 exceed two hundr ed
dollars, was explained by Mr.. Hayne He OBJ
served, that in the former bill no such provision
had been made; but, as in some cases il would be
almost indispensable, and it W as certainly HUI
name provision, the Committee had thought pro
per to adopt it, Agreed TO.
On the amendment proposed by striking out tha
l4th section, MIR. Hsyne said il vas an imnor-
tanf alteration, as i, proposed to dispense entire
~ with what were called special assienees. which
were formerly appointed by the creditors witbou,
any security being required from them. When
the property was taken out Of their hands the
were required 10 give account of it. under
penalty if they failed. This class of assipners
entirely to be got rid of, as under their agency
property was often wasted to the injury of m,
bankrupt or bis creditors. In England no such
appointment was made. A person was appoint
| Gu VINO was called messenger, who proceeded 10
take possession OF all the property of bankrun,.
and who was accountable for it-Agreed TO-
The last amendment offered by the committee
was new section. which swas explained by Mr..
! Hayne. He said that it was yery jmportant I'D
dItion, and be hoped the Senate would favor him
with their attention while lie made few remarks.
IL was proposed TO insert bankrupt CLAUSE entire
~ new to this country. Its object was 10 i,s,i
'ute composition between the bankrupt and the
creditors. 1t this were approved by the Senate.
would then remain to fix upon the terms Az
70 the hrst, the committee had adopted The nri,r;
pie OF composition. and the terms egested bv the
committee were, that no such agreement should
De coDsummated without two thirds of the r, ed;-
tors In value and number agree TO accent il,
ibs provision was said to have been found b;ob
advantageous in England and he looked unon
u as promising great benefits. Where the credi-
TOTS were satisfied that bankrupt bad acted bo
hoiaoiy; mad not endeavorej to retain from them
'heir just debts, and convinced that he had placed
"''h'h 'heif power all the properly of which he
was possessed mere certainly seemed no obiec
ton TO settlement, by which the debtor. vvi,bon,
Inc intervention OF the law, could be diyes,eJ NJ
ms property and receive release from bis ere
dnor. There could be no possible obiec,;oo
supposIng all the creditors 10 join. in The co.,,
po'i'Ion: the only question was, whether tho
act OF part OF those holding demand.. could
oe considered binding upon all. To make IN.
composition dependent upon all the creJ;,o,
woull be 10 render IL almost entirelv .b..