Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-02-13

OF the Char, unless tie pscside0 at 1t 10 refer 10
the Senate. lie thought there duuh, rs 10 the
prom Of the motion: and lie should be very sorry
have highly important feature in the hill wnked
on, sigh, 10y any thing like there form The change
Of Tie previous question Tad brought up anew the sub
ec, of this section, and lis consideration was perfectly
order.
Alter some further conversation, tie Chair decided
That the question: On striking out the in
order, and that, after rocommnert, the whole sub
Ject was open To he ,cted upon. The question was
then put, and decided by the following vote:
iEAs-Mcssrs. Barton, Ba,e,nan, Berr:en, Bonlig
ny, Branch, Chambers Clayton, Cobb Dickctson,
Edwards, Harrison, Hayne, Hoimcs Johnston of Lou.
Kane, King, Knight. Macon, Mills, Randolph, Need
Rtgely, Robbins. Rusg!es, Sanford, Sshee, Smith oil
Md. Smith of S. c. razeweil, Van Buren, White,
Wiley, Williams, Woodbury---54.
NAYs--AIessrs Benton Chandler, Chase, Eaton,
Finiay, Hendricks, Johnson Of ny. Marks aIcIiii
ley, Noble, Rowan, Seymour-i2.
Mr. Harrison said, that, there was great dvi
sion Of opinion on the operation of this bill, he i'll
strike fire. and insert three, in the last
section limiting the period it shall remain in force.
MIR. King moved 10 limit its term of operation
years.
Mr. Chandler objected to the two motions and 10
the last, because il changed ,ie grounds upon which
the bill had formerly stood IL The purpose tie hill
was 10 operate as sponge, 10 annul all the debts in
the country, he should think the esd section had bet
ter DC retained 10 extend this absolu,ion all
classes.
Mr.. Hayne suggested to the gentleman from Alaba-
ma, that two years would hardly effect ;he object oil
thorough, trial TO its effects in securing debts
This could hardly be tested in short a time
| MIR. ftarrisons motion was then Put and carried.
Mr.. Eaton offered amendment as substitute
for the 9Sd tion tie purport of which was that when
a merchant became bankrupt, debts due by him TO
persons not embraced in the provisions of this act
should first be paid, and that then the remaining
should be divided among the other creditors.
Mr.. Eaton explained the object of this amendment.
The Senate had been tan,alized by the friends of the
1h with the 93d section which proposed 10 lend 10
all classes OF the community
Mr.. fcrvien opposed this motion, upon the ground
ut injustice ana violation Of all principle. n
this motion was adopted, il worl show tue ndisposi-
lion Of the Senate 10 establish any Bankrupt S, stem
According To this amendment, the assets Of the debtor
would be applied 10 the full payment of debts due to
tho on-rading classes and would thus take the
Bankrupt all means Of satisfying his mercantile cred
tors This would certainly give rise 10 acts Of great
Injustice.
Mr. Smith of s. C. supported of considerable length
the amendment proposed by Mr.. Eaton. Without any
concert with that gentleman, he had intended him
self 10 offer similar amendment.
Mr.. Van Buren, opposed the amendment, as he had
the 9Si section the ground OF its in consistency
and error.
MIR. Eaton offered modified amendment, TO provide
hat persons not included in the provisions of the bill
should share equally with the other creditors in III,
div ision of tile property of the bankrupt but that the
bankrupt should not be discharged from his
with those persons although he should be discha rccd
from Imprisonment account of the balances those
demands, TO which he should be liable at any future
period. Mr.. f. briefly explained the object of this
mod :ficaton.
Mr.. iiaync said, that this vas presenting the matter
in aspect; and WAS civ .ng TO the non-tradne
class all the benefits and none Of the consequences OF
bankruptcy This discrimination neither fair nor
just itwoult ALLOW creditor 10 claim the whole
OF bis demand, a leave others ute oe anv per
ton OF their claims, equally ecnaj,le.
MIR. Berrien remarked, that under this new p, -?
sion, foreign me rcants would claim tc whole Of tEc
deaants, while own citizens would come j.: 70,
Nv f,f tho ,,,,
did not come within the operation Of the bill
MIR. Harrison asked what woui become of the prin
cPe of uniformity strenuousiy commended for m for
discussions iftbs amendment adopted. VouI,
with Fight one on others?
The question was IN taken on the amendment pro
posed by Mr. Eaton, and rejected BY the following
votc-Ycas Is, Nays 81,
Mr. Branch then moved further TO amend the bill h,
inserting the words Tor Bank incorPoraonsn after ,e
word bankers" in the first sets m make Bank
subject TO bankruptcy
THIS motion explained bV HIr. Branch and dis
cnssed at great length and with much animation b,
Messrs. Smith, Of South Carolina, Barton Branch ane
Reed in support of the motion, and by RiessIs. Havue
Holmes, Rowan, and Van Buren,, il opposition to il.
Mir Branch then vored his motion, TO re fer the
bill TO the Committee the judiciary, with
to include within its operation Bank interpretations
After some further consideration The question being
taken the motion of Mr.. Branch il was rejected
The question was then taken engrossinc the bill
for third eadipg and decided in the ncgatire b.
the following vote:
YEAs-hicrsrs. I3atemar, Berrien Boulirnv Cham
bers, Clay ion, Edwards iIarisson iIay.e, Johnston
of Louisiana, Kane, King knight, Mills, Rdgey Rob
bins, Sanford, Silsbec, Smith, of Maryland Thomas
Van Buren, Willians--2I.
NAYs-Messrs. Barton, Bell, Benton, Branch, Clan
der, Chase, Cobb, Dckerson, Eaton, FindIsy Hen
bricks, IioImes Johnston of kentucky Macon Marks
Mckinley, Noble, Randolph, Reed, Rowan, RuegIeg
Seymour, Smith of South Carolina, TaZewe!i W bjic
Woodbnry.-27.
So The bill was r.iecfci; and the Senate adjourned
"AsUIHGTov, Feb Owe learn unoGicially, tha
john j. Crcrdcn has been appointed BY the President
the L. S. with iic consent of ie Senate, DC Attorney
oi the = s. for the State Of Kcntucky and that Thomas
H. Fletcher mas, ~ like manner been appointed Attorney
Of The u. s. for the District o Nat Int
The bill respecting duties Wool aud wooiIeu Goods
imported, has, after lOTg and conflict aud by
close vote, been ordered crGtossed Tor t ,eaGinr
~ the House 81 E'peFeuatyes It viii IrnhabIy pass
the House OF Representatives. but mas afterwards to pass
the ordeal of tho Senatr.-TB.