Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-09-15

willing That any such bill should pas.
Congress. because he would be obliged
to VETO it on account Of its pnconstilu
fondiify. This rcfo power he was re.
luctant TO exercise on this subject
pending the presidential election. lie
therefore gave orders TO Mr.. Wright
to defeat the bill. The orders were
implicitly obcyct, and the oringinp
vassals Of the Executive were soon
made to surrender their first generous
impulse in favor of the measure, and
submit 10 the dictation Of the Execu-
tive, TO relieve him from the e,nbar-
rassment of a rcfO.
If Mr. Van Buren, should be re-elect-
ed, of which, thank Heaven, we believe
there is no danger, this great and suf-
feriDg class of community can expect
no reliefat his hands. He stands pledg-
cd by his past as well as his present
opinions, to VETO any such measures as
unconstitutional.
He is allied with Mr.. Calhoun TO de-
feat it. Mr.. Vanderpool and Mr.. Pick
ems, the worthy representatives of this
unholy alliance, were the willing in
struments selected by them TO defeat
the bill in the house.
The only hope of this honest class is
in the election of Gen. Harrison. He
is the opposite of Mr.. Van Buren, in his
whole natter He believes law for
voluntary bankrupts not only constitu-
tional, but absolutely necessary for the
relief of this great enterprising and in,
dustrious portion Of the community.
That our readers may see that we do
no injustice to the opinions of either
of these gentlemen, who are now can
didates for the highest office in the
gift of the people, we quote from their
own language as reported in "Gales
and Seaton's Register of Debates"
On motion of Mr. Branch, of North
Carolina, to strike out the Odd section
OF the bill, embracing the provision for
the voluntary bankruptcy of classes
other than merchants and traders.
in favor Of Bankrupt system. ~ mc afli
to be understood as speaking ola Bank
rupt System in the language of the
Constitution, and such as was in CON
temptation by the trainers of that in
strument. All the other provisions of
the bill, he said were Of that character,
and had met his appreciation in the
committee. The Odd was not, and
never had received his sanction. 1t
was IN insolvent, and not n bankrupt
law. IL ,cos such bill as Congress had
no right 10 pass. lie said he was aware
of the ingenuity which had been and
might again be used to coniound the
bankrupt and nsolvent systems-an
ingenuity which had before and might
again embarrass the question as to the
relative powers of the Federal and
State Governments. He was CON
scious of the difficulty difficulty arising
from the decisions of the courts, and
the frequency and conirarieiy Of legis-
lation in England) that existed in lay
ing down clear and uuexceptionablc
rule of discrimination between bank
rupt and insoveui laws. For the pres
ent, at least, he Should not attempt it..
He would content himself with gener-
al declaratons-that, for nearly three
hundred years, the two systems had
been kept distinct in England; that
they differed in their origin, object and
provisions, and hao always, there and
here, been executed by different trlbu-
mails; that at the time of the adoption
of the Constitution, they were known
aud distinguished, both in England and
in this country, as distinct systems
the one having for its object to afford
a summary and speedy remedy for cred
iiors against fraudulent and failing
traders; the other aliording relief TO
insolvent debtors of all denominations.
The Constitution of the United States,
lie said, had clothed the National Lee
gislature with power 10 establish the
former, and had left the right to pass,
and the duty of establishing the latter
upon the State Governments The esd
section of this bill, he said, was, upon
any definition that might be given Of
the different terms, an lnsolyent law
lfit passed, that is, if congress had the
constitutional power 10 pass II, the
states had NO right TO pass any law up
on the subject Of insolvency; not even
to authorze the discharge Of debtors
imprisoned upon process issuing out
of their own courts, otherwise than as
it might suit the pleasure or conyen-
fence Of congress 10 permit There
was, he said, no middle ground. 1.-THE
partition wall between Bankruptcy and
Insolvency wRsbnce broken down, all
state Legislation was subjected the alb
solute aud arbitrary supervision ofcon-