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

constitution. He did not believe that
such was the constitution. lie there
fore objected 10 The constitutional po1cer ri
Coagress 10 pass The section referred 10
MIR Harrison rose to offer some re-
marks on the proposition to strike out
the esd section of the bill. He regret
ted that the proposition had been made,
and that II came from a gentleman who
represented the same description of
people whom he himself represented
the agricultural class. lie could
not see what object the gentleman
I could have in making proposition
which, if il succeeded, would, in case
OF the passage of the bill, confine its
benefits TO the trading class. 1t would
be Notifying to him TO see the only
clause of the bill stricken out which
would render il beneficial to his own
constituents. The provisions of the
bill ought TO extend to all who may
wish 10 avail themselves of it. He had
been repeatedly asked whether the far
mers of Ohio were DESTROYS for the pas
sage of this bilI' He had replied that
they were not DESTROYS for il; but they
would consent, without murmur, to
whatever measure might be adopted
for the benefit of our common country.
Two objections, said Mr. H., have
been urged against this section. One
was, that it did not accord with the
power given TO congress by the consti-
tuition, which required uniformity in
the system of bankruptcy to be cstab-
lished; the other was, that the section
had the character Of an insoIvent act,
and, therefore did not come within the
constitutional power of congress. He
never heard a constitutional objection
urged, without giving to it the strict
est attention. The sacred character
of the instrument, and the oath he had
taken to support it, would always in
duce him to consider, deliberately, ev-
cry suggestion which might be made
with regard to the constitutional pow-
crof congress over any particular suit, !.
-lls saft L. .. BY! he had been truly astonish,
! al objections which had been urged IN
( that body during the last forty eight
hours. Here Mr. II. referred TO con-
stitutional arguments recently offered
in secret session, in relation to the trea-
ty making power, and which, however
extraordinary, were not more SO, in
his opinion, than the objection urged
by the gentleman from New York (Mr
Van Buren, against the 03d section of
this bill. According TO that gentle
mans argument, no class of persons
could be included in this bill who are
not included in the bankrupt acts OF
England When we adopt the laws
of foreign countries, said Mr. r., we
must make them suit our own institu-
tons; we must adapt them to our own
circumstances. which are essentially
different from those of other nations.
The gentleman from New York says
that we must include traders, and none
but traders. More difficulties would,
we believe, arise from the attempt to
ascertain who were traders, and who
were not, than from any other part of
the bill. Nearly all the people of the
western county we've, in some sense,
traders. There was not farmer on
the Ohio river who YVES not trader.
Hundreds of boats will, as soon as the
ice breaks up, descend the Ohio to
New Orleans, laden with produce. 1t
7 is common for the farmer, when his
own produce is not sufficient TO load
the boat, to complete the necessary
( quantity by purchase from his neigh
/ bors, for which he contracts to pay at
i the usual time ofreceiving returns from
the adventure. The produce is sold
I to the merchant, he fails, receives the
benefit of this act, is discharged from
his Obligations, and recomlnences his
busne Meanwhile, the farmer is
I deprived of the means of meeting his
engagements, he is sued imprisoned,
stripped OF his property, and borne
down by the burden of a debt which
he despairs of dischargng, he is una.
I BILE TO renew his exertions. Is this the
equality of privilege Is this the uni
formity for which the gentlemen con
iend' Equal rights was The fuuda-
mental principle OF our Institutions
We could exercise no power in such
manner as would lead to a violation Of
that principle. Apothecarics in Eng
land were subjects ofthe bankrupt act.
But. in the interior Of this country,
apothecaries, as such, are unknown
I The physicians here are their own a.
poihecarics. They buy and sell drugs;
( but they could not ayai themselves of
this bill, except by vi'iue Of the 9Sd
section.
II may be said, continued Mr. H., !