The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-07-25

believes law for voluntary bankrupts not only
constitutional, but absolutely necessary for the
relief OF this great, enterprisng and industrious
ortion Of the community.
That our readers may see that we do no in
justice 10 the opinions Of either of these gentle
men, who are now candidates for the highest
office IN The gift Of the People, we quote~from
their own language reported in "Gales & Sea
tons Register Of Debatesn
On the motion Of Mr. BRANCH, of North Ca
rolina, to strike out the 93d section Of the bill,
embracing the provision for the voluntary bank
rupicy Of classes other than merchants and ira
ders.
Mr.. VAN buren, said, when say am in "a
sor Of Bankrupt System mean 10 be understood as
speaking Of Bankrupt System in the language ofthe
Constitution and such in contemplation by the
trainers OF that instrument All the other ufoyisioDs
OF the bill he said were of that character and had
mel ms appreciation in the committee The 93d sec
ton was not, and had received his sanction II
was an nsovent, and not bankrupt law IL tcas,
suen oiH as congress had no right 70 pass. He
said, he was aware OF the ingenuity which had been
and might again be used to contound the bankrua
and insolvent systems--an ingenuity which had be-
fore and might again embarass the question AS TO the
relative powers OF the Federal and State Govern
was oil the dlfflculty ldiffcultv
arising from the decisions of the Courts and The fre
qusn and eontrariety of legislation in Englan thai
exis lin laying down clear and une xcetaionable rule
OF discrimination between Bankrupt and Insolyent
laws For the present least he should not alter pt
it, He would content himself with general declare
tons That, for nearly three hundred years the two
systems had been KEEP, distinct in England That they
differed IN their origin object and provisions and had
always there and here been executed by different tr
bunas That Al the time of the adoption OF the Con
stltutlOu, thew known and shed m
England and this country, distinct systemsthe
having Tor its object TO afford summary and speedy
remedy for creditors against fraudulent or falling
traders the other aiiordng relief 10 debtors
OF all denominations. The Constitution Of the U nj
ted States he said had clothed the National Lcgisa
ture with power To establish the former and had left
the night to pass and the duty of establishing the lat
ter upon the State Governments The 93d section Of
this bill, he said was, upon any definition that nigh
be given of the different terms an lnsolvent law If
i passed that ~ il Congress had the Constitutional
power to pass H. the States had right pass any
law upon the suhjec, OF insolvency; not to au-
thorpe the discharge of debtors imprisoned upon
process issuing out of their own Courts otherwise
than as il might suit the pleasure convenience Of
Congress 10 permit, There was, he said no middle
ground II the partition wall between Bankruptcy
and Insolvency was once broken down, all State
legislation subjected 10 the absolute and arbitrary
supervision of Congress He did believe that
such was the design OF the trainers of the Consttu
ton. He did not believe that such the Constitu-
ton Ne therefore, objected 70 ne constitutional por-
er IF Congress 10 pass the section referred 10.
Mr. HARRISON rose 10 offer some remarks on
the proposition to strike cut the ninety thrd section of
the bill He regretted that the proposition had been
made, and that II came from gentleman who repre-
scented the same description Of People whom he him
self representative agricultural class. He could
not see what object the gentleman could have in
making proposition which, il il succeeded, would in
Of the passage Of the BILL conne its benefits
the trading class. Il would be Notifying him 10
~.
render II beneficial TO his constituents The pro-
visions oil the bill ought extend all who may wish
to avail themselves of IL. He had been repeatedly
asked whether the farmers of Ohio desrous for
the passage of tins bill He had replied that they
were not DESTROYS for ii; but they would consent,
without murmur, to whatever measure might be
adopted for the benefit OF our common country.
Two objections, said Mr.. Fl, have been urged
against this section One was that did accord
with the power given to Congress by the Consttu-
ton which required uniformity in the system of bank
ruptcy be established the other was, that the
ton had the character OF nsolyent act and there
fore, did not come within the constitutional power OF
Congress tie never heard constitutional objection
urged without giving the strctest attention The
sacred character OF the instrument and the oath he
bad taken 10 support IT, would always induce him TO
consider, deliberately, every suggestion which might,
be made with regard to the constitutional powers OF
Congress any particular subject But he had
been truly sstonshed al the character Of the
tional objections which had been urged in that body
during the last forty-eght hours Here Mr. II. re-
ferIed to constitutional arguments recently offered
in session relation To the treaty making pow
eT, and which however extraordinary were more
has opinion than the objection urged by the
gentleman from New York, { MI Van BUREN, against
the ninety third section OF this bill According to
that gentleman argument class Of persons could
be included in this bill who were not included in the
bsnkrup, acts of England When adop, the
laws OF foreign countries said Mr. H. must make
them suit own Institutions must adapt them
4 A.
ferent from those Of other Nations The gentleman
fran Ner York Says that IRE nusf include traders,
and but traders More difficulties would he be-
heyed, arse from the attempt TO ascertain who were
traders, and who were not than from any other part
Of the biil. Nearly all the People of the Western
country were IN some sense traders There not
farmer the. Ohio'nver who not trader
Hundreds Of boats will the ice breaks up,
descend the OHIO to New Orleans, laden with pro-
dnce II i common for the farmer when his own
produce il sufficient 10 load the boat to complete
the necessary quantity by purchase from bis neghbOrs
fGr which hecoDtrscts 10 pay at The usual time Of
| ceiYng returns fronthe adventure The produce Is
sold 70 the merohsuthe fssreceiyes the benefit Of
this acts discharged from his obligations, and
commences his business Meanwhile the farmer Is
Deprived Of the means Of meeting his engagements
be Is sued-imprson stripped Of ms pTo;ery, and
borne down BY the burden OF debt which he des
pairs Of dischsrging he unableto his ever
lions j. this The equalty Of privilege Is this the
uniformity for which gentlemen contend Equality
of nights the fundamental principle Of our inst
tuii0bs Wecould exercise no power 10 such manner
- would lead 10 voiaion Of that principle APoth-
ecsries IN England were subjects Of the bankrup art
But the interior Of this country, apothecarIes,
such arc unknow The physicisns there are their
own spothersres, They boy and sell drugs, but
they could avail themselves Of this ball ercepa BY
yirtu % ~ the ninety third section
Il may be said continued Mr. II that, il farmers
ylysions and others b. included IN the bill
usJefs their BANKRUPTCY ought 10 be made wholly
compulsory lige 10 that Of other traders.
This would ~ 10 require what merchants Themselves
would not require One reason ~hymerchsDts desire
fhe lank kara /. that fal irahers may