The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-05-23

been exescissd under evsvy nonarehy md even ever,
despo&ism He asked why this power had 20, been
cxsrcised BY The Government Of the United saies
and In answer 10 this question referred to the nare
Of our institutions q the cause Of the omission Nj
TslImAdgc entered very fully into the consideration ),
the constitutional question, and demonstrated tina,
Congress had the power under the Constitution Ia
pas Bankrupt Laws.
Hecontended that this power under the Constitution
was unlimited. BY the Declaration of Independence
there sprung up thirteen independent sovereignie.
possessing all the powers TO pass Bankrupt Laws for
hemseyes, which Great Britain possessed the time
Of the separation Of the Colonies from the mother
country They might pass Bankrupt Laws, volunta
~ compulsory or extending to all corporations and
inssisutions, or Of whatever character they chose
The States, BY the Constitution, surrendered to the
States all the power they possessed the subject
OF Bankruptcy; and the only condition they pre-,
scribed was that the law should be uniform through
out the Union. Now, what is the meaning Of the
term uniform" Whycleariy refers not to classc.
Of persons; but TO places Whether the Bankup
Bill be passed applies 70 one set Of persons oa
to traders or to professional mcn-it required thai
such law should be the same--should be uniform
in every part Of the United States. The power Of
Congress over the subject, then, in his opinion was
the unlimited right to pass any uniform BankruP
Law, applicable 70 voluntary and involuntary Bank
rupss both or either class alone There could not
he maintained. be any doubt about the constitution,
atty ofthe bill presented by the majority of the
mittee.
Mr. TALLMADGE then proceeded to inquire
who the persons who have petitioned mostly Tor
bankrupt law The reply was, those who were
ious for measure To relieve the voluntary bankrupt
Mr. T. had presented the first petition at this session
from well known gentleman Of New York, Slas
Stilwen setting forth the principles and reasons
which made il expedicnt TO pass bill for the relief
of the voluntary ciaz Of bankmpts. He paid
glowing and well deserved compliment TO the exeons
of this gentleman in his State, in carrying the
great measure Of reform the abolition Of the mprison.
ment for deb and urging the public mind TO attention
ON the subject now before the Senate. The pn,ions
that had been presented, with few exceptions referred
to the voluntary class Of bankupts alone and asked
for measure to relieve them-
The States, Mr. Tamadge said, had done all they
could on this subject. They had AMPLY provided for
debtor and hence is that the appeal is made to the
General Government
Shall we, then Che asked) talk about being tran
melted By British psrcedentsl You might as well say
that the common ,ar Of England is to govern Us with
out ref7rnce the particular situation OF our country
and rs inasfutions-
Mr. T then examined the provisions Of Mr. Walls
substitute, which applies the system TO the banks
less the States should intpose % prevent tins sFfc
ton He thought this unconstitutional, becsuse
gave to the States the power TO produce the utnoH
,srety in the operation Of the bill instead Of leaving
the law uniform throughout the United States. Blu
apar from the question Of consdtutionalty, he he'd
thsf the extension Of the syssem 70 hanks was in
every respect, inexpedieni. The staaes could more
safely and probably and justly control the ins,itu
tons they created, than the General Government
could He dweIt upon this position At length; and
illustrated Il by reference tothe suppoGtous that
bankrupt law Of Congress, applicable TO banks had
been in existence in 1897 Such measure could
no, then have prevented the suspension Of specie pay
ments and il would have bcen better that tornado
should have SWEPT over the land, than that such
measure should have been carried into effect during
the Suspension Its disastrous effects could no, be
aggcrased
| Mr. Tallmadge concluded by declaring his intention
to support by his vote the bill reported by the major
lty He had been in favor of compulsory provisions
also but he yielded 70 the wishes Of others and with
chcerfulness. He had expressed his views in oppos
ton to the measure Of including the banks and other
corporations Of the States within the operation OF the
BILL but he now declared that if il was the dstcrmins
ton Of majority Of the Senate to extend the appI
cation Of the system TO banks he would 90 for the bill
Notwithstanding on account Of the other benefcis
provisions ii contains He would not consent to keep
his constituents any portion Of the people in the
embarrassment they now suffer, for want of general
system of of voluntary bankruptcy, because Sc
majors insist inserting certain provisions in the bill
to which he was opposed
He hoped that Senators on all sides would in refer
ence to this measure, above the atmosphere Of
party, and breathe the pure air of justice and humanity
Upon your action (sad he) is suspended the fate Of
thousands. Not the Of business only calls upon
you for aid but the old and young who feel the pres
sure Of undeservcd calamity, ask you for relief
From lisping infancy to lettering age: the appeal
comes from all classes Will you permit the bitter
memory of the past and the bightcd hopes of the u-
iurc to hurry them all despair for want Of that
lace and comfort which you can SO easily extend
Many have already gone down to the grave broken
hearted and desperate, from hope deferred You have
the power to those who survive and restore their
energy and enterprise-cnable them again to become
the stay and support Of parents and offspring, and
place them in situation to confer blessings all
with whom they are connected and TO contribute in
their proper spheres the advantage and honor of the
nation.
Mr.. Tamadgc closed with an elegant and impress
svc appeal to his fellow Senators forward and
discharge their constitutional duties and thus give