The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-12

do but put an apron on and he could catch his lap full
at any time True, the contracts then made ii strict
ly construed bound the TO pay for every dollar
his bond constitutional dollar but 10 exact this now
was in truth and in reality TO two dollars for
one. Was not this case demanding the interpos
ton of Congress- if had the power 10 grant relief
Surely the case had arisen which the Constitution
contemplated when the power was given. Let bill
this subject pass and there were no fears as To its
fate at the other end Of the Avenue or the message
at the opening of the session forbade that idea
Mr. X here addressed the House in persuasive
stain, referring TO the action which the bill had
ceived IN the other branch, and dwelling on the ne
cessity of laying aside personal predictions and pre-
JUDGES, and concedng little to effect great and
good object lie INDUCED in some pleasantly as TO
the stictness Of the party drill, and the orderly sub
mission to caucus resolves which had been manifested
on questions of strictly party character but this
men of all parties might act together
MIR. X. concluded by stating and explaining some
amendments which he proposed 10 offer, the last OF
which went TO include banking corporations in the
operation of the bill but this he did not intend to
consider MS sine qua non though he should greatly
prefer the bill with such addition. He made an ap
peal, in closing TO the majority Of the House praying
them far to concede to the minority not To spring
the previous question upon them until opportunity
had been given TO offer the principal amendments and
to record the yeas and nays upon them.
MIR MASON, of Ohio, next obtained the floor
and weut into a very learned and argumeniative
speech in reply more particularly TO some OF the po-
stons previously taken by Mr., GORDON, between
whom and himself several explanations, replies, and
rejonders passed, chiefly having reference TO law
technicaities which the Reporter does not pretend TO
comprehend MIR. M. went largely into the consttu
tiona question, well into the expectancy and ne
cessity of the law, both Of which he defended with
great earnestness.
Mr., FERRIS took the opposite side, and spoke with
his accustomed cearness and cogency IN opposition to
the bill, going, in its humane regard to the misfor
tunes of the debtor 10 violate the Constitution by de-
t.L
of his just remedy against those who would detraud
him of his due. Sound-mnded and thinking men
would be swayed by the impulses of passion and
the strongest appeals Of eoquence TO do great public
wrong. They would not vitality stab the Constitution
of their country, which was the safeguard well of
their rights those Of others.
MIR. + then went into a constitutional argument
reading authorities TO show what had been the
ceived accepation of the term bankrupt at the time
the Constitution had been framed; and contendet
that no subsequent change In its meaning would war
rant Interpretation inconsistent with the known
meaning OF the words when they were inserted in the
instrument He admitted that the British law from
which this meaning had been derived was a narrow
law, and he might wish it had been liberal but
this conferred no power on Congress to change the
meaning of the terms of that organic law by which
Congress itself as well the nation bound
This was not question Of implied, but Of granted
powers The resort must be to the letter of the Con-
stitution. A Bankrupt law had been intended as
shield to creditors against the fraud and injustice oil
dishonest debtors; but this bill converted the shield
into sword TO be put into the hands of the debtor.
He considered such law of the most tyran
meal exercises of power which The mag nation could
conceive. No precedent tol il to be found since
the dark ages. 1.-THE state Of the community required
relief, let the relief come from the proper quarter
from the Legislatures of the States from the mercy
and consideration OF the creditor which was rarely
appealed 10 in vain by honest debtor, who could
show clear and make a fair surrender
Mr.. F. opposed the law, not being uniform in its
opei alton, and therefore not constitutional lie ar
gued this point from the different liens created by the
laws of different States, the property OF debtors.
Explanations were passed 10 the laws of Louis
with MIR. MOORE, and as to the laws of Con-
neccut with Mr.. TRUMBULL.
MIR. FERRIS waived the question Of expedency,
partly for want of time discuss it, but chiefly the
ground that if a law was unconstitutional it never
could be truly expedient
The Committee then rose and reported progress.
On leave given, Mr. STOKELY, of Ohio, pre-
scented the petition of DR.. Crawford, Robert Beves
and lib Others citizens of Jefferson county Ohio
monstrating strongly against the repeal of the indie
pendent Treasury; establishment of Fiscal Agent
distribution of the proceeds of the public lands, and
against protective tariff.
And the House adjourned