Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-16

sooe or bs coun,rvmen with profound gratitude and
that he will earnestly devote himself 10 me ha
of the duties it imposes, so as, according ~ us
abilities, TO promote the honor ana wei'ie " N
try ,n.,rprpr DuI.
The bill TO establish uniform system =. ,,n - IN
,hronnhout the United States, being taken UP - -
Committee Of the Whole ho r;sbed 10 say n
NJ SMITH of Connecticut SAID ne "lsnea ~ ~
MT tho hill generally and therefore he should
he Glad if the Senator from Arkansas W. ~ III
o9,d ,r;tbdraw his motion to lay tie p'i' y" ne 80
Mr.. BENTON said he TOO "'Sheu ~ sa' '0'''N '7
OF the bill. ...a - ,,bdraw b;s motion.
M SMITH of Connecticut proceeded TO speak III
renlv TO the Senator from South Carolina, nf' Sai
nnn He denied that the bankrupt law could De mace
10 eyend to the n England corporate bodies, to winch
bs Senator from South Carolina had alluded, whose
Constitution and powers he explained and eiuc'-
dated They were public corporations, acting as
public funcionaries for the carrying out % 'n'
DESIGNS of the Government, some OF them WIN ~
mited legislative authority ana therefore ' rnn
neither Be taxed nor made subject to oankiupt
law. Anain he denied the existence OF Tue a,s''"e
t;on which had been attempted TO be drawn between
the banks which were State property and the banks
which we're individual property. The court mad de-
cded that State mingled individuals Gmd pian
cipated with them IN the ordins ousneS. ~ h,;o ~"
ais il was in effect, dispensauon win us pu"i'e e,a
racter and the assumption of that OF an individual 10
form currency an attribute OF sovereignty ana
would any one say that because these BANKS were state
property, they were OF governments aa
creation Of currency this Government had taken to IT.
self the States had surrendered the power, and the
States cannot exercise that power II they would But
ftbev coud such power would be political in lis nature,
and its exercise would require political organization
BY authority Of the sP ,h 'us
it had been borne in mind, nosgenteman would say
that ,b.y onobt TO he excluded from the operation Of
this bill for they neither OF public nor civil and
munc;pal character. If banks could be excluded on
the ground of their public character tor the same rea
son mrht some incorporated mercantile firms be ex-
Guided as might also other classes persons
whose business required legislative regulations There
ere turnpike roads, and ferries and markets, ana grsl
mills and various others, that were regulated by legs'
lave authority because they were connected with the
public interest; they much under legislative
control rs banks and could any say because they
were regulated and controlled by legislative authority
for the public interest," they were uded from the ope
ration of bankrupt law of public character lie again
dissented from the Senator from South oaroina VINO
said these banks could not be included IN the ope
ration of bankrupt law, inasmuch as they were
not traders and he contended that they as taders III
commercial paper, were as much WITHIN the
of the law as any other class OF traders but he oo
jected this bill nexpedent, and as ooeciohaoie
in it's character 1t was in fact, an eI post taeto law
He was aware the Supreme Court oithe United States
had decided that prohibited post tdco law was IN
lis character of criminal law only; but he (ar. Smh
contended that it equally unconstitutional IN re-
spect TO civil criminal transactions; and what was
this bankrupt bill but post tacto law intended to
operate on past and trading Transactions and
on contracts under which property was parted win.
without reference 10 such enactment, which would
be unjust to charge, by legislative enactment the
rate of interest loans made antecedcnt!y: Now such
law should only operate, in chancery practice, on
contracts made and unfulfled for the reason that the
contract was defective and could not be carried out
But he thought such law Objectionable also, as i
would place the honest trader at the mercy Of the dis.
honest as il would put the goods of the prudent and
industrious creditor in the hands of the improvdent
and extravaganza who would thereby be encouraged to
run into debit and for these and other various
which he gave, he objected TO the passage of this BILL
At the close of his remarks, the Senate went into
Executive session,
And then ad ourned.
HOUSE OF REPRESENTATIVE,
Thursday February IL, 1S4l.
1t appeared by the reading OF the journal this
ing, that Mr.. Gushing and Mr.. Wise were appointed
on the part Of this House Of the joint committee TO
wait on General William Henry Harrison, and notify
him of his election President of the IT, States. Mr..
Preston is Of the committee Oh the part OF the Senate
PENSION BILL.
On the motion of Mr.. BRIGGS the House then re-
solved itself into Committee of the Whole on the
State of the Union, (Mr. Clifford in the Chair,) and
resumed the consideration of the bill making appro-
pensioners of the United States for the year 6il The
question pending the amendment TO the BILL offer
ed BY Mr. Thompson of South Carolina, 10 appropriate
one hundred thousand dollars to be expended under
the direction of the Secretary of War; for the benefit
of such of the Seminole chiefs and warriors may
surrender for emigration.
Mr.. SMITH of Indiana being entitled TO the floor,
Observed that in the few remarks he had to make, he
should not 60 out of his way TO travel the ground
occupied by many other gentlemen Neither would
10 10, ,harf
Giddings] He would endeavor 10 confine himself to
the business before the committee.
The question the amendment offered by the
gentleman from Sonth Carolina, Mr.. thompson to
the pension bill. He, Mr. S. regretted that the pas
sage of that bill should be delayed single moment,
it due to the country that it should pass immediate
ly. But, inasmuch as the amendment had been intro
duced he deemed 1t his duty 10 say few words in OPP
position TO it.
After some further remarks, Mr. S. proceeded TO say
that he believed the Florida originated justi-
fable grounds; but whether that had been prose
cued vigorously it ought to have been, he would
not then pretend TO discuss He had understood that il
had been the object Of the Government to bring the
to a close in way honorable to 4 warlike power
But now, in the last days Of the present Administration
proposition is made by of the opposite party to
buy out those Indians. He, Mr.. s., believed it the
duty Of the Government to bring these Indians 10
unconditional submission, and not to bring the &c
a close by giving them money, ammunition, &c. Hc
dd not thnk TINS course proper Tor ending the war; ano
especially as all the obloquy would he thrown
upon the present Administration.
Mr. S. then alluded TO the remarks of Mr.. w Thomp
son in introducing the amendment, and reminded that
gentleman that, in the coming Administration, they
would have hero-a war-king-at the head of it,
under whose direction, if report true, there could
be no difficulty in bringing these Indians TO uncopd.
tional submission.
MIR. 3 after expressing at some length his opinion
that there was no danger Of with Great Britain
as anticipated by the member from South Carolina
went on TO say that he wanted the war in Florida
ended, but ended in an honorable way. Rather than il
should be terminated in any other way he willing
to entail upon the coming Administration and if they
choose to fight it out, then let them have all the glory
But if they should think proper to buy the Indians ont
then let them have all the infamy. But the Indians
were already "comng in SO fast, where was the ne.
cessitY for buying them nnf