The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-08-14

which would result from the passage Of the BILL in the
restoration Of many active and valuable men 10 the
business community, who were now hopelessly ex-
cluded from all enterprise or hopeful exerlion This
was very common in England The debtors affairs
and conduct were subjected TO very rigid scrutiny,
and II he was found 70 have acted an upright part he
was discharged and restored to public confidence and
the hope OF recovering bis former circumstances in the
world Laws had powerful influence upon morals;
and when the laws of country shut the door of hone
upon man who had once been prosperous, il tended
to render him reckless Of all moral restraint TO save
wife and his children from starvation he was tempted
70 view himself as warranted in the commission of
acts RON which ne would once have shrunk with hor-
Tor. by giving him full and timely discharge, he
DC saved TO his country, his family and himself
ms was Important, loo, measure of general DO
iicy; py such men our Western wilderness would be
opened ana improved They constituted large and
very enterprisng set of men, for il was men Of that
Class who, BY venturing too far, were most likely 10
become insoyent. They were estimated at not less
than halfa million. They were now in state of vas
saiage they would accumulate nothing, own nothing;
u 'ney uid, was conveyed to brother or friend
80 that the creditor was none the better for il better
let them 60 and commence new course Of effort.
and, by beneftting themselves, they would build up
the country.
Mr.. b. in conclusion, dwelt in feeling manner on
the happiness which the passage of such bill would
dlfuse through many detected and Responding heart,
and the satisfaction derived from the consciousness Of
having aided in an act at once Of policy justice, and
benevolence.
Mr.. HUNT after complimenting the chairman Of
the Judiciary Committee (Mr Barnard) on the tone
Of remark in which he had introduced and pressed
the bill upon the Committee proceeded to remark up
on the condition of his district and the wishes Of
his constituents in relation to the bill; it was not
debtor, but emphaticaly creditor dstrictagrculiu-
raj, manufacturing, and commercial in it's pursuits
yet they had pettioned in favor Of the bill not only
from motives of compassion, but from an enlarged
view OF their own true interest
He made some general remarks on the beneficial
tendencies Of general Bankrupt law as experienced
In other countries, and in its necessity here as per-
manent provision In our commercial system.
Mr.. ii. argued to show the impocy of attempting
to load the bill with clause to include banking corpo
=. % 81 do for sAnilamen voting against
the Dill TO cloak their opposition under the plea that
such provision introduced the people unders
the case, and no such plea would stand. There was
no htness In extending bankrupt provisions to corpo
rations they had none Of the attributes of natural
persons better leave the Banks to State regulation
Mr. IL said he should offer amendment exempt
ing printed books Of bankrupts to the value of fifty
dollars. tN ~
As he should have no opportunity to explain this
hereafter ne would now say he DESTROYS of saw
ing TO the bankrupt his bible prayer book and COM
mon school books to at least that amount
Mr.. II. said he should Also as at present advised
propose to postpone the operation of the act to some
day in January next, instead Of the LIST November as
now proposed.
This he should do because Congress would be in
session at that time. Amendments might be suggest
ed, and still the country would have the fall benefit
of the assurance that we designed relieving the
fortunate.
Mr.. POPE observed that there seemed very de-
cided disposition to pass this bill and he therefore
felt bound to state that it contained some principles
which, if he rightly understood them he never could
endorse. The voluntary portion of the bill, it had
been called, seemed to be the most popular but to
him it seemed to be in hostility with the Constitution,
or at least wholly unsupported by that instrument.
to affect all existing contracts and to interfere
with the relations of debtor and creditor. As to no.
nest Debtors after observation he could say that
he never had known them to be treated with oppres-
sion by creditors: imprisonment for debt he had al
ways been opposed to- he considered as utterly OPP
posed to the genius ofour Government and the character
Of our People, nor did he believe that much ever
made out Of compulsory surrender of the debtors
goods, or from the estate of bankrupt. If he was
called on to give title to this bill, he should call it
bill for the benefit of lawyers commissioners assign
ees, clerks, shers, and their associates and depen-
dants these, he believed would be the persons who
would make the most out of it, while neither debtors
nor creditors would get much of the spois. Though
young at the tme he had witnessed the practical eff
fects OF the law Of 1900, and had large estates
eaten up by lawyers and others appointed to take the
charge of them while neither creditor nor debtor in
the end got one dollar of the proceeds. -
He objected to the bill as bringing creditors within
the JURISDICTION OF the Federa courts which often
one OF two hundred miles off from their homes this
never had been intended by the Constitution. The
jurisdiction of these courts ought to be confined to
matters of national character between c
tizens OF different States but never intended to
be resorted by neighbours citizens Of the same State
A debtor might draw all his immediate neghbors, to
whom he was in debt, away to Federal court two
hundred miles distant Farmers would be slow in
tacklng up their wagons such Journey and
would rather risk the loss Of their debt Of which thew
nOt he san AFT
the man was bankrupt 1t might enrich lawyers
but he did not know any body else that would be like
y to get much good by it. The best way in general,
was to leave debtor aione he likely to make ten
times more for his creditors than when hunted by she
riffs and feeced by lawyers. The fine pictures ia
ken from novels of the cruelty of iron hearted cIed-
tors poor and honest debtors had mighty little eff
feet the Governor said upon him; he did not believe
in them. A taught =
There one question which lay at the threshold
oil this BILL and which he wanted the chairman of the
Judiciary Committee, who had introduced the bill
Mr.. BaInard) to answer. Did he contend that the
United States General Government could nullify q
contract between individuals?
MI. BARNARD replied that he was not for null
LITIGATION in any shape but he held that the Govern
ment had power, in The case of bankruptcy, to dis
charge contract from its legal effect
Mr.. POPE replied Now understand YOU and
deny that the Government has any such power Mr.
P. went to argue the constitutional question, in
ssting that no such power had evsr been delegated m
Congress. All the States had in their several State
Constitutions expressly declared that no law should
be passed imparing the obligation Of Contracts and
it would be most extraordinary that they should confer
such power on Congress. II never was inended.
Even the omnpotence Of the British Parliament lare
not attempt such thing. 1t would be violation,f
the magma charta which declared the sacredness of
private property. Could the gentleman produce a
single instance where such power had been exercised
or caimed2 .....
Mr.. BARNARD said he could and he would in
stance the whole bankrupt system Of England for the
last three hundred years, by which contracts were
just much and no abrogated than was pro-
posed to be done by this BILL
Mr.. POPE challenged Mr.. Barnard to the issue;
and they had, during the residue Of the hour sort of
coloquy single handed dissertation on the law point
The Reporter could distinctly hear much of it, as