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

1 James, Cave Johnson John w. Jones, Klein, A.
Kennedy, Lewis, Lialefed, Lowell Abraham Nc
| Clellan Mckay, Mallory Marchand, Mathews, Nor
ris Newhard, Owsley, Payne, Pickens Plumer, Pope
Alexander Randall, Reding, Rhett, Riggs, Sanford
Saunders Shaw, Snyder, Steenrod, Stokely, Sum
mers Turney, Van Bu.en, Weller, Westbrook, JAS
w. Williams, Wse-S9
/ So the resolution was not adopted.
MILITARY LAND WARRANTS.
i On motion of Mr. MORROW the engrossed bill
further to extend the time for locating Virginia militia
ry land warrants, and returning surveys thereon TO
the General Land Office, was taken up, read a third
time, and passed.
The Speaker laid before the House certain deposit
tons in the case of contested election from the State
And also in the case of contested election from the
! Territory of Florida.
| All which were referred to the Committee on Elec-
| tons.
NAVY PENSION FUND.
On leave, Mr.. WISE, from the Committee on
Naval Affairs reported back to the House the bill pro-
vidng for the payment of Navy pensions which had
| been returned from the Senate with amendments in
which the committee recommended the concurrence Of
! the House.
! The amendments were understood to be that no new
cases should be admitted under the law Of 1887 and
prescribing the time during which the pensions al
ready granted under the law should be received.
/ Some explanations followed, between Messrs
WISE, FILLMORE, ADAMS, MCKAY, CAVE
JOHNSON, and BRIGGS.
! When Mr.. ADAMS moved to amend the amend
ment of the Senate, by adding thereto provso that
nothing herein contained shall be construed so as to
affect pensions granted to officers seamen and marines
by special act Of Congress, in which act such officer
seaman, or marine shall be designated by name.
Mr. WISE moved the previous question; which
/ was seconded.
And the main question (beng the first the amend
ment to the amendment as proposed by Mr.. Adams)
decided in the negative Ayes GA, noes 100.
So the amendment to the amendment was rejected.
And the amendments of the Senate were then con-
MI. MOORE asked the House to take up, at this
time, certain resolution of inquiry offered by him
MI. j. q. FLOYD objected
4 On leave given, Mr.. STEENROD presented the
resolutions Of portion of the citizens Of Wheeling,
Virginia, protesting against the incorporation of
Bank of the United States and avowing the right of
the People to repeal any such incorporation.
Also, the resolutions of meeting of the citizens of
Ohio county, holden at Tradelphia, demonstrating
against the legislation of Congress at this session. and
ayowng the right Of the People to repeal the charter
of Bank of the United States. &z#
i All Of which were laid on the table, 4
BANKRUPT LAW.
On motion Of MI. BARNARD, the House again
resolved itself into Committee of the Whole on the
state Of the Union (Mr Tllinghast of Rhode Island,
in the chair the bill from the Senate to provide
for the establishment of uniform system of bank
ruptcy throughout the United States.
il Mr.. MILTON BROWN, after congratulating
himself and the House that the bill under consi
deraton was measure holly unconnected with par
ty politics. said that united considerations of the
wisest national policy with those Of humanity and
justice The only difficulty in the found in
the apathy of the House and the indisposton Of gen.
temen to enter into careful investigation of the sub
ject. ~
He went on to observe that the obi ect of general
bankrupt system was one which commended itself
alike to the debtor and the creditor He not
that his own constituents peculiarly desrous OF
such law on their own account: they were plant
ing and agricultural people, and had suffered little
from visits of the specializing mania as any portion Of
the Union The policy was engrafted into the Con-
stitutlon, and was one in which the whole country
had general interest The origin of the process for
bankruptcy had been exclusively with the creditor,
the system, when rightly administered was as much
shield to the honest debtor it protective the
| rights Of creditors. There not civilized coun-
try in the world without law of the kind the sys-
tenn had existed in Great Britain for three centuries
had received the deliberate appreciation of wise and
commercial people, the sanction of the most enlight
ened British jursts and had recently been very great
ly extended by the legislation of Parliament. Ours
was the only enlightened commercial nation which
manned at this day destitute of benefcent regua-
ton: and who could give valid reason why its adop-
ton so long delayed2 In the recent extension
of the system in England, new classes had been
brought within it's operation, the voluntary principle
had been introduced and, though not extended quite
as far as this bill proposed, it would, before many
years. embrace, he doubted not, every class in the
community.
The trainers of our Constitution had engrafted in
it provision comforting on Congress the power to
pass general and uniform law for the whole land
and the vote upon the adoption of that clause of the
instrument showed majority of nine States TO
proof how entirely the measure received the sane.
ton and appreciation of the American People. After
this, it indeed matter of establishment that Con-
gress should only have exercised the power and
then but for shot time. The reason why the law
of 1900 had been repealed to be found in
the narraw, partial, and temporary character of it's
provisions which seemed rather intended to release
the debtors then in the country than to make wise
and permanent provision for future time. But, no
sooner had this law been repealed than the want of
ii generally felt and the States accordingly COM
menccd to pass laws Of their own; but these how
wisely they might be framed with reference to
the wants of each State inadequate to provide
uniform system for the whole country. They had IN
the meanwhile generated naturally and from habit,
an attachment in the minds of gentlemen here each
to the law of his own State; and this might have
been one reason why general law had not earlier
been introduced.
i M. B. declined entering at large on the constitu-
tional power to pass such law because that question
had been already SO fully argued
Mr.. B. dwelt upon the policy of granting an insoI-
vent debtor full discharge that which was most
likely the interests Of the creditor He adj
vered the intuitve love of freedom and the ress-
lance to oppressive force which strongly marked our
countrymen and TO the far stronger influence of feel
ngs of honor and gratitude those of degradation
and fear 1t had once been deemed necessary and
just to imprison the debtor; this was abrogated
as a relic Of barbarsm. To retain an endless lien
upon all the future efforts and acquisitions Of the debt
or little better for it reduced him, in effect to
the condition of slave. If it said that when
creditor trusted his property, he looked for his security
OILS property Mr.. B. replied, very well; let him con-
tinue look; this bill did not interfere with such
reliance in the least Mr.. B. had had some experience
in the collecting Of debts; and he had found that