The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-02-06

bill, but TO avoid an unnecessary consumption OF time
that the whole subject be laid on the table.
Mr.. NORVELL called for the ayes and noes
thereon
Mr.. WRIGHT suggested change Of the motion
TO one Of indefinite postponement. But If the Sena-
tor from Maryland persisted IN his notion he should
desire permission 10 say few words in explanation 81
the vote he should give, and other Senators might de
sire the same privilege.
MIR. MERRICK withdrew his motion, 10 meet the
wishes of the Senator from New York.
MIR. WRIGHT then ex planned that he should vote
for an indefinite poslponement because there was 10
reasonable hope that they could pass bankrupt bin
during the present sion there time 10 do
30, tor he knew that days would be required be-
fore they could come TO conclusion upon il in this
body. When the bill before them last year he
abored TO make il perfect the Senate would con
sent that il should be- and his duty himself would
require thai he should try again TO make il still more
perfect but at this period OF the session he would pre-
| Ter an indefinite posponement.
MIR. WHITE, after few words respecting the
near approach OF the close of the session and the pau
city of business vet received from the Other branch Of
Congress, said he felt inclined for the motion
of the Senator from Maryland Mr.. Merrick but
he should prefer postponement to day certain.
| Mr.. SEWER hoped the Senate would do OF two
things; either lay the bill the table or 20 on with
II on its merits They then wasting their time
with a discussion about what motion should be made
| Mr. CLAY OF Kentucky hoped the Senate would
go on with the bill, and discharge lis duty 10 the
country, without reference to the other branch Of
1 Congress.
! Mr.. PRESTON did not think the bill could pass
should not PISS by his vote for he should 90 against
1 it, There was now much anxiety in the country
specng this measure, and if it were postponed indie
fnitely that agitation would continue He was ready
TO vote against the bill but, as several gentlemen
anxious take the vote upon IT, he hoped II
would be such vote would quiet the matter with
| the public.
| MIR BUCHANAN could not, as at present advised,
vote for the i'll. A few days ago he said lac vii
ling TO give it fair trial, and he was not prepared at
the present stage, TO vote for laying the table lie
could wait day two but he had not the most dis
expectation that would be passed 10 the
OF day two he thought the friends OF the bill would
be satisfied could not pass, and, therefore, he would
suffer them TO 90
Mr. MERR1CK said as there appeared TO be d.
versty opinion amongst Senator'S he would not per-
| sist in his motion.
Mr.. BAYARD expressed himself to be opposed to
the BILL but he was not willing To vote TO lay It on the
| table
The question was then taken on Mr.. Benton's
motion modified on the suggestion Of Mr.. Wright,
and negatyed by the following vete-ayes ~ noes %
YEAS-Messrs. A len, Benton, Buchanan, Cal
| houn, Fulton Hubbard, King Linn, Lumpkn, Prem
tiss Roane Robinson Sewer Smith, of CT, Sturgeon,
| Tappan, w ALL and Wnght-lS.
i NAYS-Messrs. Anderson, Bates, Clay, OF Ala,
/ Clay, Of KY, Clayton, Crittenden Dixon, Graham,
Henderson Huntington, Knight, Mangum Merrlck,
Mouton, Nicholas Nicholson, NorveI Porter, Pres.
ton, Rves, Rugges, Smith, Of Indiana Southland,
Tallmadge, Walker, Webster, White, and Williams
-2S.
Mr. HUBBARD then moved that the bill be
transmitted TO the Committee on the Judiciary, with
instructions TO incorporate in il the following provi-
| sion, viz
First Proper and suitable provisions embrace all
banks and all other trading interpretations in its pro-
spectve operation
Second. Proper and suitable provisions to give the
creditors OF every bankrupt an opportunity to choose
the assignee of the estate, and only authorizing the
Judge to appoint, when the creditors omit TO do So
| rd nd itat,Ia IN secur Ia
every bankrupt, when the commission of bankruptcy
issues upon the application Of creditors right TO APP
! ply to the judge in concurrence with majority In
number and interest Of his creditors to supersede the
commission and give authority to the judge TO grant
| the application.
| Fourth Proper and suitable provisions to authorize
the Judge or court in bankruptcy, in case any bank
rupt shall pending the proceedings offer a composition
to his creditors which shall be accepted by
in amount of them, TO compel the acceptance OF the
composition by the remaining fourth in amount of the
creditors rather to accept for them and discharge
| him
/ Fifth. To strike from the bill all provisions
which preferences any class of creditors in
any State, which equally preferred by the
laws Of all the States and all voluntary preferences by
the bankrupt IN all cases
/ Sixth. Proper and suitable provisions TO punish as
I felony, any Intentional concealmeDt, Withholding
of any part Of his from his assgnees by any
bankrupt, or the connivng at any fictitious claims
| Mr.. WALKER thought the course of the Senator
| from New Hampshire most extraordinary one.
While protesting he has intention to delay action
this bill he submits notion which, If successful,
will most ehectually produce that result Did not
! ny Senator know that recommitmcnt of this bill must
inevitably postpone the action of this body upon
til so late period that will place it beyond the reach
Of the action of the House Why not propose these
amendments separately and have vote taken upon
theml In the present position OF the question, the
friends ofsome the provisions proposedby the Scna-
tor frow New Hampshire were embarrassed He him
self was IN favor of the amendment proposing include
banks in the provisions Of the bill He had voted for
II last session and he would again 70 it but if the
friends OF the banks were in a minority this floor,
and refused to subject them TO the operations OF this
law, he was not willing that his constituents should
be deprived of the benefits of the bill on that account
lie should vote against recommitl.ent cndannerinn
the passage of the bill
! Mr.. HUBBARD said he had not made the motion
to delay the bill, but because after mature reflection
he thought the provisions he had submitted should be
Incorporated IN any bill passed by Congress thesub
jet OF bankruptcy, and he thought il possible
there was majority in that body who opposed
the second OF these proposed amendmens-that OF ii
wing the creditors voice in the selection Of the assig
nee OF the bankrupt He could have proposed these
amendments separately but OF opinion that a re-
commttal OF the bill was the shortest mode OF
plishing his purpose.
| MIR. CLAY of Alabama said he was also opposed
TO the recommitment OF the bill unnecessarily delay
ing the action of the Senate upon it. He was in la
yor OF some OF the provisions proposed by the Senator
from New Hampshire, but be was most dec idedv op-
posed TO that designated by the Senator from MIsss
sippi lie would never consent that his State or the
institutions of his State, should be placed under com
mission OF bankruptcy. lie was opposed 70 the bill in
lis present shape and would vote against il. but was
willing tat It's friends should have in their power 10
make such amendments as nigh, render less obiec-
tonable to HIM and those who thought with him.
Mr.. CRl IENDEN said he hoped the friends of
the bill would vote, no, talk He need not remind them
that to delay ITS passage BY debate would az inevitably
defeat It as II there was express Of the Senate
] IN hat on.