Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-09
IN SENATE.
Thursday, february 4, 1871.


ton from the Secretary of the Treasury, IN reply 10
resolution of the Senate, requiring plan OF home
valuation goods imported 'nstead OF valuation IL
foreign countries which ordered TO be printed
Mr.. TALLMADGE presented memorial ut Cen
Edmund p Gaines, submitting system OF national
defence: which was referred to the Committee on Mt
ltary Afairs
MIR. LINN, from the Committee on Private Land
Claims, to which was referred the bill granting pre-
emption right Enoch Evans, reported the same win
out amendment , !,
MIR. KING, in pursuance Of previous notice, asked
and obtained leave to introduce bill to authorize
Alexander Pope introduce materials for three iron
steamboats, free of duty; which was read twice, and
referred 10 the Committee on Finance.
Mr.. WILLIAMS, from the Committee on Naval
Affairs 10 which was referred the communication oithe
Secretary of the Treasury the subject Of American
watrrrotcd hemp, reported joint resolution on the
subject: which read, and ordered 10 second read
ing. ;, ,>...
Mr.. MERRICK, from thu Committee on the District
of Columbia to which was referred the bill to amend
and connue in force the act incorporate the nab-
ants cfihc City of Washington, reported the same win
amendment.
The amendment was ordered to be printed.
THE BANKRUPT BILL
The hill To establish uniform system OF BANKRUPTCY
throughout the U. ). being taken up,
Mr. CRlTTENDEN rose 10 explain its provisions,
ut he SAID he had intention to enter INTO an elabo-
rate argument the subject for, II debate were 10
follow it would amount 10 rejection "f the OH al
this late period of the session. he bi had peer iuiy
debated nj the last session. when It was passed. and I
,ro,rac,d debate was, therefore. unnecessary as
Inc presumed the opinions Of the Senators were, III ~"
rcspnct changed The bill was, IN It's man features,
The same as the bill which they had heretofore act
ed and after calling the attention OF the Senate 10
a report made by commissioners appointed by the
British Crown who consisted OF commissioners IN thr
and nsovenl COURTS he left the measure to
the disposal IF the Senate.
Mr.. BENTON rose TO make motion which would
90 TO test one principal feature in this bull; Il was IN
relation to the manner which ccItihcales sn"ua De
Granted 10 debtors when discharged from their debts
The bill before them provided that the cert tae should
he decrerd and allowed by the Court which declared
the debtor bankrupt without the concurrence oi
the creditors, which differed IN that respect from
The English bankrupt law, and from all bills whch
had hitherto been b.nught into Congress on that
subject by which the assent OF portion Of the crrd'
tors was always required. Now on this point he
nro,osed 10 test the Senate, whether they should IN
troduce such an innovation tins bill proposed, aud
allow JUDGES decree and an" certificate on Il
case m ,d out a! no erpartr, and without he consent
of the creditors Hrs tnn was 10 strike out Inc iou III
sec,on and 10 insert the forty second aud forty tnrh
rc,;ons of The bankrupt BILL which was ma'nred IN the
S.,o,. IN 1927 which, if adopted, would inake tins RS
s.nol difference this bill, that instead ot the bank
rup being discharged by the act OF the Jndge wth"nt
mo consent o the creditors he should not be discharged
nnlss ON certain conditions, the principle one OF which
wos that two-thrds of his creditors IN number anc
amount, should Glgn the certificate. WIN respec.
To the precise number he was was not particular,
bu, he was desirous that some certain number OF
the creditors should assent thereto. lie oeieSeu
this mower was due to the creditor; 1t was pow
r which CONGRESS should not undertake TO take away,
indeed il was one of the great fundamental pfincl
niles Of the bankrupt bill, which had not hitherto, e
her in this country in Ensan been departed frnn
that the creditors should control The issuing of the cer
Al I'D n / under
our constitutions which prohibited them from impair
nr the obligation of contracts, they ought not deprive
he creditor of the just right lie had exercised IN such
cases under similar laws. What could b. objected 10
sucb proyison' Would 1t be sad TINT the creators
would be hard. hearted and that therefore they would
,-;,hbold the certificate from a poor debtor who had
bscome so by misfortune, inprovldence even: such
IN ,ranment was contrndcted by experience, when
t,uobt them that where there was fairness on Tue part
of the debtor towards the creditors, there was almost
uniformly generosity TO The 'mpoVef'sea a"u a
debtor on the part Of the creditors II had been TIE
practice for the debtor and the creditors 10 meet toge
thor ard where the debtor showed himself to be honest
lv indebted and unable TO meet his engagements, he
was reeased and he (Sr Benonl held then that there
o nothing in the argument that creditors were hard
ho,r,ed 10 object to the substitute which he offered
He therefore moved to strike out the fourth section,
and insert the sections he had mentioned
The Secretary having read the sections proposed TO
be introduced -
MIR. CONQUERED Will MS ii's"o' 49,
Senator from Kentucky, that if this question was to be
debated section by section, it was obvious 1t could not
be passed His own State (ConnectcuD had very 1T
tie interest in this BILL yet he must be pernt'ea 10 say
that he had several objections to the OF The
Senator from Missouri. 1t was perfect anomaly IN
all judicial proceedings TO require in such cases not
only the intervention Of court, but also OF twothrus
of The creditors By the fourth section of this o'll
which it was proposed to strike out there was am
pie security provided for the bona Jfdc creator Tue
tah
should the consent of twothrds of the creditors DC re
qured, when Court had determined the a.TioF emu,
tied to his discharge He could not see why 'hs
liar privilege should be given TO creditors IN ms case
more than IN any other when they had the oppo,'uny
to bring the creditors before proper tribunal, ne
snw no reason whatever to place such power IN the
h,nds If creditors He objected to vest creditors with
The mower to interpose unjust refusu to the dis
CHARGE of honest debtors he had also other objections
Int a. the measure had been fully debated at the last
session. he would not detain the Senate.
MIR. HUBBARD had considered this bill, and had
prepared motion which he had intended to submit to