The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-02-11
ymemtp=St Congress.
SECOND SESSION.
IN SENATE.


repon of the Commissioners for the exploration and
survey OF the Northeastern boundary with ieicferre
a further appropriation Tor The completion q the du.
~ assigned 10 them Ihe message was refer Ell 10 tie
Committee on Foreign Relations, and oldrr,d Ia be
printed
Also report Of the Secretary ofthe Treasury. In
compliance with resolution 81 the Senate, showing
the quantity public land ceded TO each the respec
tive States certain specified purposes which vas
laid on the table, and ordered TO be printed.
Mr. YOUNG presented the joint memorial of The
General Assembly OF Illinois, praying The establish.
ment of Marine Hospital the City Of Cairo which
was referred TO the Committee ON Commerce ana Oh
dered TO be printed.
Mr. HENDERSON presented memorial Of CHI
gems Of Warren county, Mississippi in Gvor Of the
passage Of general bankrup, law; which laid on
the table.
Mr.. CLAY Of Alabama from the Committee on
the Public Lands 10 which resolution The sub
ject yesterday referred reported biilto The
Cherokee territory, in the State of Alabama the
Coosa land district, and the removal of the land Office
of said district.
On motion of Mr. C. the bill was then recon.dered
as In committee OF the whole and ordered to be
CROSSED for third reading
On motion Of Mr.. WALL the bill further supple.
mentafy TO an act entitled An act TO establish the ju
dcia courts ofthe United States, passed the Path Of
| September 1889 taken up and considered as in
committee OF the whole, and ordered to be engIossed
| for third reading.
Mr. NORvELL, in pursuance of previous notice,
asked and obtained leave To bring in bill authorizing
the United States which was read twice, and refer
red to the Committee Public Lands
The bill 10 alter of the terms of the circuit court
of the District Of Ohio, and for other purposes and
| The bill Tor the relief OF the heirs ot Daniel Petit
bone, deceased, were severay read third time and
passed,
ORDERS OF THE DAY.
The bill for the relief of Jacob Penne and others,
owners of the Eliza of Brunswick;
The bill for the relief OF the Steamboat Company of
| Nantucket;
The bill for the relief of Gaspar w. Viewer
| and
The bill for the relief Of certain companies of Mis-
sour volunteers; severaly considered in Com
miltee of the Whole and ordered be engrossed for
| a third reading
The bill to revive the entitled "An act to enable
the claimants 10 land within the limits of Missouri and
Territory of Arkansas TO institute proceedings ty
the validity OF their claims approved the 25h o May,
1924, and an act amending the same, and extending
the provisions OF said 10 claimants land within
the States of Louisiana and Mississippi taken up
on motion by Mr. Linn, who proposed several amend
meDts thereto, which agreed TO and the hill
amended d scussed by Messrs KING Linn, Se-
vier and Bayard and then ordered be engross-
ed for third reading
i THE BANKRUPT Law.
The bill to establish uniform system Of bankrupt
cy throughout the United States taken up, as in
committee OF the whole.
MIR. HEN DERSON resumed the debate and re-
viewed the ope of the law proposed by The
ator from New Hampshire if adopted on banking
and other interpretations, and the power OF Congress
far TO extend such provision II this bill could be
made 10 include one corporation he argued that it
could be extended TO oil interpretations; and, conse-
quently, township city, a county a State, and
IN short any thing that had corporate existence,
could he embraced but he denied that such power
listed In that body.
MIR. WALKER, Of Mississippi followed at great
length in support ofthe amendment and argued eabo-
raey for the power Of Congress subject banks and
other corporations to uniform Bankrupt system and
| aI m tl,ta IN uta
livered on previous day.
Mr.. CALHOUN sa,d the Senator from Mississp-
p had misappIehended his argument preceding
day. The question was not whether State ex-
cmp individual citizens from the operation of The pow
of this Government, but whether, when the State
has exercised its acknowledged powers, this Govern
ment exercise powers destructive OF the acknow
lodged powers of the States and consequently all the
remarks of the Senator from Mississpp, founded
that misrepresentation, fell TO the ground. He MIR.
Calhoun had no doubt the General Government might
tax individuals composing interpretations and the cor
porations Themselves for, according to his estimate Of
the taxing power was 10 get money and not to des-
troy for destruction would defeat its own object
With respect to the decision Of the Supreme Court, he
had no hesitation express the opinion that was
wrong. He believed the State had the right TO levy
the tax and he believed tho Senator from Mississippi
was wrong in surprising the decision founded on
the assumption that The bank was public and
private corporation. Be that as il might, his Mr..
Caihoun's) memory could not be mistaken the
point that the taxing power treated power
But TO proceed 10 another point. The Senator from
Mis- isspIi had placed his Argument as he Mr. Cal
houn) understood il, the ground that the bankrupt
power absolute power
/ He Mr.. Calhoun) understood it might extend TO
all cases of debtor and CREDITOR and that what he
! understood by absolute power Bankruptcy was a
technical term, and he concurred with the Senator
from New York, Mr. Wright and with the Senator
from New Jersey, Mr.. WALL who made report on
the subject last year, that it limited to creditors
and not TO Debtors and that such had been the basis
OF all bankrupt laws heretofore considered prop sed
for adoption, and consequently that it destructive
of voluntary bankruptcies, which We're treated
nsolsencies. Now what was the difference between
public and private corporations The one was said
he incorporation individual and special int
rest; but were not all created for public purpose,
under the plea OF pub &c purpose 1t would be a
gross abuse of power to confer such privileges unless
1t were 10 promote some public object and the people
OF the United States believed these private ncorpora
lions useful in promoting trade, and navigator
and commerce, and SO FORTH II such, then were the
object what possible difference could It make whether
the interests were separate or otherwise
After few other observations he defended the right
of the States to exercise authority the banks Of
the States and insist upon iorieiiures for suspen-
sion and he inquired whether II had come to this,
that Congress 10 Interfere because the State Lee
gisatires too inuolent too corrupt TO do it,.
lie of opinion that it not for Congress 10 I'M
deftake it. lie then stated various grounds which
he opposed this proposition He opposed leading
10 a breaking up VI system in which the debs and
credit OF the country were concentrated because II
would force universal settlement al over the land,
and because they could not do it without violation
/ OF the Constitution and also because, II they adopted
this proposition, they would Get principle which
would include every township IN New England. For
these and other reasons no opposed this Proposition
Mr., v ALKER. The Senator from South Caro-.
lima admits the power of this Government To these
institutions, but denies the power of including them
/ sb.r a,T nnp lar