The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-07-24

.YEAs.-Messu. Allen, Archer, Bates, Baysrd Bsrr
Iien, Choate, Clay, Of KY, Clayton, Evans Graham,
Henderson, Huntington, Mangum, Miller, Phelps,
Porter Preston, RIves, Simmons, Southland, Tall
madge, Walker, Williams, Woodbridge-A.
NAfS-Messrs. Barrow, Benton, Buchanan, Cal
houn, Clay OF Ala, Dixon, Fulton, King Linn, Mcho-
berts, Monton, Nicholson, Pierce, Prentiss Sewer,
Smith, find, Sturgeon, Iappan, White, Woodbury.
Wright, Young-22 a
The question then being on the amendment as
amended.
Mr. CALHOUN said his opinion Of the un-
constltutlonalty of this amendment remained un-
changed. II was not case of comprehending corpo-
ratons made by themselves but by the States The
amendment assumed that the States could not do their
duty, or would not, fthey could. He would not go
into an argument; his object was simply to say that
he deemed it both unconstitutional and inexpedient
Mr.. WRIGHT believed that consideration for the
interests of the country strongly urged Congress TO
establish system of bankruptcy, applicable to existing
banks and in this respect would do more tor regus
ing the currency than any National Bank that the in
genuty of man could devise.
Mr. CALHOUN said if the Bank bill passed no
provision of this kind would be applicable TO It, and
thus their Bank would not be affected by this
Bankrupt Law, to which they subjected all other
banks. ~.
MIR. WOODBRIDGE said the act of bringing into
existence corporation involved many powers OF so
yeregnty, and the corporation was to be under the
control of that sovereignty only In this view OF the
case he could not concede the power OF the General
Government over the Banks created by the States,
and should vote against the amendment.
The amendment as amended, was then rejected by
the following vote ~~
YEAS-Messrs. Allen, Bates, Bayard, Benton,
Buchanan, Linn, McRoberts Nicholson, Pierce,
Smith, Of Connecticut, Sturgeon, Tappan, Walker,
Williams, Woodbury., Wright l6
houn, Choate, Clay, of Alabama, Clay of Kentucky,
Clayton, Cuhbert, Dixon, Evans, Fulton, Graham,
Henderson, Huntington, Kerr, King, Mangum, Mer-
rick, Miller, Morehead, Mouton, Phelps, Porter,
Prentiss, Preston, Ryes, SEWER Simmons, smith, Of
Indiana, Southland, Tamadge, White, Woodbridge
"a -... ..m.... - ..@. ...~.. -. +.
Mr.. WRIGHT moved to amend the bill by strk-
ing out the last proviso of the I'd section of the BILL
which provides that nothing in this act shall be con
srued to annul impair any lawful rights OF married
women, or minors, any leins, mortgages, or other
securities property real or personal, which may
be valid by the laws of the States respectively and
which not inconsistent with the provision OF the
second and fifth sections of the act -.
| This was discussed by Messrs. WRIGHT, MOU-
TON, BERRiEN, WALKER, HUNTINGTON,
| and PRENTISS. ~ 1M..@.* Fl. )
! Mr. TAPPAN moved an adjournment; which
was negalived: Yeas l6, nays 20.
The question recurring on the amendment OF Mr.
| WRIGHT it was negatived follows
YEAs-Messrs Benton, Clay, of Alabama Full
ton, King Linn McRoberts, Nicholson, Pierce, Prem
tiss, Sewer, Sturgeon Tappan, White, Williams
Woodbury., Wright, Young-17
/ NAYS-Messrs. Archer, Barrow, Bates, Berrien
Choate, Clay, of Kentucky, Clayton, Dixon, Evans
Graham, Henderson, Huntington Kerr, Mangum
Merrick, Miller, Morehead Mouton, Phelps, Porter
Preston, Rives, Simmons, Smith, of Conn, Smith, o
Indiana, Southland, Tallmadge Walker, woodbridge
80. ..E... - .."
Mr.. McROBERTS moved an amendment to strik,
out, in the ID section, 18th line, the words " NOR
than two months" (Which is the least time that any
transactions entered into with the bankrupt before the
filing of the petition against him shall not be invada
ted by this act) '..a
This after brief discussion by Messrs. MORO
BERTS and BERRIEN, YVES rejected without divi
sion. ...s
MIR. YOUNG offered an amendment to the 1st sec.
ton, sixth line, after the word debts" to insert
(which shall not have been created, in conse-
quence of defacaton as public officer, or as an ex-
ecutor, guardian, trustee while acting in any
other than his usual capacity"
This was rejected, without division.
The bill was then reported to the Senate, when
| the amendments of the Committee were agreed to.
Mr.. YOUNG renewed the motion for his amend
ment. He said he had but little feeling on the bill,
but would vote for it, if the amendment was adopt
ed. He would not without, he could not consent
to include in the benefits of the act, swindlers de-
Mr.. WALKER thought man who misapplied SO
sacred a thing trust funds, should not have the
benefits of this act.
Mr. CLAY was equally opposed to swindlers and
| ucldlcdtoTS, anu Woulu Fotc dLcnumcul.
After slight modification of another portion Of
the bill to conform to this the amendment agreed
to without division.
The question of engrossng the bill to third read
ing was then taken, and carried, by the following
vote fl ., a.,
YEAS-Messrs. Archer, Barrow, Bates, Berrien
Choate, Clay, of Kentucky, Clayton, Dixon, Evans
Graham, Henderson, Huntington, Mangum, Miller
Phelps Porter, Preston, Rves, Simmons, Smith, Of
Indiana, Southland, Tallmadge, Walker, White Viii.
liams, Woodbridge-26. ...s r. .n.a.. ... 80 .
NAYS-Messrs. Allen, Bayard Benton, Bucha
nan, Calhoun, Clay, of labama Cuthbert, Fulton
King, Linn, McRoberts, Mouton, Nicholson, Pierce
Prentiss, Sewer, Smith, of Connecticut, Sturgeon
Tappan, Woodbury., Wright, Young-22.
On notion the Senate then adjourned.