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

business community who we're now hopelessly a.
eluded from all enterprise Or hopeful eIerlon hs
was very common in England The debtors ahBus
and conduct were subjected 70 very rigid scrutiny
and II he was found 10 have acted upueht part b.
was discharged and restored 70 public confidence end
the hope Of recovering hIs former circumstance % e
world Laws had powerful influence upon mofa.s
nd when the laws Of country shut the door 81 hop.
upon man who bad once been prosperous, II tended
10 render him reckless OF all moral Restraint 10
wife and b children from starvation he was tempet
to view himself as warranted IN The commission I'D
acts from which he would once have shrunk Nhb hor
Tor By giving him q full and timely dschsrge. he
might be- saved TO has country his family and himself
Tins was important too measure OF general p5a
hey by such men our Western wilderness would ~
oIened and improved. They constituted large AMI
very enterpsing of men, for II was men Of thst
class who, by yentunng too far were most likely q
become insolyent. They were estimated al not less
than halfa million hey were now m state ~ sas-
salage they would accumulate nothing, own nothing
if they did it conveyed TO brother Or 4 tltnI
that the creditor The better for II heller
let them o and commence new course OF ea0ft
and by benefiitlng themselves, they would build III
the country.
Mr. b 10 conclusion dwet in feeling manner on
the happiness which the passage OF such bill would
lfluse through many detected and Responding heart
and the satisfaction derived from the Of
having aided IN act al Of policy, justice, and
bene Violence.
Mr. HUNT, after complimenting the chairman (
the Judiciary Committee ( Mr. Barnard) on he tone
Of remark in which he had introduced and pressed
the bill upon the Committee proceeded TO remark up
the condu ot his own district and the washes ot
his constituents in relation TO the bill il not
debtor, bu, enphalIcally creditor agnculu
raj manufacturing, and commercial in its pursuits
yet they had petioned in favor Of the bill, not only
from motives of compassion, but from an enlarged
view of their true interest,
lie made some general remarks on the beneficial
tendencies Of general Bankrupt law, as experienced
in other countries, and in its Necessity here per
nanent provision IN commercial system
Mr. II. argued to show the impoiicy Of attempting
load the bill with a clause 10 include banking corpo-
ratons; would ii do for gentlemen voting sganst
the bill 10 cloak their opposition under ihe plea that
such provision was introduced the people understood
the case, and such plea would stand There Was
fitness in extending bankrupt provisions to coHo
ratlons they had of the attributes of rautal
persons better leave the Banks To State regulation
Mr. II. said he should offer amendment exempt
ing printed books of bankrupts to the value Of ity
dollars
A. he should have no opportunity 10 explain tn.
hereafter, he would say he was DESTROYS q so,-
ing TO the bankrupt his bible prayer book, and com
school books to at least that amount
MIR III said he should also at present advised
propose 10 postpone the operaon Of the act e some
DAY in January next instead of the lst NoNember d
now proposed
This he should do because Congress would bc II
session al that time Amendments might be suggest
ed and still the country would have the fall benefit
Fortunate
Mr. POPE observed tha, there seemed very &c.
cided disposition 70 pass this bill and he Therefore
felt bound to state that it contained some PRINCIPLES
which, if he rightly understood them, he never could
endorse. The voluntary portion Of the bill, as i hed
been called seemed to be the most popular but 70
him it seemed 10 be in hostility with The Constitution,
or al least wholly unsupported hy that instrument
fleet all sBg contracts and TO interfere
with the relations Of debtor and creditor As 70 ho-
debtors after observation he could say that
he never had known them 10 be treated with oppres-
sion by creditors, Imprisonment for debt he had al
ways been opposed to he considered it utterly OPP
posed TO the genius ofour Government and tie character
If our People nor did he believe that much ever
made out of compulsory surrender OF the debtors
goods, or from the estate of bankrupt. If he was
called TO give title to this bill he should call it a
bill for the benefit Of lawyers, commissioners, assign
ees, clerks sheriffs and their associates and depen
jants these, he believed would be the persons who
would make The most out of IL, while neither debtors
creditors would get much Of the spois. Though
young at the time he had witnessed the practical
feels Of the law OF 1860 and had large estates
@aten "f by lawyers ana others appointed TO take the
charge OF them, while neither creditor nor debtor in
the end got dollar OF the proceeds
he objected 10 the bill bringing creditors within
the jurisdiction Of the Federal courts which often sat
one or two hundred miles of from their homes this
never bad been Intended by the Constitution The
jurisdiction Of these court, ought To be confined 10
matters Of national character between CT
tlzens OF different States but were intended 10
be resorted BY ncghbors citizens Of the same State,
"A debtor might draw al his immediate neighhors to
whom he in debt, away 10 Federal court two
hundred miles distant. Farmers would be slow in
tacklng up their wagons such a journey and
would rather risk the loss their debt OF which thew
would not be very sanguine after receiving notice that
the man was bankrupt. Ii might enrich LAWYERS
hut he did not know any body else that would be ike
~ to get much good by IT. The best way in general
was to leave debtor alone; he likely 10 make ten
Tines moie for his creditors than when hunted by she
mis- and leeced by lawyers The fine pictures ia
Ken from novels OF the cruelty OF iron hearted cled
tors over poor and honest debtors had mighty little ef
isct the Governor said, upon him. he did not believe
in them. A lauphl
There was one question which Law at The Threshold
tins bill and which re wanted the chairman Of the
Judiciary Committee, WHO had introduced the b
lMr. Barnard) 10 answer Did he contend thai Tho
United States General Government could nulGfv 4
contract between ndivdualsl
Mr. BARNARD replied tlat he was not FIR NIL
LITIGATION in any shape hu, he teId that the Govern
ment had power, in the case It bankruptcy to dis.
charge contract from is eg, effect
Mr.. POPE replied Now UNDERSTAND Won AMI
deny that the GoNernment has any sch power Mr.
L. went on to argue the constitutional aucs,,on ~
sistinr that such power had ever be dqecatcdt
Congress, All the States had il their sever Si,,,
Constitutions expressly declared that law should
be passed mpaitng the obligation OF CONTACTS AMI
Il would be most extraordinary that thcy should cont.r
such power on Congress. II never was iucnded
Even the omnipoence Of the British Parliamcn, AM
no, attempt such thing II would Re a violatioa ~
the magma chara, which declared the saciedness ~
private property, Could the gentleman produce 1
single instance where such power had been exercised
or caimedi
Mr. BARNARD SAID he could and he would H.
stance the whole bankrupt syste of England tr The
last three hundred wears, by which contracts were
just as much and no more abronated than vas pro
posed to be done by this bill
Mr.. POPE challenged Mr. Barnard toihe issue;
and they had during the re,iducof tie hour sort II