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

That tno Whoic nuDJtot uo l1t" VII sht tailr-
Mr. NORVELl. called Tor the ayes and noes
thereon
Mr. WRIGHT suggested a change OF the motion
10 one OF indefinite posiponement but II me oena-
'of nom Maryland persisted IN ms moton ne should
desire permission to say few words IN eA Panaton OF
the vote he should give and other Senators might de-
sire the same privilege
Mr MEkklCk withdrew his notion TO meet the
WISHES on the Senator from New \ ork
mr. WRIGHT then explained that he should vote
" an indefinite postponement, because there was no
lsasonanie hope that they could pass bankrupt bii
unns me present Sc sion there was not line 70 do
fore ,hav s, 'ha' some days would ne required De-
ois 'nsy Could come TO conclusion upon 1t IN this
pyuy hen The bilI was before them last year. he
| =. MAKE u as perfect as the Senate would con-
Seh' '"at should be, and his duty TO himself would
put a. TINS period OF the session he would pre-
Ter an inuennite poslponement
Mr. w hiiE, after few words respecting the
oi 'ne close OF The session and the pau
NV ~ CUISINES yer received nom the other branch OF
congress sa'd ne eit inclined TO vote for the motion
| o. 'ho Senator nom Maryland, lMr Menick j but
ne sho9l1 prefer posPonement to day certain
mr.. oE ' len hoped me Senate would do one oftwo
thngsi either lay the bill on the table 90 with
On us merits lhey were then wasting their time
WIN discussion about what motion should be made
Mr' oLh I, OF hen'ucky, hoped the Senate would
60 on with the bill. and discharge lis duty 90 the
country, "i'hout reference 70 the other branch Of
Congress.
Mr.. PRESTON did not think the bill could pass
should not pfss by ms vote Tor he should against
IT. mere was now much anxiety IN The country re-
specng TINS measure and, II 1t were postponed indie
1nitey, that agitation would continue He was ready
to vote against the bill; but, as several gentlemen
were anxious TO take the vote upon IT, he hoped 1t
would be such vote would quiet the matter with
the public;
| Mr. BUCHANAN could not, as at present advised
vote for the bill few days ago he said he will
ing TO give faIr trial. and ne was not prepared at
the present stage TO vote Tor laying ON the table he
could wait day or two but he had not the most dis
tant expectation that would be passed. lnhe course
OF day ortwo, ne thought the friends OF the bill would
be satisfied could not pass and therefore, he would
su1er them togo on
Mr. MERRlCK said, as there appeared to be di-
versty OF opinion amongst Senator'S he would not per-
slst IN his motion
Mr. bA ARD expressed himself to be opposed TO
the o Dat he was not Wiling to vote TO lay on the
tapie.
Inc question was then taken on MT. Bentons
motion as modlhed on the suggestion OF MIR. Wright,
and negauyed by the following veteayes IL, noes D.
fEAo-Messrs, len, Benton, Buchanan, Cal
| noun, luton, nuppard Ming, Linn, Lumpkln, Prem
tlss koane Roonssn Sewer Smith. OF Ct, Sturgeon,
lappan, w AL and Wnght-lS.
i NAYS-Messrs. Anderson, Bates, Clay, of Ala,
Clay OF Ky, Clayton, Crltenden, Dixon, Graham,
Henderson, Huntington, Knight, Mangum, Memick,
Mouton, Nicholas Nicholson, NoryelL Porter, Pres
i ton, Rlves, Rugges, Smith, OF Indiana, Southland,
TalImadge, Walker, Webster, White and Williams
-2o
i MT. HUBBARD then moved that the bill be
transmitted to the COMMITTEE on the Judiciary, with
instructions to incorporate in it the following provi-
sion, viz
First Proper and suitable provisions to embrace all
banks and all other trading interpretations In Its pro-
i spective operation
i 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 doso
Il Third Proper and suitable provisions to secure to
every bankrupt, when the commission of bankruptcy
the application creditors, night
ply to the Judge In concurrence with a majority In
number and interest OF his creditors to supersede the
commission and to give authority to the Judge to grant
the application
i Fourth. Proper and suitable provisions to authorize
the Judge, or court In bankruptcy IN case any bank
rupt shall pending the proceedings, offer 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 or rather to acceptt for Them and discharge
nm
4 fIth. 10 strike out from the Dill all PROVISIONS
winch secure preferences TO any class OF credors IN
any one State, which are not equally preferred by the
laws OF all the States and all voluntary preferences by
the bankrupt In all cases.
SIKH Proper and suitable provisions TO punlsn as
felony, any intentional concealment, or withholding
OF any part OF his assets from his assignees by any
bankrupt or the connivlng at any fictitious claims
against MS estate
i Mr. WALhEK thought the course OF the Senator
from New Hampshire most extraordinary one.
ME processing he has no intention TO delay action
on this bill, he submits motion, which, II successful,
VIII most eiectuay produce that result Did not eve
Iy Senator know that recommtment OF this bill must
inevitably postpone the action OF TINS BODY upon un-
III SO iate PERIOD tnst VIII place beyond the reach
of the action of the House, Why not propose these
amendments separately, and nave vote taken upon
themf In the present position OF the question the
TRENDS Oh some OF the provisions proposed py inc oena
toI ROW new hampshire were embarrassed re nln-
sell was In favor OF the proposing conclude
banks In the provisions OF the bill lie had voted Tor
last session and ne would again vote To- II put II the
friends OF the banks Were IN minority on tins floor,
and refused TO subject them TO the operations Of TINS
law, he was not willing that his constituents should
De deprived OF the dement's OF the pl on tha account
he should vote against recommtRent endangerng
the passage OF the BILL