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

are 10 be delivered 10 the Mayor Of said city 20 be BY
him filed away and preserved among the archives Oh
said city And should the said proceedings OF the com
aforesaid be approved he will report the
same with his objections, 10 Congress, al its mex.
guar session. and in that event the operation o. .hs
act shall be suspended until the further acton o. eon
gress upon the subject and the said commissioners
shall be allowed and paid out Of any money IN the
Treasury not otherwise appropriated, compensation
for their services be fixed by the President but MOI
70 exceed the sum Of six dollars each per day LOT every
day they shall be actually employed IN the perform
ance Of the duty hereby required Of them.
Sec 3. And be IL further enacted, That the Board
Of Aldermen for said city shall after the expiration Of
terms for which the existing members were chosen,
consist Of two members from each OF said SIX wards
SO as aforesaid be laid OF and ascertained, said
members 10 be residents in, and chosen from each
ward by the qualified voters IN each ward respective
ly at the time and in the manner now prescribed by
law; and the Board Of Common Council shall IN like
manner after the expiration Of the terms for which
the existing members chosen, consist of three
members, 20 be resident in and chosen ftoIn each OF
said six wards respectively, by the qualified voters
therein, at the times and in the manner now provided
by law
Sec. A. and beu enacted, That any free white male
citizen Of the United States above the age of twenty
one years, who shall have resided and had his domic
in the said City Of Washington for one whole year
Immediately preceding any election for Mayor, Alder
men, or Common Councilman, and who shall have
given in his 10 the Register of the said City at
least twelve months before the election at which he
shall to vote, TO be entered upon the registry oil
the inhabitants Of said City, which it is hereby made
the duty of said Register TO keep for that purpose and
who shall have paid all lawfully assessed TO or
upon and payable by him. shall be entitled TO vote at
such election and the neglect failure Of the corpo
rate authorities OF said city to levy 10 upon
any citizen poll tax other tax shall not operate TO
deprive such citizen of his right of voting at any cleo
ton in said city.
See 5. And be il enacted That so much of the acts
hereby contained as require any property qualification
whatever for the officers OF mayor alderman or com
mon councilman be, and the same is hereby repealed ;
but the persons who may hereafter be chosen for either
of those Offices shall respectively be in all other
| specls qualified as the existing laws require
Sc g. And be il enacted, That the corporate au-
thorities OF said City of Washington shall have full
power to levy and collect poll tax from every free
white male inhabtant of said city, of the age oftwen
ty-one years upwards not exceeding in amount one
dollar in any one year.
The amendment ordered to be printed
THE BANKRUPT BILL.
The bill TO establish uniform system OF bankruptcy
| throughout the Uniled States being taken up
| Mr.. CRITTENDEN to explain its provisions,
but he said he had intention to enter into cabo
rate argument the subject for, If debate We're TO
follow it would amount to rejection of the bill at this
late period of the session The bill had been fully
debated at the last session. when it passed, and
protracted debate was therefore, unnecessary as
he presumed the opinions of the Senators in no
respect changed. The bill was, its main features,
the the bill on which they had heretofore act
ed and, after calling the attention Of the Senate TO
report made by commissioners appointed by the British
Crown, who consisted of commissioners III the bank
ruptcy and nsovent courts he left the to the
disposal of the Senate.
/ Mr. BENTON to make motion which would
90 test principal feature in this bill it was in
relation the manner which certificates should be
granted to debtors when discharged from their debts
| The bill before them provided that the certificates
should be dccreed and allowed by the court which de-
clared the debtor bankrupt without the concurrence
of the creditors which differed in that respect rom
the English bankrupt law, and from all bills which had
hitherto been brought into Congress that subject
by which the assent OF portion OF the creditors was
always required. Now on this point he proposed to
test the Senate whether they should introduce such
innovation this bill proposed, and allow Judges TO
decree and allow certificate on case made out al
most parte and without the consent of the credi
tors. His motion to strike out the fourth Sec
on and to insert the forty second and forty sec
tons of the bankrupt BILL which was matured in the
Senate in 1927, which, if adopted, would make this
essential difference in this BILL that instead of the
bankrupt being discharged by the act Of the judge
without the consent of the creditors he should not be
discharged unless certain conditions the principal
one of which was that two-thirds Of his creditors in
number and amount, should sign the certificate. With
respect 4, the precise number he not particular
but he DESTROYS that some certain number OF the
creditors should assent thereto.
The Secretary having read the sections proposed to
| be introduced
/ Mr. HUNTINGTON concurred with his friend,
the Senator from Kentucky, that if this bill To be
debated section by section it must be obvious il could
not be passed. His own State (ConneccuO had very
little interest in this BILL yet he must he permitted 10
say that he had several objections 10 the amendment
| of the Senator from Missouri. 1t perfect
may in all Judicial proceedings TO require in such
not only the Intervention of court, but also of
twothrds of the creditors. By the fourth section of
| this BILL which it now proposed TO strike out
there ample security provided for the bona fdc
fha aft wa deter by
court and why should the of two thirds of the
creditors be required when count had determined
the debtor entitled to his discharge He could
why thus peculiar privilege should be giyen.to creditors
in this case than in any other, when they had
the opportunity to bring the debtors before proper
tribunal He reason whatever TO place such
power in the hands of creditors. He objected to
creditors with the power to nterposc unjust refusal
to the discharge of honest debtors he had also other
objections but As the had been fully debated
at the last session. he would not detain the Sc
nate
| Mr.. NORVELL hoped the amendment would not
4 be adopted. He would rather bankrupt bill
pass, Than bill with such clause az that proposed
i by the Senator from Missouri The section of the
Constitution 10 which the Senator from Missouri re-
erred prohibited the States impanng the obligation
of contracts and did not initiate against their power
to pass the bill as il was introduced He regretted to
see gentlemen much behind the age in which they
lived in reference to subjects Of this kind if they kept
equal pace with the people, they should at do
what justice, and mercy, and humanity called upon
| them to do.
/ Mr. CRITTENDEN said the bill provided that if
the creditors dissented it should arrest the judges
granting certificate, and the matter TO be put
| upon trial and if 1t then determined that the
| debtor bona fde bank rup the Judge should
grant the certificate, without the concurrence of the
creditors But it proposed so to alter il to
make the consent of the creditors indispensable in all
cases. Now the mischicvous consequences of such
power being vested in the creditors shown in the
1 toft he fish b. hal