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

| YEAS.--Messrs. Allen, Archer, Bates, Bayard Der
rien, Choate Clay, of KY Clayton, Evans Graham,
Henderson, Huntington, Mangum, Miller, Pnelps,
Potter, Preston, Rses, simmons Southland, Tall
nadge, w alker, Williams Woodbridge
/ NAlS-Messrs. Barrow, Benton, Buchanan, Cal
houn, Clay, at Ala Dixon, Fulton, King Linn McRo-
berts, Mouion, Nichol on, Pierce Prenliss Sewer,
Smith, Of Ind, Sturgeon, 4 appan, White Woodbury.,
Wright Young-22.
The question then beisg the amendment as
| amended.
Mr.. CALHOUN said his opinion Of the un-
constitutionality Of this amendment remained un-
changed IL was not case Of comprehendng corpo-
ratons made by themselves but by the States. The
amendment assumed that the States could not do their
duty, would not fthey could He would not 60
into argument; his object was simply to say that
he deemed both unconstitutional and incl pedent.
Mr. WRIGHT believed that consideration for the
interests of the country strongly urged Congress to
establish system OF bankruptcy, applicable TO existing
banks and this respect 1t would do for regulot-
ing the currency than any National Bank that the in
genuty of man could devise.
/ Mr. CALHOUN said il the Bank bill passed no
provision Of this kind would be applicable TO it, and
| thus their own Bank would not be affected by this
Bankrupt Law, to which they subjected all other
banks.
Mr.. WOODBRIDGE said the act of bringing into
existence corporation, involved many powers of So
veregnty, 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 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.
I NAYS-Messrs. Archer, Barrow, Berren, Cal
houn, Choae, Clay, of Alabama Clay, of Kentucky
Clayton, Culhbert, Dixon Evans, Fulton, Graham
Henderson, Huntington, Kerr, King, Mangum, Mer-
| rick, Miller, Morehead, Mouton Phelps, Porter
Prentiss Preston Rives Sewer, Simmons, Smith, Of
| Indiana, Southland, Tallmadge, White, Woodbridge
81
4 Mr. WRIGHT moved to amend the bill by strik-
ing out the last proyiso Of the ID section of the BILL
which provides that nothing IN this act shall be con
strued to annu or impair any lawful rights OF married
women, minors, any LENS 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
i This was discu -sed by Messrs WRIGHT, MOU-
/ TON, BERRlEN, WALKER, HUNTINGTON,
| and PRENTISS.
Mr. TAPPAN moved an adjournment; which
was negatived Yeas It, nays %.
The question recurring the amendment Of Mr..
| WRIGHT, II was negatived as follows.
] YEAS-Messrs Benton, Clay, of Alabama, Full
ton, King Linn, McRoberts Nicholson, Pierce Prem
tss, Sewer, Sturgeon, Tappan, White Williams,
Woodbury., Wright foung-lI
/ NA4S-Messrs Archer, Barrow, Bates Befrlen,
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, OF
Indiana, Southland, Tamadge Walker, Woodbridge
80
Mr. McROBERTS moved amendment to strike
out, in the ID section, 18th line, the words more
than two months" (Which is the least time that any
transactions entered into with the bankrupt before the
| Ar Il
! ted by this act +..4.
! This, after brief discussion by Messrs. Nero
BERTS and BERRlEN, WIS rejected without divi-
sion.
! Mr. YOUNG offered an amendment to the lst sec
ton, sixth line after the word " debts to insert
which shall not have been created in conse-
quence of deiacation public officer or as an ex-
ecutor guardian, or trustee, while acting in any
other than his usual capacity"
| This was rejected, without division
The bill 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 as he could not consent
TO include in the benefits of the act, swndlers, de-
! facators, etc.
Mr. WALKER thought man who misappied so
sacred thing trust funds, should not have the
/ benefits Of this act
/ Mr. CLAY was equally opposed to swndlers and
defalcators and would vote for the amendment.
After slight modification of another portion of
the bill to conform to this the amendment agreed
to without division.
The question of engrossing the bill to third read
ing then taken, and carried, by the following
vote
YEAS-Messrs. Archer, Barrow, Bates, Berren,
Choate, Clay, of Kentucky, Clayton, Dixon, Evans,
Graham, Henderson, Huntington, Mangum, Miller,
Phelps, Porter, Preston, Rives, Simmons, Smith, of
Indiana, Southland, Talmadge, Walker, White, Will
lams, Woodbrldge-26
NAYS essrs. Allen, Bayard, Benton, Bucha-
nan, Calhoun, Clay, of alabama, Cuthber Fulton,
King, Linn, McRoberts Mouton, Nicholson, Pierce,
PrentIss, Sewer, Smith, of Connecticut, Sturgeon,
Tappan, Woodbury., Wright, Young-22.
On motion, the Senate then adjourned