Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-10
CONGRESS ON THURSDAY.
CsrsIPsndsnes Of the Baltimore Patriot.
WASHINGTON, Feb. 4, Is4I.
UNITED STATES SENATE.

UNITED STATES SENATE.
The Vice president laid before the Senate a COM
munieatiou from the Secretary OF the Treasury,
in reply to resolution Of MIR Clay, OF KY, calling
Tor plan oi assessing foreign merchandise import.
ed into the United States, according TO the home
valuation.-0nc thousand additional copies were
dered to be printed.
Mr. CLAY presented the petition of number
Of citizens Of Camden, South Carolina, he did not
know why It had been transmitted to him for pre- +.
sentaton, praying for the passage ola general Bank
rupt Law
MIR KING asked thata new member Of the Com.
mittee on Commerce should be appointed to fill the
vacancy occasioned by the resignation Of MIR Davis
of Massachusetts.
STEAMBOAT BILL.
MIR RUGGLES moved to take up the bill pro-
vdng for the better security Of passengers in steam
vessels.
MIR LINN strongly urged the importance Of the
measure 10 the West and and South West.
II was objected, that the Bankrupt Bill was
signed Tor to- day-and, after some conversation, the
motion Of MIR Rugges was rejected.
The general orders were then taken up for consd
erdton and the FIRST was the bill for the relief of
certain officers OF the Scientific Corps, attached TO
the Exploring Expeditions; which, after some discus.
sion, was ordered to be engrossed and read a
third time.
The Senate then proceeded to the consideration
Of the Bill establishing
UNIFORM BANKRUPT SYSTEM.
Mr. CRIrTENDEN rose, and said the bill was
the same in all important respec's rs that which
passed at the last session. Il embraces in its pro-
visions all classes OF debtors who were unable TO
pay their debts, and willing TO make fair and
free surrender OF their property; and also those who
endeavor by fraud to escape the payment OF their
debts, and yet retain their property. The latter
compelled 10 come under its operauon;-bul, as
to all Others il is left quite optional whether they
shall take the benefit of the act not.
Mr. CRlrTENDEN spoke of the great impo--
lance of the measure in such community ours
with so much activity and enterprise. be dwet
upon the hopeless condition OF the honest but I'M
fortunate man, who is bowed down by a weight Of
debts which he cannot pay. IL embtters every
hour, and destroys all energy and spirit of charac
ter;-2nd while the pressure is so ruInous TO the
debtor, it does responding good TO the credi
tor, or to the community at large lie portrayed,
very stikinsly, the bancful consequences Of ire
treva BILE debt upon men members OF society; and
how il leads TO extravaganza, dissipation, and crime.
MIR CRITTENDEN referred TO the state OF the
Bankrupt Law in England, and the system suggest
ed by some OF the most distinguished jurisis and
legiS ators of that kingdom;--and showed that IN
cided with the plan recommended by those eminent
lawyers. Ii held out the greatest inducements 10
the honest debtor to give up his property; and conf
PEELED those, who endeavored TO consume their pro-
perty rather than give up for the satisfaction Of
their creditors, TO come under the operation OF its
provisions. After the full and critical examination
and discussion which Il received At the last session.
he did not think 1t necessary to make protracted
argument; but he hoped the Senate would proceed
TO the disposal OF the measure without delay.
Mr. BENTON moved to strike out the clause
which related to the discharge of the debtor, and
insert clause, prohibiting the discharge, unless by
the consent OF two thirds OF the creditors TO the
certificate granted by the Judges.
Mr. HUNTINGTON objected 10 the amend
meni, as embracing provisions, judicial partly and
partly conventional. He thought the system should
be judicial aone -that the creditor should submit
the question Of fraud bona de cesssion OF goods
should be left TO the Judge entirely.
BE objected also, that the amendment might ope-
rate unjust preventive OF the discharge Of the
Debtor. Creditors might refuse to allow the dis |
charge, unless the separate property of his wife, or
OF minor children should be gwen up. He held !
that Il would be a perfect anomaly to divide the
functions OF the Judge with the Creditor.
Mr. HUBBARD said he had intended to move 10 |
Tecommit the bill with instructions, to introduce
similar amendment. He was for securing more ef- |
feeLualy the rights OF creditors. He spoke at some
length IN opposition to the views OF MIR Hunting |
ION.
Mr. NORVELL OF Michigan. opposed the A. |
mendment OF Mr. Benton, as placing the debtor at |
the tender mercies Of creditors. Ii was q remnant
oi the doctrine Of "a pound Of flesh" he thought /
that some members OF the Senate were quite be- |
hind the spirit Of the 0ge; and when ne reflected |
how some Of them Jagged behind the people he vas
had taken place in the politics Of the country, He
exhored Senators to pause and reject and act more
IN accordance with the wishes and spirit of the |
people. |
Mt WRIGHT moved to amend Mr. Benton's |
amendment, so as TO make the discharge ofthe debt
or dependent on the consent Of a majority OF the /
creditors IN number and value.
TINS was accepted by Mr. BENTON as a modi- |
fcltion.
Mr. MERRICK said he was decidedly in favor
4 hut t,,,
reasonable hope of maturing il at the present ses-
sion; and TO prevent waste Of time on q subject !
which was not likely TO be productive of any bene- |
nj this session, he felt constrained to move 10 lay !
the whoe question upon the liable.
MIR WRIGHT said If the motion was pressed
he would vote for It.
h, WHITE Of Indiana, said he was in favor of
the bill, but thought 1t could pass at the pres
ent Sc ssion.
Mr. CLAY Of Kentucky, said he Loped il would
not be laid on the table. He hoped the Senate
would discharge Its duty 70 the try end let the
coordinate branch oil Congress take the response.
biIty oil defeating or postpOnIng H. We can, said
he pass II here; and u will be something 10 the
bosom OF attlctIon 10 know that the Senate sympi.
thises with the misery that weighs down the un.
fortunate but honest debtor He hoped the vote
would be taken soon, aud that the discussion would
not be protracted.
Mr. PRESTON said he could not vote for the
bill; but he was yet ready 10 meet the question
pam ana plump; and he hoped the decision would
he taken without delay. The subject was one in
which large portion OF the people felt great soil.
citudei and It was improper to keep them in that
state Of anxiety.
Mr. BAYARD said he had not the advantage of
hearing the discussions at the last sessions but the
present inclination Of his mind was decidedly against
the measure.
Mr. MERRlCK then Withdrew his motion 10 Law
on the tabe:-and the question was put on Mr.. Ben.
toms amendment, above mentioned as modified by
Mr. Wright. IL was decided in the negatye-Aycs
] :, Nays 2s
Mr. HUBBARD then moved 70 recommit the Bill
" IN instructions to report provisions making Bank
ing Corporations subject to the compulsory part Of
the system; and giving to creditors the right Of ap.
pointing assignee.
Mr. WALKER thought this extraordinary mn
ton must delay action on the Bill as 10 render lie
passage impossible. Besides the propositions rad
been voted down st the last Session. lie tborgbt
the Senator should have brought forward his dist ne
tive amendments, aud not moved recommitment.
The debate was still further continued. but The
senate adjourned without taking a vote.
HOUSE or REPRESENTATIVES,
Afcr prayer and reading Of the Journal
On motion OfMr JONES, Of Virginia. he Huns,
resolved Itself into Committee Of the Whole an ,bs
state Of tho Union (Mr. Casey, Of Illinois. IN m,
ChaT) and resumed the consideration Of The Treas