Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-09

and therefore, he should not interfere with the honora-
BILE Senator's amendment. The honorable gentleman
from Connecticut said perfect anomaly was involved
in that amendment Now, what was the proceeding TO
which the amendment referred bankrupt was abou.
be discharged from his liabilities his creditors and
the bankrupt was allowed 10 take his time, ANA
make his own preparaton and TO make the declaration
when suited his convenience, aud If the creditors
nerposed, the Senator from Connecticut SAID it was an
anomaly!
| Now, in every bankrupt system with which he
| fM:. Hubbardl acquainted, It incorporated;
and Why should ii not BIZ now Had not every gen.
tlemans experience warranted him IN making The de-
carallon, that where there creditor that
fused 10 discharge debtor, there ten dishonest
debtors that sought impose upon honest CREDITOR
lie willing and DESTROYS TO give security TO the no.
nest debtor, but he would not lose sight Of the ho
nest creditor. HIS State New Hampshire, would per-
haps be as little affected by 4 bankrupt bill, any
othrr-as yet neither be his colleague had received
single memorial or remonstrance on the sublecbut
when they weSe eg'slang in this matter he hoped they
would procgs4sIlt due care, and nut palm onesded
bill the coih0hny, and neglect TO pay due regard
TO the interests of creditors. Or what earthly benefit
was this fourth section 10 the creditors What earthly
protection wonld II afford them: The whole bill from
the first TO the last bill for the exclusive benefit
of the debtor, and it did regard, he viewed the
interest Of the creditor. lie reoiced that The honorable
Senator from Missouri had brought forward his prupo-
ston, and he (Nlr Hnbbard should call for the ayes
and noes thereon; but he trusted, saying what he
mindful Of the unfortunate debtor.
/ Mr.. NORVELL hoped the amendment would net
be adopted He would rather bankrupt bill pass,
Than bill with such clause tina. proposed by the
Senator from Missouri The section Of the Coasti-
tuition to which the Senator from Missouri referred,
prohibited the States mpaIrng the obligation Of
tracts, and did not initiate against their power pass
the bill as it introduced He regretted 10 gen.
emen much behind the age in which they lived III
reference to subjects of this kind they kept equal
with thp nj uucp do nj
tce, and mercy, and humanity called upon them 10 do.
Mr. CRlTTENDEN said the bill provided that #
the creditors dissented, 1t should arrest the Judges
granting n certificate, and the matter To be put
upon trial; and ii il were then determined that the
debtor a Iona dc bankrupt, the Judge should
grant the certificate without the concurrence of the
creditors But It was now proposed So 10 alter II a -
make the Of the creditors Indispensable in all
cases. Now the misclevnIs consequences Of such
power being vested in the creditors shown in the
report of the British Commissioners to which he lad
before referred and to extract from that report lie
begged to cal the attention Of the Senate Having
read the extract
Mr. WRIGHT suggested modification of the
amendment of the Senator from Missouri; ms impress
sion that majority of The creditors sufficient,
and he hoped his friend would substitute majority for
two.tlrds, whose consent the certificate should be
granted If he understood the question then before the
Senate, it was a very important one. Tue State Lee
Gls!aues By the Constitution could not cancel the OBJ
legation of contracts, and the question presented 10 the
Senate was, what condition they would do il: Should
be entirely without the action of the
creditors And if 50 upon what principle would they
proceed. Why was the appeal made to them now: Ii
he understood il, IT was that man may have great
many creditors, and may compound with all but one;
and that that might be ncorrglbe. But were they
prepared farther than 10 that the debtor should
be discharged, when he secured the good vii! Of his
creditors in number and value: 1.-The could no, proc're
the consent of majority, equity would appear to be
strong the side Of The creditors He, however, only
he wished the Senator from Missouri 10 adopt
Mr.. BENTON accepted the modification.
Mr.. MERRlCK was in favor of the exercise Of the
power which Congress possessed TO pass nj uniform
bankrupt law. but there were now but about three weeks
remaining 81 the SESSION. and therefore, whatever labor
hcy nir undertake reference 10 tins bill II would do
good for the could not be matured lfhr b
passed the Senate il could not the other branch Of
Congress- and therefore he looked upon the time which
would be consumed IN discussion upon this bull as
much valuable time lost, the obstruction Of other
measures which might be matured and passed lie
had therefore, risen to moge-and ne did II IN no
spirit of hostility 10 the bankrupt bill but To AVOID
unnecessary consumption OF ume-tlat the whole sub
rct be lad on the table
Mr.. NORVELL called for the ayes and noes thereon.
MIR. WRIGHT suggested change Of the motion TO
one of indefinite posiponemeni. But It the Senator
from Maryland PERSISTED in his motion. lie should desire
ne PERMISSION to say few words explanation OF the
vote he should give, and other Senators might desire
the privilege.
Mr. MERRiCK withdrew his motion, to NEE; the
wishes Of ifr Senator FROM New York.
| Mr. WRIGHT then Explained that he should vote
inr an ndrinltr p"stponrmcnt because there was no
reasonable hope that they could pass bankrupt bill
during the present session; there vas not time 10
do SO, for he knew that some days would be required
before they could come to conclusion upon lhs
b,dy When the bill was before them last year,
he lahorrd to make it perfect as the Seni'c
would consent that It should BE-, and his duty I" nm
self would require that hr should try again l., make i
still perfect; but ut tins period Of the session lie
would prefer indefinite pnstponcment.
Mr.. WHITE, after a few words respecting he near
approach nf The close OF the Session, and the paGcy Of
business yet received from the other branch o; Con-
prrss sad he fell inclined vote for the motion Of
the Senator from Maryland, (slr Merric&,) but lie
should prefer postponpmrnt IL day ccrtlin
Mr.. SEWER hoped the Senate would do one Of
two things eher lay the bill on the table, -
with its merits. They were then wasting Their
time with discussion about what motion should BE-
made.
Mr. CLAY of Kentucky, hoped he Senate would
go on the bill, and discharge liz duty to The
rv without reference to the other branch If Congress-
Mr. PRESTON did not think the bill could pass i
should not pass by his vote, for he should 90 against IT,
There was now much anxiety the country respecting
this measure, and, If it postponed indefinitely,
that aeitat would continue. lie was ready 10 vote
against the bill but, several gentlemen were nnx-
lous To take the vote upon H. he hoped you'd be such
4 vote would Gn:ct the matter with the public.
Mr.. BUCHANAN could not, as al present advised,
vote for the bill few days agn he had SAID he was
willing to give II fair trial, and he not prepared,
at the present stage, vote for laying II the table;
he could wait day two, but he had not the most
distant expectation that 1t would be passed. In the
course Of day or two he thought the friends Of the
bill would be satisfied il could pass, and, therefore,
he would suffer them to go on.
Mr.. MERRICK said as there appeared to be di-
versty OF opinion amongst Senators, he would not
persist in his motion.
MIR. BAYARD expressed himself to be opposed TO
the BILL but lie was not ing to vote to lay It on the
table.
The question was then taken on Mr.. Bentons mo-
ton as modified the suggestion Of Mr.. Wright, and
ncgat,ved by the following vo.e-aycs IL, noes -:
Yeas-slessrs Allen Benton, Buchanan, Calhoun,
Fulton. Hubbard, King, Linn, Lnmpkn, Prcntiss,
Roane, Robinson Sever, Smith OF Conn, Sturgeon,
Tappnn, Wall, and Wright-ls
.Saps-Messrs Anderson, Bates, Clay of Alabama,
Clay of Ky, Clayton, Cr,ttenden DIXON, Graham,
IL Anni K ninLt Mannun Mcrrck