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

him filed away and preserved among the archives Of
said city And should the said proceedings OF the com
missoners aforesaid be approved he will report the
same with his objections, TO Congress- at ITS next re-
gular session and in that event the operation Of this
act shall be suspended until the further action OF Con-
gress upon the subject; and the said commissioners
shall be allowed and paid out OF any money IN the
Treasury not otherwise appropriated, acompensation
for their services be fixed by the President, but not
TO exceed the of dollars each per day for every
day they shall be actually employed in the perform
ance OF the duty hereby required of them.
Sec 8 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
aforesaid to be laid off and ascertained, said
members TO be residents in, and chosen from each
ward by the qualified voters In each ward respective
ly, at the time and in the manner 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 to be resident in and chosen from 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 belt enacted, That any free white male
citizen of the United States above the age of twenty
one wears who shall have resided and had his domcil
in the said City of Washington for one whole year
Immediately preceding any election for Mayor, Alder
men, or Common Councilmen, and who shall have
given in his name to the Register of the said City at
least twelve months before the election at which he
shall vote, De entereu the registry OF
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 taxes lawfully assessed TO or
upon, and payable by him. shall be entitled to vote at
such election and the neglect or failure of the corpo-
rate authorities OF said city levy to upon
any citizen poll or other tax shall operate to
deprive such citizen of his right of voting at any cleo
ton in said city.
Sec g. And be ii enacted, That so much of the acts
hereby contained require any property qualification
,hot.ga ~
mon councilman, be, and the is hereby, repealed
but the persons who may hereafter be chosen for either
of those Offices shall respectively be in all other re-
spects qualified as the existing laws require.
SEC. 6. 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 nhabant of said city, of the age of TWEEN
ty-one years upwards not exceeding in amount one
dollar in any one year.
| The amendment was ordered to be printed.
THE BANKRUPT BILL.
The bill to establish uniform system of bankruptcy
! throughoutth the UniIed States being taken up,
| Mr. CRITTENDEN rose to explain its provisions
but he said he had intention to enter into eabo
argument the subject, for, if debate to
follow 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
protraced debate was therefore, unnecessary,
he presumed the opinions Of the Senators were III
respect changed The bill was, in its main features
the same the bill 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 in the bank
rupcy and nsolvent courts he left the to the
disposal of the Senate
/ Mr. BENTON rose to make motion which would
90 to test principal feature in this bill; it was in
relation to the manner in which certificates should be
granted to debtors when discharged from their debts
The bill before them provided that the certificates
should be decreed and allowed by the court which de
clared the debtor bankrupt without the concurrence
of the creditors which differed in that respect ron
the English bankrupt law and from all bills which haC
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 tc
test the Senate whether they should introduce such
innovation this bill proposed and allow judges te
decree and allow certificate on case made out al
most pdrte and without the consent of the credi
tors. His motion to strike out the fourth sec
ton and TO insert the forty second and ortythird
tons of the bankrupt BILL which was matured in the
| Senate in 1897 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 bt
discharged unless certain conditions, the princpa
Of which was, that wothirds of his creditors, in
number and amount, should sign the certificate. Will
respect to the precise number he was not particular
but he DESTROYS that certain number of the
creditors should assent thereto
The Secretary having read the sections proposed t.
| be introduced
/ Mr.. HUNTINGTON concurcd with his friend
the Senator from Kentucky, that if this bill was to b.
debated section by section, it must be obvious it could
not be passed His own State Connecticut had very
little interest in this BILL yet he must be permitted L
say that he had several objections to the amendment
of the Senator from Missouri. 1t was a perfect ano
maly in all Judicial proceedings TO require in such
eases not only the Intervention of court but also o
two-thirds of the creditors. BY the fourth section o
this bill, which it was now proposed TO strike out
| hare ity dad fha boDn
creditors the question of fraud determinable by
court and why should the consent of of the
creditors be required, when court had determined
the debtor entitled to his discharge He could not
why tins peculiar privilege should be gveno creditors
in this case, more than in any other when they hae
the opportunity to bring the debtors before prope
| tribunal. He reason whatever to place such
power in the hands of creditors He objected to ves
creditors with the power to nterpose an unjust refnsa
to the discharge of honest debors he had also othe
objections but the had been fully debated
at the last session, he would not detan the Sc
nate.
Mr.. NORVELL hoped the amendment would not
| be adopted. He would rather see no bankrupt bill
! pass than bill with such clause that proposed
! by the Senator from Missouri The section of TIL,
] Constitution to which the Senator from Missouri re-
ferred prohibited the States imparing the obligation
of contracts, and did not initiate against their power
to pass the bill as ii introduced He regretted Il
see gentlemen so much behind the age in which they
lived in reference to subjects of this kind if they KEEP
equal pace with the people, they should at Dc
what justice, and mercy and humanity called upor
| them to do
/ Mr. CRITTENDEN said the bill provided that i
the creditors dssented it should arrest the judges
granting certificate, and the matter to be pu
upon trial; and if it then determined that thu
debtor was bona .fde bankrupt, the judge shoult
grant the certificate without the concurrence of thu
creditors. But it proposed to alter it e
make the consent of the creditors indispensable in al
cases. Now the mischievous consequences of sucf
power being vested in the creditors shown in the
report of the British Commissioners, to which he haC
before referred and to extract from that report h,
begged 70 call the attention of the Senate. Having
read the extract
Mr.. WRIGHT suggested modification of the
amendment of the Senator from Missouri; his I'M
preston that majority of the creditors suh
Gent and he hoped his friend would substitute
ory for two-thirds on whose the certificate
should be granted. If he understood the question
then before the Senate il WIS a very imnortant one