The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-19

case before the Supreme Court Of the United . ates
MIR s. next adyer,ed 10 the operation OF the panAu
Law Of England and in other commercial nations az ~
10 the objections made by some gentlemen TO lhe on
under consider alton His friend from Connrc''eu'
seemed 10 think that this bill would produce inmofay
and great fraud. That fraud would be pfacustu' ht
iMr s. J had no doubt. But he would ask han ho'
fraud been practsed between the debtor ana cfruo'
ia the absence Of bankrupt la~l Had a mol oesn
CRYING sin from one end Of this land to the othei had
not The complaint been loud and deep that certain
creditors had been preferred BY their debtors al e'
the Unionl This bad been the case wherever tnei,
was not an insolyent law. The gfossest hhuds ha1
been committed hence il was that Insolvent laws mao
hn enacted ia different States protect the creditor
And be would say here that, since the insolsent laws
hAd been passed in Massachusetts there had been very
little complaint tina, Hecoud say, nom m
formation upon which he could rely that larger ul'i
dcnds were now made under the lnsoseni laws o.
Massachusetts than were made before and that dsi-
bends amounting 10 10 and ~ per cent. had been
made Among the many other reasons why ne was
in favor Of this till this that 1t was not IN lhe
power OF the States TO egslae, by passing bankrupt
act To relieve as was said 500 600 baDkrupts IN the
United States many of whom most enteTpfising
ana good citizens but who, although they might De
discharged from debt in their own State were iabie 70
be arrested out OF il, lie therefore hoped That TINS
bill would become the law Of the land, because ne
conceived that Congress bound, in justice 10 at
ford them the relief they asked. lie would say that
they had claim upon it. What, be would inquire,
was the object Of Government, and above all the gov
eminent OF the People}
WHY, Il should be a parental Government, ana a
Government that should feel interest in Promoting
the happiness of the whole community Under these
circumstances, il became the right OF men placed IN
this situation demand the passage OF law OF TINS
kind in common justice to them lie verify believed
that II this bill should not pass, no Bankrupt Dill
would become a law of the land IN twenty years. H.
unfortunately, this should be the result Of the abors
OF Congress those numerous debtors who had petit
toned for Bankrupt law will sink IN utter despon-
dency Now the accepted time, and he sincerely
trusted il would not be allowed TO pass de would
say let the time when this bill 90 into opera
ton be postponed for the present and then at the next
session of Congress- after having full time for enami-
nation, If any amendment was necessary, 1t could be
made
Mr. FILLMORE followed in some remarks in favor
of the bill and Mr.. SPRlGG in opposition to it,
The hour Of twelve having arrived, the Committee,
in pursuance of the order Of the House OF this morn
ing proceeded without further debate, TO vote the
amendments pending, that might be offered.
The question was taken first on the motion of MIR.
GORDON, TO strike out the enaclng clause of the bill
and by yeas -, nays 80, II was rejected.
The first section OF the bill being under considera-
ton
A number OF amendments were offered and re-
jected.
After which, motion Of Mr.. BARNARD the
Committee and reported the BILL with the only
amendment made to the House
And the question being on concuriing IN that
amendment, which provides that the bill should not
90 into effect until the fist day of February next
MIR CLIFFORD renewed the amendment offered
by him in Committee Of the Whoe, and there reject
ed offering 1t now as an amendment to the amend
ment of Mr.. Barnard. Mr.. C.'s proposition was in
The following words
Prorided further, That nothing in this act con-
tanned shall be construed alter repeal any State
law for the relief of nsovent debtors, TO alter or
repeal any such law exempting certain goods and
chaiiels from attachment, execution, or distress
Mr. BARNARD moved the previous question
And there second
And the main question ordered being first on
the amendment TO the amendment.
Mr. CLIFFORD asked the yeas and nays which
were ordered, and being taken, follows
YEAS Messrs Arlington Anterior Banks Bar
ton, BlrJseye, Bolts Bovine Boyd, Aaron V. Brown,
Burke, Burnell, William Butler, w. Q. Butler, q.
w Caldwell P. G. Caldwell John Campbell w b,
Campbell Cary G.. apman, Clifford Clinton, Coles,
Cross, Daniel r. b. Davis, J B Dawson, Dean, De
berry, Doan, Dog, Eastman J. G. Edwards, Egbert,
John G Floyd Cha les A. Floyd, Torrance, I. F.
Foster, Gerry, Goggin, William Q. Goode Gordon,
Graham, Green, Cuisine, Harris, Hastings, Hays,
Holmes, Hopkins, Houck, Houston, HUBBARD Hun
ter, Jack Cave Johnson, John w. Jones, Kelm, A.
Kennedy Lewis Littlefeld, A. Mcclellan, R Nc
Clellan, Mckay, Mallory, Marchand Matthews,
Mattocks, Medill Miller, Newhard, Parmenter,
Payne, Pckens, Plumer, Pope, Profit Alexander
Randall, RedIng Rencher, Riggs, Rogers, Russell,
Sanford, Saunders Shaw, Shepperd Snyder, SolIer.,
Sprigg, Steenrod, Summers sweeney, Turncy, Wal
Iarc, Watterston, Weller, j. w Williams, c. H.
Williams Wise-99
NAYS Messrs Adams Allen L w Andrews,
5. J. Andrews Arnold, Aycrgg, Babcock, Baker,
Barnard, Black, Blair, Boardnon, Borden Briggs,
Brockway Bronson Milton Brown, Jeremiah Brown,
Calhoun, Thos J CAM bell, Chds Chi,tenden, J.
Y. CLARK, ;. n Clarke, Cowen, Cranston, Cravans,
John Edwards, Everett Fcss -nden Fillmore, Gamble,
Greig, Habersham, Hall, Halstcd Henry, Howard,
Hudson, Hunt, lngerso, James lr>n w w Ir-
win, James, John p Kennedy, King, Lane Linn,
Thomas F Marshall Mathot, Maxwell, MAYNARD,
Merlwether, Moore, Morgan, Morrow, Nishc,, o.
horne, Owsley, Pearce, Pendctan, Powell, Ramsey,
Randall, Rheu Rldgway Rodney Roosevelt, Sal
ion,ta Sergeant, Smln,on, Sladc, Smith S,anly,
Stratton, Stuart, Taaterro, j b Thompson r w.
Thompson Tllinghast, Toland, TomIinson Tripett
Van Rensselaer,, Ward Warren L d. White J
L White, I w. Williams J l.. w Williams, Win
throp fotkc A Young, J. foung-96.
SO the amendment to the amendment was agreed
And the question recurring on agreeing to the
amendment as amended
Mr.. UNDER WOOD (tor the purpose he said, Of
testing the sense otthc House whether this bill should
be laid over 10 the next session no moved 70 ay
the bill and amendments the table
MIR, WELLER asked the yeas and NAYS which
were ordered and being taken were as follows
/ YEAS essrs l. w Andrews Arlington Ath.
erton, Banks Barton Bdlack, BIrdscye Buus
Bovine, Boyd, Aaron V, Brown, Charles Brown.
Burke, VIM Butler William O Butler Green w
Caldwell Patrick &, Caldwell John Campbell Wi
liam b Campbell, Thomas }. Campbell Cary Chap
man, Clifford, Clinton, Coles, Cross, Daniel Il ~.
Davis, John Dawson, Dean, Doan Doig East
man, J G Edwards, Elhert, Ferris J G Floyd, A.
Floyd, Torrance, # F Foster Gamble Gentry Gerry,
Gilmer, Goggn, William Q, Goode, Gordon Ora
ham, Green, Cuisine, Harris, John Hastings HAYS,
Holmes, Hopkins, Houck, Houston, HUBBARD Hun
ten lngerso, Jack, Cave Johnson John w Jones
keim, Andrew Kennedy, Lewis, LittIefeld A Me-
Clellan, x Mcclellan Mckay Mallory, Maicband +
+. Marshall, Mathews, Mattcks MediIl Miller
Newhard, owsly, Parmencr, Payne, Pckens, Pope
PrpfH ID