Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-02-01

friday, JAnl.fg z.
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IIllay, s..ht"' =
SENATE.
After the ,escna:iun Q. petitions, and Tie ieIeI.''"
nf repo,ts from committees dunn. The morning "'u'
Mr.. CLAY presented several circumstances on ''le
subject Of The Bankrupt aw and embraced 'na, opP"l
unity The oniy one which would be Afforded MA pe
ca.n o,;nn On that subirct Ia make some remarks
nrn;ns It's repeal He conlended, that the power 10 ts
,ahsh system Of baUkrlptcy vas expressly gwen -
The General Government IN the Constitution, WIN oe
condition ouv that s:as that the law should be uio,
The motive Of the States III making tie grant 'al
mover and d,vestns themselves of was that unliorm
t. should be preserved hroA bout the woe country 'a'
me debofs and creditors State should be placed IN
Ike condition olhose ortbeother States. Such power,
90 rossessed under the Constitution, may look back as
vol ne forward may be retrospective well as prospec'
tive AN laws then, in favor oiinsoyen,s and hankrups
beno svnony nous could operate on the past as wen Us
the future As this grant Of power was gwen 10 the oe
neral Government merely that uniformity might be pre-
served il was then high obligation Of duty on the part oi
the Government to perorn3he du'es wnch gro" W,
i The consent Of the States would never have vested
!, IN The General Government if they supposed II would
remain dead letter. 1t vas us and 1t was the 'mpe-
raye duty of Congress to pass UNIFORM laws upon Tue
s,hiect The Constitution OF the United States was an
AGGREGATE of power olwh'ch the States stripped 'hea
iya for the comn,oa good of the WHOLE and IN their
parts. Some Of IN bowers conceded 10 the feoefa'
Government in yns,,ution, related only TO sec
,;on,l interests i'll which very IL"
Of the States participated yet there were other powers
cnnr ID
lance 10 majority of The States, and OF no interest 10
others Those powers then yielded tor The oehe.
fl Of the whole though the dvestnre OF by some OF
the States might have been sacrifice oil the interests oil
such States. For inDfnce, the power oil bankruptcy
vas one in which onAl few of the States inter
es,cd- those engaged III coimerclai pursuits IL was
then the du,y OF the General Government, IN ihe
exercise of any OF is powers TO weigh Inc interests -
all the States OF the Union, and decide accordingly, II
one State had interest, but the reverse, 10 sii
I lnrl I1N Ill
vital Importance 70 tho interests oil announcer, anu
wonld be for the welfare OF the States III The aggre-
gate the power should be exercised lie said that we
were family of States and the interests oil the whole
could only be preserved by mutual concession }! The
exercise OF the power bankruptcy, then, was d!
vital interest TO State End dad not inict serious
injury on others, It the duty OF Congress to less-
late upon it-wcghing Tie interests OF a-or give Up
the powers to the States II wa: their duty to act OF
to unite the hands ot the States. He, twenty years
ago when in the other House, expressed an opinion
in favor Of a law. lie then took The ground OF The
surrender of the power, if it was not exercised
lie, two years %, voted for the eSt-clse Of the pow
Or not because us State was interested in it, but be-
cause he believed for the interes, OF of the
other States n the last session, on hat principle,
us il did not sacrifice but remotely the ntecst Of some,
and would be veal to preserve Tie Interests oil others,
voted for that law. He then adyced TO lie course OF
legislation Of the extra session The majority dd not
then take up the questions OF rerenchmen and reorn,
because they were such required care ann invesga
ton by the Departments before action; bat they by
concession, adopted system of measures which as
WHOLE for the interest Of all the States but taken
separately would mot have been. Tins system Of mea.
sues was the hll FOR the elie Of the Government from
its ~ the imposition oncw duties, which
though was for short Of the extent to which his wishes
would have carried, vel Il was measure aiiordng some
relief Tine g %SaS"5 e bin III OF p s1 to
relieve the Sa,est and tie people, t. save the peo-
ple from direct ,ax1,cn pay of the State debts, and
10 supply the National Treasury ~ an easier and nd'-
rect taxation The fourth measure was tine Bankrupt
bill the necessity for which was, in nnc-ten'hs al the
superinduccd W. The erroneous course OF locy ci
tie Federal Government.
The las, was lhc fer the rect ri the people OF
this District yhus cn;.rc system Of measures for
mo oeporni rclc1 v,as &;cd BY concession, and BY
COMPROMISE Of src tiona rests. They adopted
os n system of measur was so understood at the
time In -erard 10 thnp, asurcs If taken separately,
they would have alScr interests Of different parts
in different degrees sn r separate character some
of them would have h-c votoh down because they
might have been cons'd urous to particular
sections Some geu,lr'u VII voted f,r them did
50 because il was syssenEfm surcs. Sectional in
teres,s were lost sight &C. He Ike Others, voted for
the Bankrupt law because wax part Of the system.
In regard 10 Kentucky, h. knew that she had no par
tcuar interest in its paSstge; bit he took Il because
system carried through. one depending upon tie
other They were called upon to undo one
mari of that system This was but an entering
wedge 10 retracc action npon ,he whole il was but
the first movement OF those opposed to the measures 10
get rid Of them. IL did not complain Of il, but he
called on those who approve Of those measures know
whether they prepared 10 undo wha, they did NJ
the Extra Session. and thus 10 strip the people Of the
benefit of these sanitary treasures for their relief
He knew that if this solapd question Of Bankrupt
Law was presented 10 kentucky, she would vote
against il. But he knew Il well her magnanmily-
although this law might to vey limited extent afec,
her interests njurlousykti"t when she was told ii
was Of vital interest to h er States of this Conede-
ration, and tina, it cou be passed, unless as par;
of the system of measaf = suppose that she would
refuse her support TO H. Aihr people OF That State III
spirit Of sympathy, wcild say, if the measure was
demanded Nv the interests OF the other sections Of the
country they would yield their objections TO the one
measure, and take II as a part Of the system. lie
pledged his fc for il, that when Kentucky was told
thu, this was Ink il the great system OF Wing
surcs including the Bank and all she would say pre-
serve the entire system, rather than ect the Bank
rupt law. These Of relief were as necessary
now, as they were at the extra session. There was
no Of public prosperity, that we might dispense
with them. The reverse was Too true All the consi-
deratons that existed at the extra session for their adop
ton exist much STRONGER than nj that time They
were not likely to he diminished in the future. The
circumstances with which they were then surrounded
presented to his mind sad and gloomy future. The
embarrassments under which the country was groan-
the Senators to know whether they would, when the
country wrilhng under lis dstresses, repeal The
| law without moments warning. He argued that
the interests Of the creditor well taken
Of in the law, the interests of the debtor,
less they prepared to say the creditor was not
only entitled to the soul Of the debtor, but the souls
of his wife and children lie appealed 10 the friends
of the system not 10 permit portion of it 10 be
undone, unless they prepared to yield the whole,
which would he Inc effect Of the abandonment Of this
law.
The morning hour having expired,
The Senate then took up the bill of the House Of
Representatives 10 repeal the Bankrupt Law.
| Mr.. BENTON resumed his remarks from yesterday.
But, before entering upon The frther enforcement of
the two leading points nj objection, TO the cha
raj insolpent law for the abolition of deb, and abroga
ton Of contracts at the will and pleasure ofthc debtor
and the other The choice Of time and place which
il leaves TO his discretion; Mr. Benton, in alnson
L.