Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-29

that this law affected antecsdent contracts and was,
therefore, unconstitutional Where, asked Alr. d.,
was there Bankrupt Law that did not affect an.ecc-
dent contracts ltbnrc all contracts, whateyer, in
England, and he con;emdcd that The trainers Of the
Constitution IN giving Congress the power to pass
Bankrupt Law, had an eye that which mad long
existed in England. They surely must have intended
10 give Congress the power 10 pass law similar to that
one. THIS power - pass such law was first eXer-
cised IN the time Of the elder Adams, and like every
other measure Of his Administration, the law was al
the time unpopuar and shared the fate Of early re.
peal. lie (Alr ID would, however, say that 1t was a
ne tina, deserved to have survived the revolution
which drove the Adams administration FROM power
Gentlemen who had read any thing of the err. his.
tory of the country must be OF the difficulties
under which il ahored under the old system u con-
federation. Commerce was crippled and intercourse
Tcs.aned Men were not recognized IN their indlydu-
al, hGt only in The State capacity There was no au-
thory 10 enforce the uliiment Of obligations without
the limits Of State. The principles Of comfy existed
by acknowledgement only, and the conflict Of laws was
great. Some power OF enactng laws that would opc-
rate alike all sections was felt to be necessary, and
therefore Congress endowed with authority TO pass
Bankrupt Law affecting the obligations Of every cl..
zen and placing those residing at distance from each
other equal footing with those III the same State
or neighborhood.
Mr. D. said, lie knew this question would not be de-
cidcd lis merits, but would spite of al! efforts TO
the contrary, be connected with party II would be
|
az he did, great commercial community, one having
deep interest stake in this measure, lie felt 1t
10 be his duty To urge upon tie consideration o. the
House some Of the reasons which had brought his
mind 10 belief in is expedcncy, Justice and huinan:.
". lie referred u The evils Of the present SYSTEM
der which hard hearted creditors often had L IN
their power to weigh down, and incarccrate their
unfortunate debtors; and under which the latter were
often guilty Of unjust and injurious preferences to-
wards Their creditors. lie alluded to the practice
considerable extent prevalent here, Of men OF capital
setting up youths their kInsmen and friends in bnsl-
ness-buying goods for them-gettng them an exten.
siye credit the stock they appear 10 have in trade
and then when the young men have failed, the cedI-
tors want their money, the goods hand, instead Of
going 10 pay them, 20 10 reimburse the patron.
Mr. d. spoke of the moral aspect Of the present in
solvent laws. lie asked, il there could be found an
instance where nsolvent had retrieved his losses
aud preserved his integrity. The iaOns Of the creditor
are perpe.ually hung o.er him. lie is weighed down
hy ncesslnt rivalry Although not, a. among the Ro-
mans subjected to thu Iarlsips Of tie Laws Of the
twelve tables liberty taken away, and the chastity
Of his wife invadcd-s, he is condemned 10 spe.
cies of slavery, from which il IS almost hopeless TO cx
pect redemption. The operation Of the Bankrupt Law
would be put aside all unjust preferences between
creditors, and enable the bankrupt to begin again IN
burtcned, and with new life and energy
There was another reason which would induce HIM
(ar. D. 10 vote for the postponement Of the resolu
ton. 1t was with view tia, The great and permanent
interests Of the Commonwealth might be attended TO-.
There vas subject about which his constituents were
paralyzed with alarm-the Banks-and he could not
consent it postponed TO make room for this CAB
bling Federal Relations. lie would not even vote
for the resolutions Of his friend from Fauqnier, much
as he approved Of their object. Suppose the House
passed these various resolutions Federal Relations
what would be gained thereby 1t would have in
sructed the Senators OF Virginia 10 refuse Tie money
from the Distribution Law, which she much requires
to carry her works Of Internal Improvement for fear
of being considered dependent on the General Govern
ment
Mr. d. said lie was in favor Of the indefinite post
poneuent for another reason. The resolution he SAID
was one Of instruction. H., thought had right
to instruct our Senators The Senate Of the U. $ was
designed 10 be permanent body. How could il be 50
if everlasting raising issues tor the people
upon which to instruct them out Of their seats Be-
sides, the right of instruction would degenerate and
be looked npon with contempt, unless used only on
great occasions. The thunder Of Jovc would sink 10
lie croak Of the frog lie thought the right Of IN
struction should not be kicked 10 death BY grassEop
pcrs He thanked the House for the attention which
they had piyen him during his remarks aud concluded
BY assuring them that he had party object IN view
and begged that every would lay all such conside
ra,ons ASIDE aud egslae for the good Of their beloved
old Commonwealth
Mr.. Blows of Preston, said, Mr.. Speaker, come
before you in the character of grasshoPper
Mr. DANIEL said he did not intend that term TO apply
to the gentleman from Preston
Mr.. BRowS proceeding to address the House,
when At the suggestion of his friends, adjournment
was moved and carried.
Merit dav-.Honday Jan II.
The resolution of Mr. Bayly being called up,
hlr. BauwS said lie rcjoiced to see the two parties
in this House. getting right before the country. The
WING party had heretofore been fighting indirectly in
support Of the Bankrupt Law, but shcltering them
selves under the pretence that they were unwilling to
discuss Federal Relations. But, said Mr. b. the bold
and chivarous gentleman from tie city oil Richmond,
has AT last by fair parliamentary movement, brought
IN The merits Of the bl and in able argument, sup
ported both the consttutonay of the bill, and lis
conformity 10 the Bankrupt Laws of England, and
other commercial countries lie 1.-THE Delegate from
Richmond occupied the position Of the advance guard
which had been sent forward 10 bring on the battle;
and suppose, said Mr. b. the whole Wing party Will
come forth to the rescue-hcy will leave their lurking
places and stand BY their able champion IN support OF
the Law and in the effort 10 postpone The whole sub
ect They no longer plead the excuse, that they
do not wish to consume time in the discussion OF the
snbectfor they themselves have deprecated The Pre-
vnns Question and claimed the right TO discuss the
resolution and nrnprictv Of. the Bankrupt Law. Then,
Sir if after it discussed, gentlemen vote Tor lhe
posponement rather than the passage OF the resoi'i
iion will prove that they are IN favor OF Inc BANK
rup Law least, that they are endeavoufihg 10 ara
lis friends TO fascn il upon the country.
The gentleman from Richmond supported the con-
sliu,onalty Of the law and expressed his surprise that
should have, in my first remarks TO The House, rased
that question: lie told US, Sir that Congress was not
forbidden by the Constitution from passing c1posJ deo
laws but tia, il was the States only that was so tor
hidden Now is lItlle strange that gentleman SO
well read such master ot law and Latin, should nave
overlooked the third clause OF the ninth section OF the
first article of the Constitution Of the United States
But, when got the floor on Saturday evening, ar, ana
called the attention Of the gentleman to this cause ne
made some explanation which, in tie confusion OF me
moment, did not well understand, and as ne IS no,
nog in his seat, cannot have the benefit OF II; but
believe he admitted that he was mistaken, but ailirmed
that Congress was forbidden from mpa'r'ng he OBJ
pation Of contracts. Now should like gentlemen 10
tell me- how the obligation OF any, contract can De
impaired by law without the aid Of sr post joeso e-
pisation: But might be permitted to enquire OF gen
emen, where Congress got the power TO impair The
obligation of contracts understand that congress
can do no &C, without having the power delegated IN
the Constitution II is not sufficient for gentlemen 10
aege that the Constitution Of the United States Goes
not forbid Congress TO interfere IN Inc PrSae unu co.
nestle relations and rights Of the c'lIzens OF tue seSe
raj States bat they must be able TO lay their niger on