Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-07-22
.uOadly, Jaiy l.. lo42.
IN SENATE

or nersons. representing themselves 10 be shi%p'owners,
merchants, aud Exporters of the agricultural products
of the country, residing in the CITY OF \. YORK, against
Il restrictive tariff, as highly destructive to the interests
of arriculturis,s, ship owners, and exporters. he me
moral was read and referred to the Committee on Ma
nulactures.
MIR PRESTON gave notice that he would, on To-
moray ask cave 10 introduce Il Joint resolution, pro-
yidinr that all moneys expended by the Government
10 eylinouish Indian titles 10 lands shall! BE- reimbursed
IN the Treasury from tie receipts from the pubic iahos.
TIE GREAT TAailF ELL.
mossare was received from the House, transmit.
ting the bill 10 provide re vcnues from imports, ana TO
change and modify existing laws imposing duties on
imports, and Tor other purposes ne o''' was 'eau '"'oe'
On motion of Mr.. EVANS, referred to the Commit
e on finance, aud Tie bill! ordered 10 be printed.
REPEAL. or THE BANKRUPT LAW.
Mr.. BENTON made his promised motion asking
leave to introduce a bill 10 repeai the Bankrupt act oil
1911. and supported hnS motion IN a speech oil near
two hours. lis motion was TO repeal the bill for I'M
cons,i,n,ionallv, leaving 1t IN force TO. completing
cases now depending under the limitations which
would free ii from unconSti:uiionaliy. The points OF
uncons,itutionality or when he particularly dwell were:
l. The DISCHARGE from debts without the consent OF
creditors. y The infringement OF the State lnsol.
ven, laws. 3 The abolition OF liens under the State
laws. lie undertook 10 Show that the act was
framed upon the English insolrent debtors act U:
the lst OF George ", and read many sections from
mat act u ITb1t NId ~ ba""'uFN ~ "'
from il; and that our act Vas, consequently, nota bank.
ruo, system, but The English insolyent act, perverted
TO an abolition Of debts. lie gave a close and severe
examination TO the arguments ~ favor oi line bill, eS-
pecialiy Mr.. Webster ;: and disputed them, both on
reason and authority. He sad their object was an abo-
lition Of debts, aud 50 avowed: and read extracts from
Mr.. Webster speech Of lsi0 90 show II. That, TO gel
AZ this abolition of debts, II was necessary 10 establish
two main positions: FIRST, that Insolvency and bank.
rnrtcv were the suraC-therebv gaming Tor Congress
,nrt-i,n,uor ,-pr tpSnlvT ,clgG under the u-ettti O! HE
baGkruat power; s1c0niJ, 10 establish the unlimited
uowr, OF Congress over the whole question, Sasject
only to local Uniformity: aud by virtue OF that un!nli-
ed mower, q rtnlt to discharge the debt without The con
sent of the creditors. Mr. Il. followed Tie arguments OF
the friends Of The bill 10 the civil law, the Scottish law,
and the English Law, ana showed that insolvency and
bankruptcy were everywhere distinct: that, under oGr
svstem, insoivenc.c. belonged to tae : ates, and bank
rup,c,es 10 The General Government; that one DIS
charged the person % sure nd'rof pr pertt, the o'heT
DISCHARGED HE deb. "ith The consent 1t Il majority Of
creditors in number and value. And he aVerred there
was not = bankrupt system ON earth except our act o.
lSil. which unlt rlooE H. ~GjScA3r-c tie cebt without The
corsen, Of tie creditors. H. denied The yliIdriy OF sGch
discharges, and satd that, If he were a judge, ne would
nay no more attention 10 taeui than 20 a chapter from
Gnilver's Travels. He reviewed the doctrine ot The
cessio boaoYum, ana showed shat 1t was nothing bat our
insolrenl law; that Il was introduced by Juiius Caesar,
10 MITIGATE the hard fate 81 debtors IN Rome, by feleas-
ing their persons on The s&nenGef other properly, and
10 save the commonwealth from the seditIons aud con-
spirac.es winch were iounGc! upon the sutierincs ofthe
debtor classes, and Which bad 50 convulSed the State,
from the secession of the people when they retired to
Mons Sqccr, 10 the time of The great conspiracy oil Cati-
line. He showed that the oeSSio of the ciyh law had
been wrongly quoted, aad that The law Of all Europe
aac Of the whole world Was against our act; that IN
fuGl,n,I four i{,bs OF tie creditors IN number and va
!ue, vita a jIticIal certificate Of Integrity, were neces-
rary 10 discharge : bankrupt OF hIs debts that IN
France il was The sane: that N our act OF leO0, the
consent Of tao. t..lds, and tie same Certificate were
required; and tia, tie ciyii !aw was still more street.
ant it is Impossible, III th5s bc;ei notice, even to state
all the points q. lhts speech.
Mr.. BERRIEN referred In Inc Joint rule which re-
auires the consent Of two thirds OF the Senate, IN case
oil application for leave 10 Introduce q I'LL 10 effect an
object decided against III the same session. lie had
listened with great attention 10 te Arguments Jast en-
forced BY tic Senator from Missouri; bu; had failed 10
discover n item anything HAT had not been urged,
and fully discussed and considered, when The bank
rupt hhi WAS On It's paSsayc. lie same arguments
were also rtpeat, dig Urged during the discussions on
The subject "hen the bankrupt question vas before tie
last Congress. After alt this, the law as IT now stands
had been sol1r;niy sancti0ncGi and he could therefore
see no new grounds for encouraging I rengita;ion mol
likely to etttctaay,him- practical. Even n the present
uession had no, bc.a 50 far advanced, he Thought Inc
Senate would at once perceive t'.e' IT'S time ought not
10 be thrown away on discussions so recently and so
amply considered and decided upon. lie hoped, there
fore, the leave requested would not be granted.
The question was then taken on Mr.. Benton motion
and the eote, by yeas and nays, vas as follows:
YeGs-Nrs>rs. Alien, liaely. Eeti"n, Hurhanan, taiho'tn'
CG,hhert. Fulton, Graham, King, Linn. Met"i.!i>, Rig,s, Sc
sitr, Smith Of CONNECTICUT, Sifa3ne' Sturgeon Walker Wilcox
.Nass-Sic,St>. Barrow. Bates, ii,rricu. Choate, Clayton, Con-
Kerr, Manrrni, Alctrick, Miller, Motehetd, Porter, Simmons,
smith uf Indaua. White and Woodmiiss--2l.
So, two thirds not voting IN the affirmative, ieavc 10
introduce thc bill was not granted.
The following c~n-yossed bills were read The th'rd
time, aud PASSED, Va:
An act 10 a~u,horjzc The issuing of a patent TO The
heirs or legal representatives Of .Francis Rivard, de-
ceased, and tor o:hc1 purposes.
An act for The rel, of Tie heirs ofFrancis Newman,
An act To authorize the Secretary of the Treasury
10 make an arrangement or compromise with any oil the
securities on bonds givCn 10 the L. States ny Samuel
Swartwou,, late collector Of the customs ;oT the port Of
New York.
The bill 10 provide for the publication of a new edi.
ton Of the laws aud regulations OF the Post Office De
partment, and a perfect list Of the post Offices IN thc L
$, was taken up, as IN committee oil the whole, Us Tie
unfinished business OF Saturday.
Mr.. MEEElCk explained that the proposition wa:
10 print an edition of 5000 copies, which had been
contracted for under Z former Postmaster General, anC
had been partly executed, and would cost, when com
pleted, 5000.
The bill was then reported to the Senate, and order
ed 10 be eugrossed for a third reading.
The bill to invest the proceeds of the Smithsonian
fund. and 10 establish, the Smithsonian Institutions
came up in its order, IS IN committee OF the whole; but
without being considered, was, al the suggestion oil
MIR. ALLEN, postponed I'll! tomorrow.
Mr.. RlNES presented a memorial from the Northern
part of the State Of ". York, PRAYING that Congress will
pass a law laying such L Tariff Of duties as VIII afford
adequate revenue for the support Of Government, and
to set apart the proceeds ofihe sales ofthe pubic lands
for the payment of the national debt: referred 10 the
Committee on Finance.
House bill entitled IA act for the relief Of the as
sis.ants of the marslais OF the United States for the
district of Kentucky, came up in its order, as in
committee of the whole.
Messrs. GRAHAM and CRlTTENDEN explained
and defended the bill aud Mr.. KING opposed II, on
son o. a Judge on ordering compensation to asss,an,
marsha!s because of inadequate pay, they would open
a door for hundreds Of applications from assistant
marshals in all parts of the country, for additional
compensation he therefore move 10 lay the bill on the
table. The motion was agreed 10.
The bill for the relief Of The heirs of Gen. VIM. Eaton
came up, as in committee of the whole, was discussedb BY