Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-01-26
REMARKS or MIR. DANIEL.


REMARKS or MIR. DANIEL.
On his motion TO postpone, indefinitely, Gen. Bay
ly's Resolution Of instruction to repeal tho INK
rupi Law, and Mr. Toler's amendment thereto:
MIR DANIEL said, he rose TO submit a motion
which perhaps would come most appropriately from
himself or some OF the SINAI. minority who thought
~th him the present subject and that was, post;
pone indefinitely both the original Resolution and
the amendment.
In doing this. he did not design To argue the oh
ieciio0s which had been presented by the gentle
man from Preston. Indeed, he Gid not design TO
submit any formal argument, tos which he had not
even ATTEMPTED To arrange his thoughts and which
he knew, from the state of opinion in the House
would be a hopeless task lie came not 10 convince
TO persuade, but simply to obvile any inference
which might be drawn from mis- silent vote against
the original Resolution that he concurred in con-
demning the whole Bankrupt policy, and opposed
the establishment OF a union system Of Bankrupt-
cy throughout the United Sales. The question
them lar as he was concerned, was not whether
there were objections 10 tho existing law, lof which
its warmest friends admitted there must be some
mod!ficaton;) but rs the resolution whilst /, pro.
poses the repeal OF the present law, substitutes
nothing in its place, he must infer that Us friends
were opposeI to any legislation whatever on the
subject, and it IN that view lie felt ca ed on 10
make some btlei observations. lie would take oc
cason however, TO express his surprise az some of
the with which the gent eman from Pres
ton had accompanied his motion. He had INF lrmed
the House that this was the FIST attempt 10 intro.
duce the voluntary feature IN any system OF Bank.
ruptcy in the civilized world, by Vhch de btorcou.d
al pleasure, impair the force OF his own contract
a reference TO any popular English treatise on the
subject would show, that the Statute 9th. Geo An
which reduced the English system into form and
symmetry, empowered debtor TO declare himself A
Bankrupt, by proceeding very similar 10 that con-
templated by the present law OF the United States
with the consent Of any person who would unite
with him in eifecting Of bankruptcy. Again:
the gentleman had said, lie operation upon the ante.
codent contracts was wholly unpreceGentsd and
violated, MIR ID. understood him 10 say, the letter
and spirit of the Constitution. Now, he would un
G-rtake 10 say. that II would be difficult 10 mud an
example ola Bankrupt Law mot resulting from the
legislation OF one Of the United Saics) which did
no; contain this feature, essential part OF the
system generally; and TO its unconsliiutionaity
he observed that there nothing IN the letter of
the Constitution which imposed any restriction On
Congress in the passage OF laws impniriug the obi
CATION of contracts, which, from their nature fell
within the sphere of Federal legislation And al /
though such lesis alton might be conceded 10 be |
generally against the spirit and genius Of that I'm
srumeni, yet, upon the particular subject of Bunk
rup,cy, such power mast be intended as an Incl. |
dent TO the system, and escrafte1 on the Consti,u
ton 10y the general authority conferred on Congress
by us provisions.
Mr d. said he had treated with silence. the CHARGE
Of the gentleman, when IL was made, that this hel,-
ing measure Of humanity, OF constit diional law of
justice, OF Catholic benevolence, the offspring OF
the prohgate union OF corrupt and discordant po,.
cal matcrIalr. lie was nOtnow upon the III stlrrs
m the Harrison canTagn. he had no reply 10 ma Ike
when this charge was made, and accompanied bv a /
sweeping denunciation OF the motives feelings and
character of more than half of the eenteman's fell
Ow-cit.zens, for the sin Of differing with him IN
political opinion. lie had no reply 10 make 10 u /
now, farther than 20 offer the gentleman a caution
winch he Odd in the spiu, of friend. lie might
receive 30 not, 40 his pleasure. Let him take care
That when his lips are thus burning with fiery WITH.
perauon, ol stslt masses Of the American reoule
and against men OF high ability and character, and
hearts as pure as his own, some who hear him may
not reflect that while % ls given the 1I sce,ur
eye OF God read The interts oi men-wbde IL Is /
impossible Tor any one man 10 know the hearts of I
all others, II Is very easy for any one man 90 know
hls own-nnd may not sny this must find In .
his own bosom, the type and CNempIr Of that F.
wholesale crime ond proaigacy, which he is feck /
iessly charging upon all around him.
Having promised this much, he would proceed 10 I
state his opinion upon the high necessity of a uni
form Bankrupt Law in the United States. md il,
doing So he must be allowed % clear himself Of ali
blame Tor the discussion which he'd oIowed the /
movement Of this resolution. II was one question
whether atopic 50 unnecessary this so distract.
ing ~ its p'rtY influences upon their deIbefati.rs
so waotony consumptivc Of the public time and
money, should be brought forward here: and aro.
tber question, whether gentlemen should start uroo
tie House the grnves' poiIca, subjects, aud insist.
as did The gcnueman'5 party on yest"rlry, ttot /
members should vote upon them n silence. instantly
ana under stress OF the prev Gus question, under lie
plea that this would b. an economy VI time For
one ne protested against SUCH course. NE
under the uuhsauon OF ms oath, 10 consider nature
~ every measure however insignificant. and would /
30 be endured by the People Of Virginia that those
who have incurred the responsibility OF introducing
these TOPICS should seek 10 escape their ius. ndie
nation Tor causcitss Vs. lstc Of time ard money hy
glggng their opponents, and cutting them III nom /
90 opportunity not only 10 express their own views
bot 20 hear thc continents Of others upon matters of
the highCsl constitutional. import We were told /
ty tho gentleman from Accomack tlnt be would /
pledge ms side OF the House to silent votr d. sny
leader or respectable member ol the oproefr r,rf,
would pledge them 70 t,e same course. H. protest I.
cd against the terms of the proposition no stor
the proposition itself Tie know no leader ier.
aud no party, farther than general unif1-rIty A
political sentiment might induce on apparent f.r.
cert between himself and other members ON tI.st
n)or-and os TO the distinction Of resp,ctalit y
which alluded 90, be hoped oil were Respectable
either rank; but that gentleman would very soon
cease 70 be so in his eyes, who should undertake to
give my Unauthorized pledges or engagements for
linn.
Sir, said MrD., desire to hear the reasons n
gentlemen, why policy so obviously dictated by
txpcdlcury that under consideration, should Ia.
dargo che silent, sudden and cOndiyn condemnation
of This House. To me 10 has always appeared
that but one reason could be given Why "a power
sp plainly dcrgncd 60 bc n constant exercise, ce
tnat 10 esiabitsh uniform Binkr1pt system. he's
s.umhercd with so slight nterml,sion, from The
time Of the adoption of the Fedcra. Constitution To-
the Presen' 10 was % part of Od John Adams
poIcy-t p1rook of the popular odlun Which nt
tarhcd tu alI his mcnsurcs-aud t could not e.tyiv,
the tempest Of that revolution, which, however bc.
rchcnl o. might Toe, in clearing and purgine the n0.
ltcal a. mosphoro-howcvcr much and Justly u BE-
ts c.mcd Tor having swept away O. set of odiou.
rnhcimcnfs-has not ~ this instance spared, WHIT
% my Judgment was Of the highest Va .us-th.
iumc work of system, which by this time mi ht
ttve hcou regulated and improved into ORDER 50 %
und stfcugtD--whch might have kept prugros.
with the various alterations and additions, ty
.sh cn 'ho EugIsl system, from the spirit Of "a rud
nj bn harous pcn1i code against debtors, has
Dccn ehtnrcd to an ou.chioncd measure Tor the
regulation Of mercantile insolvency. II We look