Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-29
No. a3.--yOLUME XXXvIiI.

properly exercise.
The gentleman from the City ofRichmond expressed
his surprise that Sir, former OCCASION challenged
the friends Of the Bankrupt Law 10 produce, point
to any law in any civilized nation under the sum- sn
lar in its character TO that contained in the law of the
Extra Session. authorizing debtor oproscete himself
10 bankruptcy without the action or consent OF the
creditor. That learned gentleman pleased further
to remark, that lie had looked into Blackstone Com.
menares and found marginal note referring to the
act of 9th George ", containing precisely similar
provision. Now, think 1t pity, Sir, that that gen.
temun had not looked be yond of reference.
If he had taken the trouble Of examining the Bankrupt
Laws of England he would not have been bold III
his assertion. And must here be permitted III til.
face nj this high authority TO repeat, that there
Bankrupt Law of England, nor of any other nation
where lhe rights OF the citizen respected, that an
thorses the debtor to prosecute himself bankruptcy,
and procure his discharge wir~ul the act written
consent and election of large majony Of the cred,-
tors. repeat this assertion, knowing tha my friend
from Wood (Mr. JAcXsoS,) and other gentlemen
who have consulted more AUTHORITIES than nas-
ginal notes. are preparing follow me; but the ger.
tlcman from the city Of Richmond, has referred 10 the
Bankrupt Laws Of England, let Us, for lew moments,
examine those laws. will carry you back Sir, 10 tho
first statute passed that country to be found amongst
the acts Of the 34lh year OF Henry VIII This statute
shews the object Of the Bankrupt Laws Of England.
1t is the foundation which all the other acts OF that
country, the subject rest II commences as follows
"Whercas, divers persons crattlly obtain into Their
/
parts unknown, or keep their houses, not mndIng 10
pay their creditors their debts aforesaid, but, at their
wills and pleasures, consume The substance obtain
ed by credit for their own pleasure and delicate living,
against all reason, equity, and good conscience BE IT
therefore enacted that Lord Chancellor, &c upon
complaint being made by any Of the crsditorS IL 1ry,
itan such ogcRdcrS shall be arrested and their goods
| taken ia,o custody, &c Now, Sir, will any gentle.
contend that the object Of that law 10 favour
dishonest debtors: No, Sir, il was for the benefit Of
u Oh
Gerry, and prosecute their Fraudulent debtors under the
Bankrupt Laws; and if the proceeds arising from the
sale Of the bankrupts estate did not pay the whole debt
the creditors could still make the unpaid residue Of
their debts out Of his subsequent estate unless an me
creditors gave him release; The court had power IL
give a release under that act. The act, the
statute of the thirteenth year Of Ellzabet chapter oii
This statute only defined The traders, who were eul-
braccd in the law, and the overt acts Of bankruptcy,
which would Justify tie creditors file ;hc;r proceed
ngs or complaint against ici- debtors. The acts Of
the FIRST and Of the twenty first years VI James the l.,
still securing creditors against the fraudulent acs
Of their debtors Statutes passed tie subject
Of bankruptcy in the fourth, fifth, and tenth years OF
Queen Anne; also, the fifth and seventh years oil
George the l.. all Of which defining the pro-
ceedings Of creditors against their debtors for acts
of bankruptcy. Then, Sir, comes the prominent and
comprehensive act Of the fifth year Of George the ii
THIS act is yet IN force in England, with some small
notifications. This provides, that if any trader
who makes his living by buying and selling shall frau
dulenty keep on, Of the way Of lis creditors, convey
his property his friends, 20 10 JAIL and lie there two
months without giving bail, and many other such
fraudulent acts he may be proceeded against by his
creditors They fling in court petition and aft.
iayt Of their debts aud Of the fraudulent act Of
the debtor-givng bond and security, 10 prove and
establish tie fraudulent overt act Of bankruptcy
When this was done and the proof made,
mission issued, the Bankrupt warned BY PROCLAIM
ton to surrender and submit himself TO an eSamEa.
ton before the creditors and comm ssoners II he did
and could satisfy the commissioners that he had not
li!cd in consequence Of gambling, or any other unlaw
ful o impruhcn conduct aud that he had made full
and fair discovery of all his effects and could get their
certificate that effect; also The rrca release n fur
tjthS number ami amount u credors upon the re
turn Of such certificate and release being returned 10
court if the remaining creditors could show good
cause against final discharge, the court could decree
such discharge and the Bankrupt set liberty and his
person and property thereafter exempt from the payment
Of all such debts contracted before his overt
act Of Bankruptcy. Now, tins was the law anu mode
Of proceeding under the Bankrupt Laws Of England at
the lime the adoption Of tie Fedora! Constitution.
and is vet the law Of that country with the amendment
Of tile Of 9th year Of George Nv, which will advert
to- presently Then Sir it Will be seen, that under the
laws of England, the debtors had no hand in prosecu
ting themselves 10 Bankruptcy, but were only liable 10
be prosecuted by the creditors on doing some raudu.
lent dishonest act as traders.
Indeed all the Of Parliament anterior to the act
of the sixth year Of George w. treated bankrnps
cmen between the debtor and some portion of the
creditors the prejudice of the other creditors, that II
forbade all voluntary acts Of bankruptcy, and mada VOID
all commissions sued ont b. any creditor or creditors,
with previous understanding or concert with the
debtor therefore, all the bank!upts Of England
known as fraudulent bankrup,s. Now, let see Sir,
how The of the sixth OF George ~ altered tho
laws of England In France and Spain, from very
early period Of their commercial history, there were two
kinds of bankrupts one called fraudulent and the other
ha,y oDfn hank mis- NO
the same those Of England, and prosecuted IN the
same way. The unfortunate bankrupt, however, waa
not bound 10 do dishonest act before being proceeded
against but he might communicate his misiortunes I"
his creditors, and prevail them 10 prosecute h'in -
bankrupt; and if, on his final examination, he sa;is.
fed his creditors and the commissioners that he had
not become embarrassed by gambllng immoral prac-
tees or rash specnlations, hut by misiortune-and
that he mad faithfully and honestly gwen up all hIa
effects and could get such certificate from the Com
,nssioners and release OF three tourhS OF his credit
ors in number and amount-the court might, If the
other creditors could show good cause against II,
decree him discharge. Now, the only difference be-
tween the fraudulent and unfortunate bankrupts OF
France and Spain was, that prosecuted by
his creditors for his fraudulent overt acthc other,
his petition 10 his creditors, asking them to prosecute
him. Both had to get the same certificate Of The com
mssioncrs and the release OF the creditors Now
SIR will call your attention 10 the act Oth Of George
w. Of England. This act, Sir was intended 10 intro
duce into that country the class Of bankrupts known
in France and Spain, IS unfortunate bankruPts-that
is enable them prevail their creditors 10 prose-
cute them to bankruptcy without doing fraudulent act
for this purpose they night invite their creditors TO
secute them bv giving notice Of their Insolvency
barrassmen,. This was to be done by fling such notice
with certain officer Of the court and getting atteste
by him, and publishing il in gazette. IT, then.
the creditors, or portion Of them, saw proper.
they might file their petition against the confessed
bankrupt; and if, on examination before the commits
soners he could satisfy them that his failure was not
occasoned by gambling other dishonest practices,
and that he had made full and fair disclosure OF hs
entire effects, and procure certificate to that effect
and moreover procure the release Of fourhhs OF hs
creditors, The court might, il good cause could be
shewn 10 the contrary, decree final release as TO all
the creditors so tha, the act Of 9th year Of George
~ only created additional overt act Of Bankruptcy,
on which the creditors might prosecute if they saw pro-
per Now, Sir, will be seen, tina, in England France
and Spain all SORTS Of Bankruptcy are prosecuted ny
IL. Lie dehlnrs cannnt b. GIscharged from