Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-01-27

MIR Speaker-Before the vote is taken upon the
proposition Of the gentleman from the City OF
Richmond, beg to be permitted to address few
words to the House. I am listed, sir, know,
among those who desired, aud far as depended
upon some OF them nj least have given explicit
insurance Of their in0ispositon enter upon Fede-
raj relations at all at this sesson-aud earnestly
desire to prevent unlimited sessions OF the General
Assembly,-and II, sir, | now seem TO occupy n
position rather different from that upon which |
desire 10 stan6 il will be found due to no prece.
den, conduct OF my own; but TO the acts Of Others
entirely independent OF me. Nor, sir, can admit
that because deem It proper upon a subject thrust
on me- to express TO tins House, and to the State OF
Virginia, the views which seem to me lust, and the
consideration To be contemplated IN arriving at any
conclusion IN regard TO the proceedings here | am
the object OF a fair criticism IN this respect Time
sir, and money, too, are, admit very worthy the
prudent consideration OF the Legislator-but the
expression OF opinion OF the Delegate upon the
subject forced upon hlm, is OF times due TO himse
and 10 his position.
| listened, sir, with n satisfaction, in which
am sure others participated, to the eloquent re-
marks OF the gentleman from Richmond-and
though IN many respects his positions commanded
my assent to their business, yet from Others mus
dissent
That the Federal Legislature does possess tbs
power tn enact Bankrupt Law, none controyctt-
the granted power IS expressly conferred by the
Cons'ituiion;-that to understand the extent Of this
power VIC must look TO the fact how II was rxerci.
sed IN Great Bl,an, at the time of its adoption
here, believe 10 he correct poSition;-th the
provisions OF the Bankrupt Law m Great Britain
did extend so Ear as would the operation OF the
Binkrup, Act passed at the extra Session Of c, n.
gress, (f It went into etiect,) have not vet heard
any Intimate or at least attempt to prove True
the gentleman quoted authority, think, TO cstao
iIsh that the retrospective operation of the law com
planned OF by the member from Preston, Is not I'm.
par1l.ecd-ihat the ike effect has been afforded
~ statutes IN Great Britain, of moro recent date
thin the date OF the Constitution OF the United
= atF IL
planned OF, from the censure implied IN the term
unparalleled conduct. But humbly conceive j,
does no more. Ii establishes neither the existence
OF authority IN Congress, to establish such prin-
cpe, nor the policy OF acting upon II, It possessed
But my friend from Richmond, is too judicuus
man, as well os too Sagacious Lawyer, to base his
Argument oT the existence OF such power IN Con-
Eress, upon The mere exercise OF sim ar powers, by
The Legislators OF Britain ON the contrary, did
not understand HIM as referring TO the example |
furnished by the legislation of that country ey-
cept to disproNe the charge, which asserted the !
legislation upon the subject, the extra session. TO
be unprecedented. He has looked elsewhere, as | |
understood him, for the source. The gushing
fountain Of the authority he claims for Congress IS
the Constitution itself
Ii It Toe there, ss, lis possessed. What is cx.
pressy conferred by The Constitution, Congress may
do ans, 10 use The words of that holy guarantee Of
the social and political independence prosperity and
happiness OF millions OF ireemen may pass ali other
laws which shall Toe necessary and proper for carry
ing INTO execution the enumerated powers vested
NY the Constitution in the government OF the United
States, or m any department officer thercor-So |
far, SIR, no farther. But my friend instead of citing
q power enumerated; having proved that the
Bankrupt Law, passed at the extra session, and
more especially the provision Of IT, establishing The
principle audedt' was necessary and proper TO ca
~ into effect any granted power, reiesupon the mere
iaci that while the States themselves are expressly
prohibited, 10y the Constitution from ensc,inP any
law lmpaiHng the obligations Of contraots-jhc !
prohibition does not IN It's Terms extend to the L. /
states, whence he seems TO conclude II NAV lie nos
sessej. Sir, very respectfully refer my friend /
from Richmond, 10 the 10th article OF the amend |
fnenis OF the Constitution " The powers not dele
gated TO the United States by the Constitution ror
prohibited by Il 70 the States, are reserved 10 the |
STATE, respectively, or 10 the people"
DO not then, sir, conceive that the gentleman /
has established, that Congress possessed any power
10 establish any such principle; and es TO the pro-
pe'y Of IT'S exercise, even ii possessed, should en-
terrain very different views IN the main from those
winch inferred were those of the gentleman.
cannot agree that N general cases (which did hy
no means understand the gentleman TO assert) nor
even IN rare cases, would be Just, or even seeming
good ro'Iey, TO annu, by the uncomfortable force
~ eSseuoni pre-eXisung contracts, fairy entered
mo- and upon the performance Of which the COM
ioris OF many thousands depended No sir-uo
IL 70 be done at all, sir, It's only in extreme nsan-
go Ih 'ne instances which, m their eTisency clam
our Tor, SIR, and almost warrant, revolution
One primary advantage OF our FederaI Consri,p- /
iion' IN the opinion Of many, consists in the clause
which aims 10 prevent the revolutions which must
necessarily occur IN all countries, as the apse of
time, the progress OF events and the altsroton nj
circumstances, prove the nation that their auces
tors, taIthOush wise, and good and great and gene
lousJ were not InidAble, nor could, by poss bllitv
ioresee, as with The eye Of omniscience oil 10 trans,
Pre- 10 the slow march OF centuries That clause
OF lhe Constitution which aims 10 prevent the ne. /
oesSaIy revolution from becoming a bloody one as
elsewhere Il must he | cannot agree sir that the
mere authority conferred upon Congress. 10 enact a .
u 'nhrup' Law IS equivalent u, or resembles I'm .
l"'aseoogy, spint or design, the forbeaung clause
the constitution which authorizes amendments T
hor, SIR have ] yet learned that the operation ~
ine Bankrupt Laws OF Britain, extended 10 the y,
nous classes OF persons, said to be intended flor sir
nave not lhe act before me,) by the act passed al
the extra session. IT'S, sir m Great Britair tb,
law Of mercantile community True SIR tho
American people are the most entcrprisins rronIe H.,
upon "hom the sun rises and sets-engaged in more
various pursuits, perhaps, than ony other eou,I
number OF men upon the haDitabe globe,-having
more inducements 10 enterprse-possessing too in
ihe main, more sasacIty than any o,hersi-and The
"a" "hith re,cucs the unfortunate trader mot. rr
ifom imprisonment; for, SIR, even 90 those States
"Herc ION nsonmont Tor debt yet exists the ins,an.
oes ufe rare ndeod where the creditor dares Do spite
u the proper, humane, general feeling upon the
tlDlecl the pfompungs Of his own heart the igitv
o. the Incarceration, the certainty Of pecunary dis
advantage, TO keep the debtor useess,v corfned.l
"u' ST. "hlch iescues the debtor from his pecuniqrv
emoarussmenis, frees him from para ysis. and re-
s'ures MN, useful and healthy man, to his family
hSnh 10 ncnthi society and 10 live and not desmond.
lugy 10 cumber, and, broken-henrted 10 die unon
socieiY-should be liberal in its ertensicni Bui
tho law should be a law for traders snd mo, 100
extended. ~ "'' wv
have gone thus far, sir, in in.imeting nv o,.;
mons, responsive 20 the suggestions of the st .rc
tcman from Richmond. ] am not. sir. fully No.,
suaded Of the true policy Of the clause which r.r
miis voluntary bankruptcy. Tbs, tho eertIcm,n
inloims us, has its precedent elsewhere. am no,
prepared 10 assert % 10 be good policy and - i.I
not state that IN rs effects il will. in / cases bsrs
hi.er, be bed. think, sir, u will be rememter,d
ifatone Of the causes 70 which the party Of the nte
administration attributed, mainly the M condition
O. whicn, under their auspices, the country was re-
duccd, was the undue extension Of credit Now
sir, whatever may be the W Dr. huence q this rI,u,e
upon the contracts already cN sting, Il will Ger ainly
OF the Inv ever goes into effect, which IL is general,
~ hoped, and believed, 90 will noD very muchirAl.
cnce future transactions between individuals. al
lensi, end between individuals and banks too Tin
Limited credit will not uo 81, unsparng avshcd as
ms tcen TOO lr qutnry Tho case heretolorei
AND ms ST., brings me 20 mention poti-
ton in which ! much more accord with tbe |
gentleman, than in what I understood to b. /
ms lhumauOni that the greatness und ror, al
Eue'hndi lchchy dependent upon her e. ina
mefca pfospcuiyJ was wound up with her INK /
fupt system. think That. upon further reH. t.-.
the gentleman will be satisfied, thatbcr free ,.s.r
Der constitution the spirit of her common Io,s b,r
former Judic0us hospitality TO foreigners. her insu.
laf position her commanding attitude no. relation to
The Continent, her navigation laws. and fhe len ou.
Gaze which has ever guarded British interests
throughout The world, have much more FOB do with
tHr reerIf he engal.a al than fI. ,.,..,