Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-12-13
CoNGREss--sd Session
Thursday, Der s. le42.
IN SENATE

a communication from The Navy Department, trans.
mitted in pliance with the act Of Congress OF March,
1919, covering abstract of the expenditures out OF
the contingent fund Of that department, from the LIST
October lSIl, TO the 30h September, lS42, inclusive;
which,
On motion of MIR. ARCHER, was ordered 10 lie on
the table, and he printed.
4 MIR. HUNTINGTON submitted resolution, (Which
was, by unanimous consent agreed to- so far suspend
ing the 3th rule to authorize the presiding officer
appoint the standing committees tor Tie present ses-
sion
message was received from the House Of Repre-.
sentatives, informing the Senate that that body had
pussed resolution for the appointment Of two chaplalns
for the present session, OF different denominations
one for each Iouse-who to interchange services
weekly; and also passed resolution for the appoint
men of ,int committee consisting ofhree from each
fIousel supern.erd the disbursement Of the fund for
the increase oi the library of Congress- and asking the
concurrence of The Senate in each.
| On motion Of Mr.. TAPPAN, the resolutions were
concurred in, and the Chair authorized TO appoint
the committee the part of the Senate 10 superntend
the disbursement Of the library fund.
On motion by Mr.. BATES, the Senate, BY unani'
nous consent resolved proceed forthwith to the cleo
/ ton of chaplain.
Mr. BAYARD suggested whether it would not be
better 10 pass resolution simply appointing the chap
lain Of the last session.
The CHAIR said that the rule required that the Sc
nate should ballot and the resolution therefore
nadnissblc
| CHAPLAIN.
The Senate then proceeded TO ballot; when j! was
ascergined that only - ballots mot quorum) had been
received-of which
/ Dir. fusion received ~, and
| ilr. Buinch ].
/ Al the suggestion of Mr.. KING, the Senate was
counted; when II was asceftalned that quorum we're
present
The SENATE proceeded second time to ballot when
% votes were received-of which
MIR. fusion received III,
Mr. Bulhnch and
Blank
Mr. Tcsion therefore declared TO be duly elected.
| THE BANKRUPT ACT.
Mr.. BENTON, on leave, and agreeably 10 notice
given, introduced bill to repeal The Bankrupt act;
which was read as follows
Whereas the Bankrupt act Of lSi is unconstitrton-
al and immoral, and violates the rights of the States
and of individuals, and is invalid and yo'd and ought
he permitted to remain on the statute book; there
/ fore,
Be il enacted Jythe Senate and House IF RrprtScnta
tires IF the United States Of 4merica in Congress assem-
6ed That the act passed OH the 18th OF August s4l
entitled SIN establish a uniform system IF tank
ruptey hrouyhont the United Statrs be, and the
hereby is repealed, except for the trial of
depending under said act which cases may be prose
cued In termination under the following Limitations
and conditions to vii:
| First That no discharge from his debts shall be
granted any bankrupt, except with the consent of
thirds of his creditors and npoI the judicial ceS
icate OF his integrity, provided for IN the :i6h sec
ton of the Bankrupt act OF April H. lSCo, which 10 as
! follows:
s.1ha. no person becoming bankrupt, according 10
the intent and provisions u THIS act, shall be entitled
to certificate Of discharge to any OF the benefits
Of the act unless the commissioners shall certify, IN
der their hands, to the Judge OF the district within
which such commission issues, that such bankrupt
hath made full discovery Of his her estate and Fl
frcts and in all things CONFIRMED him or herself 10 the
directions Of this act and that there doth not appear TO
them any to oocbt oil the truth ot such dis
covrry, that the was not full discovery OF the
said batkrmp,s estate and etcts-or unless the said
Judge should be of opinion that the sod certificate
unreG sonably denied by the commissioners and unless
two thirds in number aud in value, of the creditors
of the bankrupt, who shall be creditors for not less
than fifty dollars, respectively, ard who shall have
duly proved their debts, under the said conimissiun
shall sign such certificate TO the judge, and testify
their consent the allowance Of certificate of dis
charge, in pursuance of this ac which signing and
consen shall be also certified By The commissioners; but
the said commissioners shall not certify the same till
they have proof BY affidavit information, in writing
Of such creditors, of the persons respectively au
thorzed for that purpose, signing The said cert'ficale
which affidavit affirmation, together with the letter
power Of attorney sign, shall be laid before the
Judge of the district within which such commission is
sues in order for the allowing the certificate of de-
charge: and the said certificate shall not be allowed
unless tie bankrupt make cath affirmation, in writ
ing that the certificate of the commissioners, and con-
sent of the creditors thereuno, were Outlined fairly
and without fraud and any of the creditors of the saId
bankrupt are allowed to he heard If they shall think al
before the spectve persons aforesaid against the max
ing or allowing Of such certificates by the commission
ers or judge"
Secondly. That the nsolsent laws Of the States be
and left in force TO the same degree that they
were ordered be respected by the 6st section of the
act of 1900 which section is in the following words
"That this act shall not repeal or onnu, or be con-
srued TO repeal annul, the laws of cny State now in
force which may hereafter be enacted for the relief
Of insolrcnt debtors, except far as The may re-
epect persons who are, may be clearly within the
purvew of this act, and whose debis shall amount, IN
the cases spec flied in the second section thereof TO the
sums therein mentioned And if any person within the
puryew of this act shall be imprisoned for the space of
three months for any debt upon any contract unless
the creditors Of such prisoner shall proceed TO prosecute
commission of bankruptcy against him or her, agree
ably provisions OF This aci such debtor may and
shall be- entitled TO relief under any such laws Tor the
relief of insolvent Debtors this act Notwithstanding
| Tnirdfu. That the liens created by State laws on
the property Of bankrups be respected and observed
| IN the same full and absolute manner in which they
were ordered 10 be respected and observed by The b1h
section of The said act OF 1906 which section IS IN these
words:
"That nothing contained in this act shall be taken
construed to invaIidae impair any lien existing al
the date of this upon the lands chat!es Of any
person who may become bankrupt
FouTihiy. That person subject 10 involuntary
bankruptcy shall not have the privilege of voluntary
bankruptcy; bnt, fling declaration of insolvency,
shall be subject be proceeded against at The will of
his creditors, according 10 The principles Of the 9Th
section Of the bankrupt act of George w. and the 18th
section of the nsolvent debtors of the reign.
Fhiy. That the operation Of the act be prospective
only according to The first section Of the bankrupt act
Of the year 1900.
Sizthiy. That agreements the part Of bankrupts
in office to assigns part o,her salaries and enolumen.
TO their credilors be binding in law, and give The
creditors the right have the same retained for their
benefit.
On motion OF Mr. Benton, the bill then ordered
20 lie printed, and read a second time.
| sir. WRIGHT presented a petition !rom w. M.
Quackenbos ard Others suretes of the a'e Collector
for the port Of New York, (Mr. Swar.aout) asking
that law might be passed suihorislng The Secretary
of the Treasury compromise with said su,ees their
liabilities to Tie T. States. ar. " remarked that this
matter had been before the Senate three four
cutiye sessions, and bill had been invariably passed,