Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-02-01

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or Inc Enalish system Of bankruptcy; lis progress
hsucc.ssiye regns down TO the amendatoy act OIL
William the Fourth; the state otthe English system pre-
va linz at the time the Constitution oil the v. .. Wa
aJoped the character Of all legislation on the "
tho mower granted TO Congress III The Consutuoh-'o
chou That until the introduction ola BILL by alae Senator
from Massachusetts, Mr. Webster, two years ago, on
ne,ion from MIR Sillwell, now Marshal ot the soulh
ern District of New York, idea was never entertain
ed BY any legislative body on earh to enact law '1
,ha boon of all private debts and abrogaon OF all
contracts Yet lately that astounding proposition
had orud lis way into the halls of legislation, 1t was
already consummaed in the act passed al The Extra
Session He had repeatedly put the question 10 lie
advocates of that law without receiving answer, ana
he would again put it now, 10 afford The gentlemen
last opportunity of satisfying the country could they
nointto one government the civilized world, but that
nf the u s. which had ever dared TO pass such law as
Bankrupt law of the late Extra Session lie was
ready 10 yield the floor to any gentleman who could
answer the question After some pause. Nogentle-
man was prepared 10 point to the Government, on earth
which had ever entertained so monstrous proposition
because no gentleman could do it, MIR. Benton
showed that the principles Of the English system OF
Bankrupt laws universally those which prevailed
in Europe. He quoted largely and pointedy from the
Code Napoleon Of France, evidence Of the strctness
with which debtors there coerced for the security
of creditors; and dednced in general summary OF his
argument, that the Bankrupt law Of this country Us
now established is opposite in lis character and prIn-
cipes not alone the intention of the Constitution OF
the United States, but to the example, conviction and
sense Of every civilized country ln.the world 1t IS
law which cannot stand when il comes fairly before
the people It's operation will not only lis own
dcstructon hut that Of The party with which il has orr
glnated. Il lie (M.. Benon) TO be- governed by
mere partisan views and 10 act would best advance
the mere ends of party, lie should have sat in his
char without saying one word In favor OF tins re-
peal. But his motives were higher and hoer than
those of partizan and he could not SIT silently, while
/ no mt Of
States, and The Constitution which links all together
wantonly aud dangerously invaded But as
this attempt 10 the country was 10 be voted down
BY bare uaoriy-a strong proof that the aw has not
the constitutional uniformity Of character to command
universal vote IN its suppor-et the act OF the extra
20 into operation and the condemnation OF the
American people will, in very few months, be pro-
nounced III terms that cannot be msconstrued.
! Mr.. WILLIAMS explained the reason why he
should feel himself bound 10 vote against the repeal Of
the law. The State of Maine was in favor Of bank
rupt law afford relief to honest and unfortunate debt
ors and although lie wished 10 see the law OF last SEES
sion greatly amended, and also extended TO banking
corpora,ions yet believing the wishes Of his State did
not extend 10 lis repeal he felt that ne should best dis
charge his duty IN voting as he intended
The question being, Shall the bill pass
Mr.. CLAY demanded the yeas and nays; which be-
ing ordered and taken were-yeas %, nays % as fol-
| lows:
Ieas-Nlessrs. Allen, Archer, Baynrd, Benton Bu-
chanun, Calhoun, Fulton, Graham, King, Linn, Nc.
Roberts, Horehead Pierce, Prentiss, Rives, Sewer,
Saith Of Connecticut, Sturgeon, Tappan, Woodbury.,
Wight and Young-22
.y@ys-Messrs Barrow, Bates, Berricn, Choate,
Clay Clayton, Evans, Henderson, Huntington, Kerr,
Aangun, Merrck, Miller, Phelps, Porter, Simmons,
Smith of Ia, Southland, Tal!madge, Walker, White,
/ Williams, and Woodbrldge-23.
So the biz was rejected.
Before the vote announced,
II Mr.. MANGUM remarked that he had been request
ed TO account the absence OF the Senator from South
\ Carolina, (Alr Preston) That Senator BY special ap.
pointment to attend 10 some business wt the Senator
from Louisiana, Mr.. Mouon,) had paired off with That
Senator
Mr.. CLAY moved that when the Senate adjourn, it
adjourn TIL Monda, next; which motion agreed 10.
4 On motion Of Mr.. CLAY the Senate then adjourned.
HOUSE OF REPRESENTATIVE
The journal having been read,
/ Mr.. LEWIS WILLIAMS moved call Of the House,
which having been carried,
TIE roll was called; when it appeared that 10 mem
bers answered 10 their names.
The doors then closed, and the absentces called,
when il appeared that there 21l members present
4 On motion BY Mr. FILLMORE, further proceedings
under the call were dispensed with and
The House resumed The consideration of the resolu.
ton submitted BY Mr.. Marshall, ccnsure Mr.. John
Quincy Adams, member of that House, for having
presented petition from certain citizens Of ayerhll,
Massachusetts,, to dissolve the Union.
The question being the motion of Mr. THOMP-
son ofIa TO lay the resolution on the table,
/ MIR. MARSHALL appealed 10 Mr.. T. 10 withdraw
the motion, TO allow him opportunity TO reply tn the
misrepresentation of his resolution, and place him
self right before the country.
Mr.. THOMPSON having consented and withdrawn
the notion
i Mr.. MARSHALL addressed the House at great
length, in most eloquent and mastery defence Of the
ground he had taken; nfier which,
4 Mr.. ADAMS replied 10 il at great length, still pro-
testing against the jurisdiction of the House, and de-
handing that if lie was be tried, he should be sent
to court Of justice. H. however the House insisted
on trying him. he insisted post ponement and hand
cd up several resolutions which lie wished the House
10 adopt, calling upon the Executive Departments for
information TO be used in his defence. Among the in
formation required by Mr. A. the report of the trial
of Captain Bolton the correspondence between the Go
vcrnmcnt and MIR. Stevenson and the letters Of Com
modore Hull, relative 10 the return of The Mediterra
mean squadron; the correspondence between the Hon.
William Cost Johnson and the President OF the Uni
ted States relative to the 2ls rule; the act of the Lee
gsatu.e Of South Carolina relative TO free negroes 90.
ing the ports Of that State merchant vessels and
The opinion Of Judge Johnson with regard TO the
stitutlonaliiy Of the act, &c, &c
In the course of his remarks Mr.. A. called for the
reading of the three several reports that were made
the House in 1886 the subject Of the duel between
Messrs. Graves and Cilley, and while the Clerk
reading from Of The reports, Mr.. A. gave way for
an explanation to
! Mr. WISE who and said: He was clad that he
had an opportunity Of saying hat he long wished
TO say, and he thanked God that there large
sembly present to hear it, and that the time had at
length arrived for time 10 yndicate himself now and
forever from the charge OF nsgaing and advising the
duel of Caves and Cey.
lie had been charged by the gentleman from Massa-
chnses, of being the instigator and adviser OF that
duel, and with being more guilty than the man who
pulled the trigger; and he (Mr. A. reading from
the journal with a view incidentally Of convicting him
(Mr. W. of the charge. He glad to that there
present, and in that Hall, two Senators from
Kentucky, who, at the time Of that duel represented
that State in the Senate Of the United States, of
whom (Mr. Clay was sitting Immediately behind the
gentleman from Massachusetts,; aud lie would appeal
10 them 10 bear him witness, that his advice not
given, relied followed, in single preliminary of
that duel: that it the advice of another, better
a higher, and more distinguished man, that
lied on and 10 what occurred upon the eround was
only there armed second, TO guard the life of his
friend, with written instructions in his pocket. His
only regret was, that he was induced 10 co. not