Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-28

Ito be paid as aforesaid may upon affidavit Of The facts
sworn by said individuals and, at least, two dIsIn-
erested witnesses, proceed against said company AZ
bankrupts in other specified in this act-and
the same proceedings shall be had in other cases
except that no certificate Of discharge shall be deemed
necessary proper TO be given TO any stakeholder Of
sad company, except in cases where such stockholders
may be personally responsible for the debts OF such
company and, in such case, said stockholders shat
be discharged, upon the terms and restrictions
as in the other cases Of final discharge authorized BY
this act.
Mr. CRITTENDEN enireated Senators to act upon
this bill once, if they meant TO attend to the business
upon the calendar.
briefly in opposition 10 the Bankrupt law.
Mr.. CHOATE followed in behalf of the law, en-
treating the Senate not to repeelt; pointing out what
in his view, would be the consequences OF repeal, ex
pressing The hope that the bill would be amended, and
willingness TO vote to include corporations when ther
insolvency was proved by commission instituted fol
the purpose.
Mr.. SMITH of Connection: rgan addressed the
Senate upon the merits of the law, and in reply 10 Mr.
Choate and sir. Berrisn,-arguing 10 prove that The
law now in force was unconstitutional.
Mr.. ALLEN was opposed 10 the Incorporation of any
mendment, fearing the effect would be to lose the bill
for repeal of the law.
Mr. WALKER called for the yeas and nays upon his
amendment, which he modified TO except all banks
in which the States had proprietorshp.
The yeas and nays were called, and the amendment
was rejected by the following vote:
Ysas-Messrs. Allen, Bagby, Bates, Benton, Bucha
nan, Choate. Crafts, Evans, King, Linn, msRoberts
Sturgeon, Tallmadge,. TapPan, Walker, Williams
.Naqs-hlessrs. Archer, Barrow, Calhoun, Conrad,
Clayton, Critteuden, Cuhbert, Dayton, Fulton, Ora
ham, Henderson, Huntington, Kerr, McDufie, Man.
gum, Merrick, Miller, Phelps, Riyes Sewer, Smith Of
Ia. Sprague, White, Wilcox-24.
The Senate then voted upon the amendments of the
Ind, aft pd
yeas l6, NAYS 30
Mr.. BENTON moved to amend The bill from the
House, (Which in order before the Senate,) by
striking the provso which declared that the repeal
Of The Law should not affect any pending cases.
This amendment gave rise to debate, in which Messrs
BENTON, BUCHANAN, and SMITH of Connect
cut, participated and it was lost.
Mr.. BERRIEN moved an amendment that creditors
shall be allowed the privilege of selecting assgnees
and it reeced-yeas IA, nays 80, as follows:
rad, Dayton, Evans, Kerr, Merrick, Miller, Phelps
Porter, Tallmadge, and Woodbrdge-l4.
.Nays-Messrs. Allen, Archer, Bagby, Bayard Ben.
ton, Buchanan Calhoun, Choale, Crafts, Crttenden
Cu,hberi, Fulton, Graham, Henderson, Huntington
King, Linn McDulie, McRoberts Mangum, More
head, R,ves, Sewer Smith of Connecticut, Smith Of
Indiana, Sprague, Sturgeon, Tappan, Walker, White
Wilcox, Williams, Woodbury., Wright and Young-35
Mr. CONRAD offered an amendment, that the repeal
of the law shall take place and after the 4th day
APrii next; and II was lost-yeas Is, nays 81
Mr. TALLMADGE submitted an amer dment, that
there shall be allowed each Judge, on The final dec
sion Of pending in bankruptcy, the sum of one
dollar; and it was rejected-yeas Ia, nays34.
Mr.. TALLMADGE moved that the bill be postponed
until the fret Monday OF December next, and the mo
ton was negatved-yeas H. nays 81
The bill, which is the sume identeaHy, as it came
from the repeating the Bankrupt law forth
with, and excepting from its operation already
entered and pending, was passed-yeas 49, nays 3D. as
follows:
.Nays-Alessrs. Allen, Archer Bagby, Bayard, Blu.
cnanan, Calhoun, Crafts, Crtenden, Cuthbert, Day
ton, Fulton, Graham, Huntington, King, Linn, Nc.
Dufiie, McRoberts, Mangum, Merrick, Morehead
Phelps, Rves, Sewer, Sprague, Sturgeon, Tappan
Walker, Wilcox, Williams, Woodbury., Wright, and
Young-32.
Yeas-Messrs. Barrow, Bates, Berrien, Choate, Clay
ton. Evans, Kerr, Miller, Porter, Smith of Indiana
Tallmadge, White, and Woodbridge-l3.
The Senate then adjourned.