Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1843-01-18
From the National madagascar.
MR.. PICKEN'

On TIE Btn 10 repeal TIE 6dnErdpt Latr
Mr Briggs had moved tina, the bill b:
! committed to the Conmitlee on the Judi
| ciary with the following Instructions:
"To report = bill 10 repeal that part o
the existing law which authorizes thr w
lun,ary application Of debtors, anil to 10.
clude corporations which issue paper I,
circulate as mouey within the operations
OF said law"
Which proposed Instructions Mr.. G..
Johnson had moved TO smend so as to in,
struci the committee To report u bill foI
The immediate repealof the bankrupt law,
without limit or qualification; (simply, il
fact. striking on, the Proviso Of the origi,
nal bill Of MIR. Everett.
The motion { commit with instructions
takes precedence Of the motion To amend
the bill.
So The FIRST question which uow recur.
red was on The proposed amendment oil
Mr.. e. Johnson TO The instructions Of Nr.
Briggs.
Mr.. Pickens took the floor, aud. after Il
promise to DO very brief in his remarks,
and an allusion, imperfectiy heard by The
Reporter. 10 the commencement of the
present discussion. went on to say that j!
he should permit himself. in his action on
that Aoor. to consult merely The feelings
ofhis hearI, and listen alone to the prompt
lays Of the kindlier sympaIhies Of his ma
lure. he certainly should mol be so hard
hearted as 10 deny The benefits in The bank
rupt law TO The unfortunate. His friend,
the gentleman from Louisiana. (.Mr. Daw-
son. who alone. Of the whole Democratic
party, had originally voted in favor CT The
law. ard who nov opposed its repeal, had
said ever, thing tina, could be said by any
n Oh Ina, side Of the question /; and Mr..
P. confessed that. whiIe listening to his
his warm appeals 10 favor Of the poor debt
or. all the sympathetic emotions of his
breas, had been strongly reused. But be
could not, he repeater, be guided in the
task Of legislation by his feelings and sym
pe,hies. He would not, indeed, under
take to maintain that no bankrupt law
could ever be constructed which should
conform to the acquisitions Of the Cons,i.
tuition md meet the spirit Of that ius,ru.
men, upon the subject. And this brought
him to The closing remark Of the gentlemen
from Georgia who had jus, taken his seat,
(sIr. Merriwether.) Tha, gentleman had
asked bow this law could be held uacon-
s.%i,u,ionai while the Constitution express
ly declared that Congress should possess
the pawer 10 pass "uniform laws on the
Of bankruptcies throughout the U.
Il was very true ,ha, the Con-
s,iiution did so declare : bo, what kind Of
DIR. P. considered this very power
as one Of the most dangerous aud most un-
pow rs which the Constitution con-
isined This provision, and that which en-
powered Congress to regulate commerce.
were two Of The mosi extensive grants Of
power in the whole instrument; and this,
10 relation to q bankrupt law, was a pow
er the leas, understood Of any. Under
this conviction. he would be very strict in
his construction Of those clauses. At the
time the Constitution wac drafted the term
bankruptcy bad reference TO tho statutes
Of Enslaud aud to the decisions Of the Er-
g)ish courts. and the constructions We lad
derived frumBritish law wEi.ersuponihein.
The statute passed in tho reign OF Henry
vii. was the FIRST ever enacted in En-
gland on that subject: and gentlemen
familiar With legal studieo well knew how