Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-10

dfmatve response; but he believed That his succe:
sor was friendly to the Bankrupt law This, however
was not question that entered into the election in hi
| oisiric' And he did not know another gentlemen i
hs district except the alluded To- who iavor1
Bile 10 the law.
Mr. Err said Tint he would vote agans
Inc repeal! and he read various extracts 10 show tina
there existed DETECTION in the ranks OF the Democrat
party, and he observed that it appeared from the gyn
ons ci lie gentleman from New York, OR Bowie
That he was not nverse 10 enlist under the banner
Mr. Tyler. and il he (Alr. ny could judge from In
remarks OF the gentleman from Ohio, yesterday, b
(Mr Weiler,) too, possessed similar disposition An
he desired the gentleman from Massachusetts to inlor,
him winch party he expected to bid when he (aIr
Cushins0 put up The Administration at auction
Mr. CUSHING called on the gentleman from Geor
gIa o. any other member of the House. put his fin
ger on a sentence in his speech which authorized IN
imputation. Let the gentleman select from tina
speech the sentence which justified the remark 0
which the gentleman declare unjust in primo pie
untrue in fact.
Mr.. MIRl.YETHER said tiai the > .o:e :.eeeh i,
self warranted the inference.
Mr. CUSHING again asked the gentleman TO b.
good enough to pnt his finger any part ,he speech
which was unjust in principle or untrue in fact:
MIR. MERlWETHER repeated that the gentleman
whole speech had confirmed shat he had said Ate
he concluded his remarks
| MIR. PlCkENS desired TO tetain the House but ,
few moments IN rela ion to this subject. He awar,
that il had been sufficiently discussed, and he would
he pleased to see an early action upon it, Were he Il
egslae according 10 the feelings Of III. heart and the
sympahes Of his nature, he would not deny to ihos.
unfortunaes who seek for the benefits of this law the
relief that i, would give them The gentleman from
! Louisiana, (Nr. DawsonD the only Democrat win,
voted for tins law, said the other Gay all that could be
said IN its favor He confessed, (Mr. p sad) tina. al
tie sympathIes OF his nature deeply reused By
The gentleman warm hearted and feeling address but
he dad not stand here II cgslae according TO lis feel
lngs, 10 give relief to particular class at the ex
pense OF the Constitution Of his country He did no,
mean 10 say That Banarup; Law could no, De framed
IN accordance with the Constitution and this brought
him TO the remark OF the gentleman from Georgia an
this part OF the subject The gentleman asked why
this law should now be repealed since the Constitution
gave TO Congress the express power pass Bankrupt
Law. He agreed with the gentleman that the pos er
was gwen IN The Constitution, but he always consider
ed il as The mos: dangerous tina. could be exercised
thai, and the clause giving the power to requisite com
ne.ce, were The most dangerous and uncertain powers
IN The OBSERVATION-DISCLOSURES OF which he always thonyh.
that Congress should be exceedingly cautious, and
street in their construction when exercising ,hrm-
When the trainers of the Constitution inserted The
provision in IL in relation TO Bankruptcy, they mug:
have had 10 view It's meaning it was then understood
from English law and English decisions. All know
the statute OF Henry VIII, and how extremely limited
was in its provisions. II was intended 20 apply 10
swindlers, and dishonest traders only who become
bankrupt, and 10 make Them place their assets at the
disposal of their creditors-Tlat aw was the cunda.
ton of oil the English laws on the subject made since
that time; and there was doubt whether the, Ind
not done more harm than good. 1t, then, there were
just grounds for complaint against the system in cuun
try OF limited extent like England, with consolidated
Government how much more likely would i, b. 10
operate nJurously IN country ike ours of diversity
ot interests aud pursuits ind Of twen;y-six udeneri
ent sovereignes
Mr.. p, after further remarks went on 10 at,,.
against the principle OF voluntary bankruptcy in the
present law. lie knew that it had been said thai E,re
was but little difference between insoivcnt Ia ana
bankrupt law, end the opinion OF the Attorney Gene
bal bhq hsfne UrGap "re,4or- re tL;S- aqn'':".
tended FIR the benefit Of the creditor, and to provide
Ina, the assets of the debtor should be paid over for his
usr Now when bankrupt law contained within Il
the voluntary principle Of bankruptcy, allowing ihr
debtor nj his option TO relieve himself from his oblgn
tons his creditors II was nothing cut an insoiv"h'
law and therefore entirely out of The meaning OF The
clouse in the institution referred 10. lie would there
fore make the act If he passed one at ALL ~ s!:ci con
fvrn.y with the meaning of bankruptcy, ns 1t was un
dersiood at The tune The provision on the subject wac
Inserted in the Constitution; the meaning III bankrupt.
cy as laid down in Blackstone, was precisely The cne
,hu. no would be governed by lie thought that the
nrssent law was unconstitutional! because it clearly
interlered with existing contracts, ard clearly an t1
most aeto law; and lie held that gentlemen who sup.
noted were bound to argue that Congress had right
10 interfere with contracts, and make post tncto
law In fact, gentleman at the last session did taae
such prounds-and what was his argument? Why,
that Congress con!d interfere with contracts, because
the power was prohibited 10 the Siates. This wac 0
perfect solecsm, and argument he never expected
10 have heard lie had thought that this was Co
vern,ner, Of limited powers, and confined within the
n DIVISIONS of n written Constitution But, if such
doctrines prevailed IL would sweep within the pcwers
Of the Federal Government ali the contracts within
the country all the relations between debtor and cred
i.or and nearly all the transactions OF private ie
| IF hot pGuix sH q
claimed for the Federal Government, by adopting such
an arpumen. as this, Credi, and confidence between
man and man would he broken up. No man would
trust his neighbour and oil business you'd be destroy
cd if il should be decided that the Federal Govern.
men, could step in and interfere with contracts re-as-
ing The debtor from the obligations he bad entered into
and thereby deprivng the creditor from portion OF
his property If gentlemen took it on this ground,
they were compelled to take the argument that this
Goyernmcn. can interfere %ith contracts and pass e1
rosi facto laws Il vas power Eat would shake Inc
very foundations Of civilized sncie.y; and OF course,
j, was no, granted TO this Government By the trainers
| Of the Constitution. II this ground princ'-
pay that he in favor OF repeal OF the la%. IL
had been argued tina! should be retaned beeanse Gil
the harm that could be done under Il had been d9he
nlready and that there were numbers who, having
been driven into bankruptcy by il, were now, in justice
entitled 10 IL, benefits Much had becn said TO excite
the Of the House for this class OF nho
un.te persons Though he loved The attribute oil he'
CIV, he was still bound 10 do astice ne %on,o ~.
~ ln,n. way Tor ooing equal and
exact nslicc to al and would not for the sake ofndnlg
ing the kindly feelings of his nature, trampie on the
Constitution OF lis country. Mr. T n Vt went into an ar
rnmeni Coins: the proposition IF the gentleman irnm
York, to include hanks and other corporations IN the
provisions of the Bankrupt law. he asked if the gen.
teman had iiec.sd the alarming consequences Ia
would fellow the successful termination OF his motion
What he asked would lie left TO the States, 1t this pro
position should be carried into e!cc ihe'r churches
their railroads, their school corporations, and prv a'e
chartered companies Of every description, would bs
swept away. He much opposed TO banks as NM
gentleman on tina, n,or, and had assaulted them viii
all line energies Of which he capable, when othe
gentlemen, who so ready to attack them
Guaiied under their power lie was utterly and IRE
concilsLly cppoacd them; but lie would not Tor E
sake of get ing them, sweep away that noble nsirn
,.en on y hc!. orr liberties rest. l.aoS al ALABAMA
y hose State Bank part vi her financial system -
LAX at South Carolina. hch Hss largely inieresls
N her Banks. Would gentlemen have te;e 10 be pace
d. the mercy OF the Northern end Eastern banks, Il
sue out commi ssons Of bankruptcy against them, ant
d-,, tbp,n down IN ruin; What would be the effect @