Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-07
On motion by Mr. GAYARD, the Senate adjourn
uo,rsr oF REPRESENTATIVES,.

Mr.. c. J. INGERSOLL offered the following reso
ton, which was adopted. !.
Resorrtd, That the Committee on the judiciary Os
instructed to inquire into The expectancy OF a'oi''"'s
ca pi.al punishment in public
ABOLITION. ;,
MIR. SLADE rose and said, lac wished 10 presen' .'s
resolutions o the Legislature Of Vermont, IN ieaoA
10 the abolition Of slavery in the District of COLUMBIA
As their reception was precuded by tie 2s rule, he
should be under the necessity of moving Suspension
Of that rule, for the purpose Of accomplishing MS Cd
eci, ard Offering the preamble and resolution.
MIR. GILMER inquired if the motion wes IN order;
10 which
Tie SPEAKER replied in the affirmative.
The yeas and nays ordered on the motion
Mr.. A. V. BROWN asked if it would be in order to
move to lay the uio,nn on The table:
The SPEAKER said No.
Some confusion then ensued, and several gentlemen
attempted to get the Goor; in the midst OF which, the
calling Of the roll commenced.
The House refused 10 suspend-yeas 73. nays lO9
as follows:
Yeas-a!essrs Adams, Sherlock J. Andrews, Ay
crieg Babcoch Baker. Barnard, Brdseye Blair, Board
man, Borden, Briggs, Bronson, Jeremiah Brown, Bur
nell, Calhoun Chllds, ChiI,enden, John e. Clark, Sta
lev " Clarke, james Cooper, Cowon, Crans;on, era
vens Richard ID. DAVIS, Everett, Ferris, Eessenden
Fillmore, John e. Floyd, Gates, Gitdngs Patrick e.
Goode, Granger, Iaisted, Henry, Hudson, Hunt Jos
Il. ingersolI, James, Linn, alchennan hicheon, Ma
thiot, Matocks, Maxwell, Maynard, Morgan, Morris,
dlcton, Ramsey, Benjamin Randall Randolph, Rdg-
way Roosevelt, William Russell, James NJ Russell,
Sal,nnsia, Sanford, Sade, Truman Smith, Stokely,
Srauon, Tilllnghast, Toand, Tomnson, Trumbull,
Joseph L. White, and Winthrop-73.
.Ngs-Nlessrs. Landau w. Andrews, Arnold, Ar
rngton, Beeson, Bidlack, Black Bovine, Boyd, Brew.
s,er Aaron V. Brown, Billion Brown, Charles Brown,
Burke, Green w. Caldwell, Patrick c. Caldwell, VIM.
b. Campbell, T J. Campbell, Caruthere Cary, Casey,
Chapman, Clifford, Clinton, Coles, Mark A. Cooper,
~, nnan ,ha-r
Eastman, John G. Edwards, Charles A. Floyd, For.
nance, Gentry, Gerry, Goggn, Gordon, Green, Gw'n,
Harris, Hays, Hopkins, Houck, Houston, Hubbard,
Hunter, Charles J. Ingeraoll, Irwin, Jack, VIM Cost
Johnson, Gave Johnson, Isaac ID. Jones, Kcm, King
Lewis, Li,,lefeld, Lowell, Abraham Mcclellan, Nc.
Kay, nlarchaud, Alfred Marshall, Thomas F. Marshall
Mathews Metill, Meriwe,her, Miller, More, Newhard,
Owsley, Payne, Pickens, Plumer, Powell, Rayner,
l,edng, Rencher, Rhe Riggs, Rodney, Rogers, Sam.
ders Shaw, Shields, Sprigg, Stanly, Steenrod, Alex
r. II. Stuart, John 7. Stuart, Summers, Sweeney, Ia
afer7o, John Is. Thompson, Richard w. Thompson,
Jacob Thompson, Trpic;t, Tceney, Van Buren,, Ward,
Washington, Wat,erson, Wellsr, Westbrook, Edward
d. White, CHRISTOPHER II. Williams, Wise, and Wood
100
THE BANKRUPT Law
M.. EVERETT called for the orders Of the day.
The SPEAKER announced the order of the day TO
,e the bill 10 repeal Ike Bankrupt law; which the
gentleman fran Kentucky Mr. Marshall had the
lonr.
r.. r.
Observed that he vas extremely anxious 10 have said
word the subject Of the repeal o. the Bankrupt
aw, aud was particularly anxious 10 have said some.
hing upon the incidental questions started IN debate by
he gentleman from Massachusetts, Mr. Crshins;J but
warned by the experience OF last night that per-
onal debility would prevent him from proceeding, as he
onlI have wished for the s.ior. time the rules OF the
louise allowed HIM He should, therefore, yield the
ioo to any gentleman who shed TO address the House
N the subject, He perfectly sure, he added, that
he state Of his health would not enable him 10 proceed
is he wished.
MIR. Milton Brown spoke against the repeal of the
Bankrupt act.
Mr.. WELLER said line speech of the gentleman
rom Tennessee (ir. Bfown) was, By the rules Of the
House, in order; but by the practice Of the House ii
vas on, of order: for he had confined himself to the
question upon which they should be called upon TO vote,
ind it was but the second third speech which they
had had on the question.
lie then went on TO say that he was opposed to lie
enactment Of the present bankrupt law, because he
deemed i! 10 be violation Of the Constitution, which
ne had sworn to support. lie did not find in that in
trune 4. any power given to Congress 10 enact laws
GIVING I" individuals The power 10 violate contracts
lie held that Congress could exercise powers but
hose expressly delegated. Ii the power 10 pass gene
rel bankrupt law could be exercised without making the
aw retrospective, lie should have objection 10 vote
or such measure.
The present Bankrupt lay passed at the extra
1888 pfs s ae of eeveu
he next day the motion was reconsderef-the majo-
hy having determined, whan the wine flowed freely
lie night before, 10 change their determ nation. II
"as found necessary 10 the passage of another n-the
and distribution bill-that this Bankrupt measure
houd be carried through. The whole egisati on OF the
Extra session was accomplished by contract. Now
hat the lard bill had been practically repealed those
who voted for the Bankrupt Law, in order to secure It's
passage. calling for repeal Of that measure Ike
wise The cry for the repeal of the Bankrupt law was
La,, fhrSi nHa
,endence stand up on that floor aud that the pcpu
voice not in favor cf an early repeal. Indeed,
rad been pretty generally admitted by all who spoke
hat public sentiment against the law Let Congress
hen act in accordance with the wishes OF the people
The advocates Of the law seemed 10 concede ts I'M
popularity: yet they contended that the people were g-
no.an ard did not understand the principles of the law
lie had often observed how common practice it was,
with politicians OF certain stamp, TO pronounce puoic
opn on, when against them erroneous and il.iound
I'd These politicians contended that the policy OF
bankrupt bin before the people in 1910, and that
hey then decided in its favor He (Mr. W. denied
lie assertion. The people not called upon III
40 10 decide upon any such measure a. bankrupt
lw. That passed by the Wings at the extra scs
sion and wcGt forth 10 the people. With ample oPpor'
lrntcs 10 discover lis opo:a,ion-ntcT the law had
bee largely discussed the stump and ny the press
-Iirr verdict rendered agans. it, uuequlvoca!y
and decidedly. Why not carry out that Judgment
Because, argued gentlemen, the people are ignorant;
5ecanse they do not understand their own interests
and because, after years operation, they cannot
The character CT the law which has been en-
acted!
He then vert on 10 argue that properly dgessed
bankrup, law prospective lis character and nclud
me corporations within s provisions, would be bench
cal. lie admitted that tie repeal OF the present law
would he attended with some hariships; that the de.
cIaratlcn of men to be bankrupt, necessarily
brought others and that the continuance OF The law
might be productive Of advantages yet, belev.
ing the measure to be unconstitul'ona he was bouna
IN vote for lis repeal. IL paramount duty winch
he owed TO the Constitution lie had sworn 10 support,
the first opportunity TO wipe i from The statute
book. lie held tina. this should be adopted by
all who were convinced Of the unconstulonal'ty OF
the n:ca:ure, matter how we'll they might be con-
WINGED of It's advantages.
Iuasniuch as party politics had been dragged INTO
thus discussion, lie should follow the example OF his
"ustrious predecessors" lie was aware that the
present Executive had extraordinary difficulties TO en-
counter. fIe in the popular wave which swept
over SO mary States, aud defeated the Democratic
party II was not then to be expected that he would