The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1843-03-09
REPEAL OF TIE BANKRUPT LAW.

REPEAL OF TIE BANKRUPT LAW.
In the Senate. on the 25ih ult. the Bill
to repeal the Bankrupt Act was passed
ayes -, nays - The following is the
proceedings 10 the Senate on its passage :
The bill to repeal the Bankrupt Law
came up AT one o'clock the question be.
ing upon the following amendment intro
duccd last cycnin. by Mr. Walker, ,iz !:
And b. II fuTfber enacted, That, when any
private Incorporated banking company shall fail,
upon preseninlent 10 said bsuk Of any Of its notes
checks, or bills, 70 nav and redeem the Same in
spscis, sad failure shall 30 regarded US an act of
bankruptcy, and the holder OF SAID note, check
OF bill, neglected to DO paid as aforesaid, may,
upon affidavit OF the facts sworn 10 by said lndi.
vldusls and al least two dIsintercsted witnesses,
proceed against said company bankrupls, as in
other eases specified N this act and the same
proceedings sha,l be had as ~ other cases except
that no certificate Of discharge shall be deemed
necessary proper TO DO gwen to any s,ockhold.
CT Of SAID compsny, except in cases where such
stockholders may be personally responsible for
tho debts Of sdch company; aud, in such case,
SAID stockholders shall be discharge, upon the
same terms and restrictions in the other cases
Of hnal discharge authorized BY this act
Mr.. CRITTENDEN entreated Scna.
tors to act upon this bill at once, if they
mean, 10 attend to the business upon the
calendar.
Mr., SMITH, OF Connectlcai, addressed
the Senate briefly IN opposition to the
Bankrupt Law
Mr.. CHOATE followed 10 behalf OF the
law ea:.csnng the Senate not TO repeal
II; pointing out what, IN his view, would
be the consequences Of repeal, expressing
the hope that the bill would be amended,
aud willingness to vote to include corpo.
rajlons when their Insolvency was proved
by a commission instituted for the purpose
Mf. SMITH, Of Conn, again addressed
'thc Senate upon the merits OF the law, and
IN reply to Mr.. Chose and Mr.. Berrlen,
arguing 10 prove that the law now IN
force was unconstitutional.
Mr.. ALLEN was opposed to the corpo.
ration Of any amendment, fearing the Of.
feet would be to lose the bill for repeal Of
the law.
Mr.. WALKER called for tho yeas and
nnys upon his amendment, which he modl-
fed SO as to except all banks in which the
States had proprietorshIp.
The yeas and nays were called, md the
amendment vas rcjcc,od by the following
vote:
YEAS-Mcssrs. Allen, Bagby Bates, Bon.
ton. Buchanan, Chonte, Crafts, Evans hing
Linn, McRobcrts, Sturgeon, Tallmldge' Tap
pan. Walker, Williams, Woodbury. Wnght-lo'
NAYS-Mossrs Archer, Barrow, Calhoun
Conrad Clayton, Crticndon, Cu'hbort, DAYTON
Fulton, Graham Henderson, Huntington, kerr'
I McpulHa. Maugum Mcrich, Miller, Phelps
Rives, Smith Of Ind, Sprasue, "h'ie' wilcox
f-9i
The Senate then voted upon the amend
men, OF the judiciary Committee, and, al
Ter debate, we're rejected, as follows
YEAS. Messrs Barrow. Bates, Bcrrcn,
4 chn,te CLAYTON, Crafts, Dayton, Evans, Hen
derson, Kerr, Miller, Phelps, Porter Tallmadge
White Woodbridge
NAYS-Mossrs Allen, Archer, Bagby, ben
ton Buehanan, Calhoun, Crlttenden, Cnthner''
Fulton, Graham, Huntington hing, LINN, No'
Du,Io, McRobcrts, Mangnm, Morchead, iaVcs'
saver, smith, of Conn, smith, OF Ia SPTsgne'
Sturgeon, Tappan, Walker Wilcox Williams
Woodbury., Wright, Young 81
Mr.. BENTON moved to amend the bull
from the House (Which was now IN oroer
before the Senn,e) by striking out the pro-
.yiso which declared that the repeal oil the
law should not affect any pending cases
This amendment gave rise to DEBATE,
!, which Mcssrs. Benton, Buchanan, and
smith, of Connecticut, participated ana
it was lost. loon,
Mr.. BERRIEN moved an amendment
that creditors shall he allowed the privilege,
of selecting assigneos; and 1t was reJec"o
yeas Ia, nays 35, as follows;
yEaS-Messrs. Barrow, Bates, BerTlen, ,.ay
ian Conrad, Dayton, Exams Kerr, MeTFieS' M,
isr Phelps, Porter, Tallmadge and Woodbury.
NAys-NIessrs. Allcn, Archer, Bagoy, bsy
ard. Benton, Buchanan Calhoun choa'e; Sfa,ss
Cri,tendon, Cuthbcrt, Fulton, Grabom' hen0s'