The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-01-18


be in progress, under and by virtue Of the act thereby
repealed.
MIR. BARNARD said that he now proposed 10
submit motion with regard to this bill as a report
from The Comritee on the Judiciary.
The SPEAKER remarked that the only motion
now m order was TO amend or commit.
MIR. BARNARD replied that the motion was 10
commit the bill, and il was read follows
Rssotoed That the bill TO repeal the Bankrupt law
reported by the Committee on the Judiciary, be re-
committed TO that Committee, with instructions 10
report amendments 10 said bill TO the following ei-
feet;
/. Combining the repeal TO that part Of the Bank
rupt law which authorizes proceedings in bankrupt
cy on the sole petition of the bankrupt.
3 Authorizing any bankrupt TO declare himself in
solvent and making such declaration an act OF bank
ruptcy upon which his creditors may proceed against
him in bankruptcy
). Authorizing the creditors, or a majority of
them IN amount, TO nominate the assignee of the
bankrupts estate.
4. Providing that the assent of a INA jority fin
amount Of the creditors shall be necessary TO dis
charge.
Mr.. BARNARD still claiming the floor
MIR. TURNEY asserted his own right to it ; but
The SPEAKER decided in favor OF the gentleman
from New York.
Mr.. TURNEY appealed from the decision of the
Char; but the appeal was not $ stained by the
House
Mr.. WISE inquired what would be the effect of
the previous question, if it should be seconded
The SPEAKER replied to bring the House to
direct vote on the engrossment Of the bill
MIR. WISE further asked, Would it strike out the
proyiso2
The SPEAKER SAID that it would not.
MIR. WISE then moved the previous question.
MIR. BARNARD rose to point of order. This
report was made by him from the Committee on
the Judiciary therefore, # the previous ques ion be
taken, II would be on the report of the committee
lie admitted that the previous question could be en-
tertaned in ordinary cases, bat certainly not in this
amy similar instance
The SPEAKER remarked that the motion to com
nit was always subject To the previous question.
Mr., BARNARD inquired whether the House
could, by the previous question, cut off the report of
a committee ,
She SPEAKER replied that majority could do
Mr.. WISE called for the reading Of the BILL and
II was again read. He then moved the previous
question, which was seconded-ayes 80, noes 80.
The SPEAKER So there is second
Mr.. BARNARD. Has the morning hour expr-
The SPEAKER 1t has.
Mr.. BARNARD Then | call for the orders of
the day.
The SPEAKER The regular order is the bill to
repeal the Bankrupt law
This bill was, some weeks ago, introduced by Mr..
EVERETT and the announcement, to day, was re-
ceved with every demonstration of JOY by those in
favor of repeal many of them, if not all little sus-
pectng that they were to be gratified with such
agreeable proclamation.
The SPEAKER called the House to order and,
when the tumult had mewhat subsidized,
Mr.. CUSHING said that il was his understanding
that the bill in relation TO the admeasurement of ton
mage was made the special order of to-day,
Mr.. WISE inquired whether the previous question
had not been seconded on the bill repo, ted by the
Committee on the Judiciary
The SPEAKER replied that il had
Mr.. WISE asked whether the question would
not come up Tomorrow morning.
The SPEAKER said that it would
Mr.. WISE. go! take your time, Miss Lucy
Long
After some conversation between the SPEAKER,
and Messrs KENNEDY, of Maryland, and CUSH-
ING as to the bill for the admeasuremen of ton
mage being the special order for the day
Mr. BARNARD moved the printing of an amend
ment, which he proposed TO offer substitute for
the Exchequ,r bill reported by MIR CusuSG during
the last session; and the motion agreed to.
Mr. MARSHALL of Kentucky being entitled to
the flo on Mr.. EyERErr's bill to repeal the Bank
rupt law (Which was now under consideration said
that he not W ling TO take the responsibility Of
delaying action on this subject and e inquired what
would be the effect of motion for he previous
questl IL IT should not be seconded would he be
deprived of his right TO speak
The SPEAKER informed the gentleman that he
might be ao~e 10 proceed by courtesy, but not as
matter of right.
Mr.. GRANGER said that the gentleman had al
ready spoken this subject
MIR MARSHALL said, emphatcally, that he had
not. And he moved the previous question.
Mr.. CUSHING begged leave to submit to the gen.
tleman not to call the previous question. Many gen.
tlemen had commented his (Mr. Cushing's)
speech and he claimed t floor right, that he
might reply TO them. lie would contoAd with the
! gentleman from Kentucky for the flor.
! Mr. MARSHALL said that no gentleman was
more anxious than himself TO discuss this question
but he not willing 10 take the responsibility Of
| delaying action on this bill.
The previous question was then seconded-ayes
! no. noes D.
! The vote was ordered TO be taken first on the
amendment of Mr.. Cushing, heretofore submitted,
and which was pending,) so that, instead of re-
! peal taking effect the 5th Of December 1872 the
| proviso shall read as follows:
THAT this act shall not affect any or proceed
| ing in bankruptcy commenced before the passage Of
this act; or any palms. penalties or forfe,ures incur
red under the sand act but every such proceeding
may be continued TO its final contamination, in like
manner as II this act had not been passed"
The question was decided in the affrmatyc-ycas
! las, nays g.
! The vote was then taken on the following, hereto
fore submitted by Mr. Barnard substitute for the
whole bill and II was rejected-yeas 70, nays 1876
! Be Il tnaeied, &c. That much of the act entitled
" An act to establish a uniform system of nkrupt-
| cy throughout the United States" approved The
18th day OF August, loilr as authorizes any person
owing debts to apply, by petition, for the benefit Of
said act together with oil the parts Of such hcl
are applicable solely to the mode of obtaining the
benefit Of the PROV ions Of such act in behalf Of
debtors by the voluntary Ietiton of such debtors
without the concurrence aid of the creditors, be
and the same IS hereby, repealed PrOrded, That thr
act shall not affect any or proceeding in bank
II ruptcy already commenced, or which shall be com
menced before the Attn day OF March next, or any
pains penalties, orfeitures prescribed in and incur
red, or which shall be incur cd, under said act.
All the pending amendments having been dispose,
of, the bill ordered to be rngrossed
The SPEAKER inquired, When shall the bill Law,
lts third reading
MANY voices, "Now :" "now !n "now go