Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-21

TIE SPEAKER was of opinion, he said, ,ha, son
disposition must be made Of the subject.
Mr. BARNARD. The bill has been read once, and
II lies over for a second reading.
; The SPEAKER said the Chair did not understand
how It could come up 10 morning. or on sub
sequent day The question certainly arose OH The Sc
cond reading, if objection made.
RI Mr. MOORE. l move it have its second reading
to morrow
= Some conversation followed
MIR BARNARD. The rule is express, that no bill
shall lie read twice, without special order of the
House do no! move its second reading and no per.
son IS entitled TO take the floor from TO move it's Sc
cond reading.
Some confusion-and cries Of "That won, dol
Mr. ATHERTON made the motion tina, tile bill be
read a second time.
Mr.. BARNARD. You have NOT The floor 10 maxi
that motion.
Mr. WELLER. He was recognized by the Chnir
AIter some conversation, in which Messrs BAR.
II NARD, ATHERTON, BRIGGS, ROOSEVELT,
ana the SrEAKER, participated
MIR. BARNARD said be would not object 10 ,hs
second reading,
And the bill was read, as follows:
A BILL to repeal the Bankrupt Law.
BE II eaaet.dby the Senate and H. IF REPRESENTATIVES
o. tie L. S. Of 7meriea Congress assembled That the
act entitled IAN act TO establish uniform system of
bankruptcy throughout the U. s." approved on the
18th day of August, ls4 be, and the same hereby
repealed
Prosded, hoperer, That this repeal shall moi extend
to or affect any which, at the time this act goes
INTO effect shall be pending before any court nor TO
any proceeding which at said time shall have been
legally commenced, and which shall be then in progress
under and by virtue Of the said act hereby repealed
\ Mr.. BARNARD said he now proposed TO submit q
motion from the Committee the Judiciary which he
/ had already sent 10 the Chair.
The SPEAKER. No proposition is in order except
| a motion TO amend or TO commit
/ MIR. BARNARD Tint is the motion make
And the proposition Of Mr. 3. then read os fol-
| lows:
THAT the bill be recommit,ed to The Committee on
The Judiciary with instructions 10 rcpor, amendments
to lie following effect:
lst Combining the repeal 10 that part Of the bankrupt
law which authorizes proceedings in bankruptcy on Tie
sole petition and motion Of the bankrupt.
I'd Authorizing any bankrupt to declare himself inso
vent and making such declaration act bankruptcy
upon which his creditors may proceed against him in
bankruptcy.
3D. Authorizing the creditors or a minority Of them
IN amount, 10 nominate the assignee of bankrupt's
estate.
4th. Providing that the assent of majority in
charge
discussion followed point of order between
MIR. TURNEY and the SPEAKER, and Mr.. Turney
appealed from decision Of the Char-but what il wss
about the Reporter could hear nothing, (such the
noise and confusion in the flall)
The appeal was debated by hiessrs. TURNEY, BAR.
NARD. CAVE JOHNSON, HOPKINS, CLIFFORD
and BRIGGS.
When Mr.. WISE rose and said he had not yet been
able to understand what the point was.
The SPEAKER Cunning 10 Mr.. w., which rem.
dered the decision audible, for the first time to the Re-
porter on the right Of the Chair stated The point
| follows
The gentleman from New York, (Mr. Barnard in
obedience TO the order Of the House. had reported
bill TO repeal the bankrupt law. The bill had been
read a first and second time The gentleman from
Tennessee Mr. Turney) and the gentleman from New
York hlr Barnard) had then coniended for the floor.
ha Ham IT,,
did not conrovert the stutemenO that before any
ton was made by the gentleman from N. York. while
he was waiting for the second reading Of the bill, hs
(Mr. TurScy) had addressed the Chair The Speaker,
however, had given the floor to the reporter Of the BILL
in accordance with that uniform courtesy and usage Of
the House which prescribed that the reporter of bill
should first be entitled 10 the foor that he might make
motion in relation TO the disposition Of it.
From this decision, the gentleman from Tennessee
(Mr. Turney) had appealed And the question was,
"Shn the decision OF the Chair STAND as the judgment
| Of The House,"
The question being taken, the decision Of the Speak
IA message in writing received from the Presi-
dent of the u S. by the hands of Robert Tyler, Esq,
his private Secretary
Mr. WISE addressing the Speuker) inquired what
would be the effect Of the previous question:
/ The SPEAKER. 1t would bring the House 10
direct vote on the engrossment Of the bill.
Mr.. WlSDeAln the engrossmcnt Of the bill p
Would i strike QUIT the proviso'
The SPEAKER. No.
MIR. WISE. Then move the previous question
Mr.. BARNARD rose to a point of order, which he
proceeded to state
MIR. WISE interposed, remarking that he could no,
hear word that said.
When order restored
| Mr.. BARNARD submitted that if this motion for
the commitment Of The bill had been made in the ordi
binary way he was that motion for the previous
question, if it pre- vailed would CIT off the motion TO
commit, and that the House would be brought 10 d.
rect vote on The main proposon-that was to say, on
Tue bill itself.
Bnt the Speaker would bear in mind that this motion
10 commit was made not by him (Mr. b. IN indiv-
dual member but The organ Of the Committee the
Judiciary and in The form and shape of report from
that Committee. And Mr.. Is. submitted that, in that
shape, the rule did not apply; and that, if the previous
question was seconded the question must first be taken
on the motion made from the Committee on the Judi
ciary.
The SPEAKER said il was the well settled practice
OF the House that motion TO commit with without
instructions, eff under the ordinary operation Of
the previous gu ,stisn.
Mr.. BARNARD. Can this House cut off the report
ola committee by the previous question:
The SPEAKER said such the decision Of the
Chair; but majority of the House could net as its
judgment nj ght dictate.
The bill, as reported under the order of the House.
having, The call of MIR. Wise, been again read
The question seconding the demand for the prev-
ons question was taken by ellers, and the vote stood
Ayes 81, noes g.
So there ,cas second.
Al this nt the morning hour having expired,
MIR. GlDOlNGS and Mr.. BARNARD simultaneously
demanded The orders Of the day.
The SPEAKER announced thu: the regular order Of
business the bill heretofore introduced by the gen.
,lemnn from Vt (Mr Evere,) to repeal the Bankrupt
lnw, [laughter] and that the gentleman from KY (Mr.
Ma1shrlD entitled 10 the floor.
hD%EAsGREMENT OF TONNAGE
But Mr. KENNEDY, Of Nd rose and called up the
bill relation 10 the nj of tonnage Of ves-
sells, which (hc submtte) had been made the special
| order for this day.
/ Some conversation followed, in which Mes:rs. KEN
! NEDY, CUSHING, AYCRiGG, and the SPEAK
Err participated, The fact whether the bill had
bcen made the special order (gvingt precedence
other busncss) though the postponement to this day
conceded.
The Jousna! showed simply the posponement, aud
no, The spf cal order.
The SPEAKER finally repeated tae annunciatiOn Of
| the unfinished business
| THE EXCHEQUER.
| Mr.. BARNARD, on leave given presented with a