The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-03-06

t0e State COnStitutlOD rs 10 neDLS cXlStln6
prior to July 6. 1863; and that, however
plain the intention Of Congress might be 10
grant the homestead as against such debts,
its language used in the anendatory bank
rupt act Of March 8, 1872, was not suffi-
cient, under the decision OF the Virginia
court of appeals, to accomplish that per-
pose.
Thus it came to pass that many citizens
of southwest Virginia and other parts Of
the state, who had gone into bankruptcy
on the faith of my published opinion, found
that they were deprived of the principal
exemption in expectation of which they
had surrendered their property.
Thus, also, it came to pass, most sadly,
that those citizens Of Virginia who owed old
debts contracted during or prior to the war,
whose property had been swept from them
by the civil revolution, and whose claims
to relief were infinitely more sacred than
those of citizens who had contracted re-.
cent debts, were denied relief; and relief
was given only to those who had compare
lively no equity on their side. say the
monstrous result was reached that the de.
serving class of debtors were denied relief,
and the non-deserying afforded it in lavish
excess.
therefore felt personally bound in honor
and in good faith to those men who had
gone into bankruptcy on the declarations
of my letter to you of the 26th of July
last to obtain from Congress declaratory
law setting forth and declaring the inten-
ton OF its act of June s, 1872, to have
been 10 giue the homestead in favor of debt
ors ruined BY the war.
1t is 10 part of my duty to defend the
bankrupt act of June 8, 1872. As con-
strued by the courts, this act was little less
than monstrous. | never saw much merit
in It except so far as it was designed to
afford relief to debtors ruined by the war
a relief which could come from no other
source under heaven. When this benign
effect of it was defeated by the judicial de-
clsions, saw no special merit IN it unless
its original and chief design could be eff.c-
tuated by declaratory act applying Its
exemptions in favor of those cit zens whose
debts were contracted previously to July,
1869.
In fact, l felt that the only way of res
cuing the act of June s, 1872, from utter
execration was to convert it into a meas
ure of relief to the distressed condition of
that large and meritorious class of our
people whose endorsements resulted
from the great public cause, and not from
their own improvidence.
1t was in this spirit that, when in WASH
ington lately, exerted myself to procure
the passage Of such law as the exigency
which | have stated required.
The Republican members of Congress
from Virginia, and some Of the Conserva-
tive members, warmly sympathized with
me in my desire to procure the passage Of
proper declaratory law. The honorable
Judge Critcher especially devoted himself
to tue advancement of this object. found
that none of the proposed amendments
which were before Congress were of any
worth. Without exception they merely
intimated what was wanted, without using
the bold and plain language necessary to
its accomplishment. In company with
amendatory bills, and we both concluded
that they we're worthless.
At his request. therefore, l drafted at
his desk in the House of Representatives
the following bill:
IAN ACT TO DECLARE THE TRUE IN
TENT AND MEANING OF THE ACT
APPROVED JUNE 8, 1872, AMENDA-
TORY OF THE GENERAL BANKRUPT
LAW.
" Be it enacted by the Senate and House
of Representatives of the United States OF
America in Congress assembled, That it
was the true intent and meaning of an act
approved June 8, 1872. entitled An act
to amend an act entitled an act to establish
a uniform system of bankruptcy through
out the United States. approved March 2,
1867 that the exemptions allowed the
bankrupt by the said amendatory act
should, and it is hereby enacted that they
shall, be the amount allowed by the con-
sttution and laws Of each state. respec-
lively, as existing in the year 1871 ; and
that such exemptions be valid against debts
contracted before the passage of such state
constitution and laws, as well as those con-
tracted after the same, and against liens by
judgment or decree OF any state court, any
decision of any such court rendered since
the adoption and passage of such constitu.
tons to the contrary Notwithstanding.
approved Sd March, 1872
This bill was moved by Judge Critch.
er, and under his patronage was unani.
mously approved by the Judiciary commit.
tee of the House of Representatives, and
reported to the House by the chairman o.
that committee.
When put upon its passage member
from Wisconsin moved as a substitute a
bill repeating the general bankrupt act and
all its amendments, and the substitute
passed under mistake of many members
who supposed they were voting for judge
Critcher's bill.
On another day the bill was re-offerec
by Mr.. Platt, OF Virginia, and under hi
efficient auspices passed by the House.
1t lay in the Senate three weeks. Final
ly, we induced Mr.. Pool, a member of tn
Senate judiciary committee, to have it re
ported by that committee which was dom
unanimously. By the time it came up 70
passage in the Senate, poll of the Repub
lIcan senator's had disclosed that nearly al
of them were favorably disposed to tn
bill and Judge Critcher reported that
similar polling by himself on the Demo
cratic side of the Senate had been alike sat
istactory. 1t only remained, therefore, 70
Senator Pool, by his address, to get tn
bill up for action; which he succeeded i
do NJ on the 18th of February, and then
largly aided by the efficient advocacy {
Senator Thurman, of Ohio, the bill easil
passed.
Thus, you see, this was not party met
| sure in any sense-worthy Republicans an
worthy Democrats veing with each otht
in the zeal and efficiency of their friendl
comnetition for its advancement