Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
The House resolved itself into a Committee of the Whole, on the
resolution, offered by Mr. NEWTON, for repealing the Bankrupt law.
The resolution was advocated by Messrs. NEWTON, ELLIOT, SMILIE, HASTINGS,
STANFORD, and RANDOLPH; and opposed by Messrs. JACKSON, EARLY, SKINNER,
and EUSTIS.
The advocates of repeal observed that though the resolution had lain
on the table for a considerable time, purposely with a view to collect
public opinion, no remonstrance hostile to it had been received from any
part of the Union, and that this circumstance indicated the unfavorable
sentiment entertained of the bankrupt system; and that even among those
most materially interested in its provisions, a dead silence prevailed.
Some gentlemen were averse to the repeal, inasmuch as the law would
expire by its own limitation, in a few years; but the House should
recollect that in the mean time they were responsible for all its evils
and iniquities. If, too, it should be suffered to die a natural death,
the inevitable effect would be that those who are now struggling to avoid
bankruptcy will precipitate themselves into such a situation as to avail
themselves of its benefit.
With regard to the principle of the present bankrupt system, and probably
of any other bankrupt system that could be devised, it was unjust,
inasmuch as it favored one class of citizens, the merchants, at the
expense of all other classes; to advance the interest of the first it
sacrificed the interests of all the other members of the community. To
prove this, it was only necessary to illustrate it by the common case of
a merchant availing himself of the benefits of bankruptcy, and thereby
cancelling the demands of the mechanic or the farmer who might be his
creditor; and of the same individual mechanic or farmer, the debtors of
another merchant, remaining his debtor with their property subject at
any period of their life to his seizure. In the case of the insolvent
merchant his debts were totally discharged; whereas in the case of the
insolvent mechanic and farmer, they were of eternal obligation. The
preferable system was that established by the several States, which
existed before the bankrupt system, and which still existed, extending to
all insolvent debtors the same relief.
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