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The Bankrupt Bill.


as the election could not be affected by the votes Mr. KNIGHT said, it had been stated by the honof any one State, no difficulty could arise; and that orable mover of the bill, (Mr. Van Dyke,) that it it was his intention hereafter to bring the subject is intended particularly for those who are subject up, to remedy what he considered a casus omissus to risks and losses, in their lawful business; for in the Constitution, either by an act of Congress, those who intrust their property out of their conif that should appear sufficient, or, if not, by pro-trol and on the ocean. In this provision, I perfectly posing an amendment to the Constitution itself. agree with the honorable gentleman, said Mr. K.

The second resolution was then also agreed to; And, as the bill does not provide for every class of and the Senate adjourned.

our citizens, who are subject to great risks and losses in their business, I now move, sir, to amend

the bill, by inserting in the line of the first WEDNESDAY, February 14.

section, after the word merchant, the word manuThe Senate proceeded to the appointment of a facturer. The bill will then read, that, if any Teller on their part, in pursuance of the report of merchant, manufacturer, or other persons. the joint committee appointed to consider and re- In order to show that manufacturers are entitled port a mode of examining the votes for President to the benefit of the provisions of this bill, permit and Vice President of the United States; and Mr. me to state a few facts. It is well known to genBARBOUR was appointed.

tlemen living in the Eastern section of the United Mr. Knight presented the petition of Lemuel States, that the freshets occasioned by the breakWhite, of Rhode Island, praying a pension; which ing up of one of our Northern Winters, often do was read, and referred to the Committee on Pen- great damage to the mills, mill-dams, and other sions.

property belonging to manufacturing establishMr. Johnson, of Louisiana, presented the me- ments

. I have known, sir, many persons nearly morial of François Dufossat, son of Guy Dufossat, ruined by these disasters, their labor, toil, and savrepresenting that certain forts have been erected ings for many years, entirely swept away by one and established on his land in Orleans county, in of those freshets. said State, and praying that other lands may be But, sir, water is not the only element to which granted to him of equal value in lieu thereof; and they are exposed; fire, too, hath made its ravages. the memorial was read, and referred to the Secre- I believe, sir, a larger proportion of this kind of tary of War.

property has been destroyed by fire within the last Mr. SANFORD, from the Committee on Finance, fifteen years than of any other species within the in pursuance of instructions of the 12th instant, United States. In fact, so frequent has been the reported a bill for the relief of William Whitehead, destruction of manufacturing establishments by Joshua Aubin, and James Graham; and the bill fire, that no prudent person will insure against it. was read, and passed to the second reading, The offices to the East totally reject all applica

Mr. Van Dyke, from the Committee on Public tions for insurance on cotton mills. They would Lands, to whom was referred the petition of P. P. not be taken even at what would be called by the Saint Guirons and others, French emigrants, en- merchant a war risk-a premium that no regular gaged in the cultivation of the vine and olive, business can give in this or any other country. If made a report, accompanied by a resolution, that this amendment is adopted, it will not only include the prayer of the petitioners ought not to be granted. cotton manufacturers, but the manufacturer of The report and resolution were read.

hats, woollen, hemp, powder, &c. I would ask, Mr. Roberts, from the Committee on the Pub- sir, who among us would insure on a powder mill ? lic Buildings, lo whom was referred the bill, en- I presume, nobody, at any premium that could be titled "An act making appropriations for the pub- afforded by the proprietor, unless it was a person lic buildings,” reported it with amendments; which willing to be blown up. Then, sir, the manufacwere read.

turer is compelled to risk and endure all losses Mr. Johnson, of Kentucky, laid on the table the that may happen; and, if so unfortunate as to lose copy of a letter from him to the President of the his property by fire or other casualty, he is doomed Bank of the United States, and the answer there to everlasting misery while on earth ; while the to; which were read, and laid on file.

merchant, who can be insured, and thereby divide The bill to extend the term of Samuel Parker's his loss among the community, you exonerate from patents, for his improvement in currying and finish- responsibility; you set him free to seek new foring leather of all kinds, was read the second time. tunes, and to provide for himself and family the

The Senate proceeded to consider the report of means of a comfortable subsistence-
the Committee on the Judiciary on the petition of [Here it was observed by Mr. Van Dyke, that
William Pancoast; and it was laid on the table. the manufacturer, who gets his living by buying

and selling, was embraced in the bill.]

It is now suggested by the honorable mover of The Senate took up and considered the bill to the bill, that manufacturers are embraced in the establish an uniform system of bankruptcy through-operations of the bill. Be it so. But, if they are out the United States, as amended.

embraced in the bill by implication, why object to A motion was made by Mr. KNIGHT, of Rbode the amendment? Why not have it clearly exIsland, to include manufacturers in the operation pressed? I admit there is no music in the word, of the system. On which, Mr K. made the fol- yet it will not destroy the harmony of the bill lowing remarks :

if it should be inserted. Besides, sir, I have been


Electoral Votes for President.


Number of votes to which each State

is entitled.


James Monroe, of Virginia.

John Quincy Adams, of Mass.

Daniel D. Tompkins, of N. Y.
Richard Stockton, of N. Jersey.
Robert G. Harper, of Maryland.
Richard Rush, of Pennsylvania.
Daniel Rodney, of Delaware.



taught to believe that statutes are to be construed House of Representatives in order to conclude the strictly, that little is to be taken by implication ; counting of the votes for President and Vice Preand unless manufacturers are particularly men-sident of the United States, according to the last tioned, as such, they cannot participate in the of the joint resolutions adopted for that purpose. benefits, nor be subject to the operations of the Whereupon, the two Houses having again aslaw. Can it be said, sir, that the manufacturer, sembled in the Representatives' Chamber, the cerwho merely purchases the raw material, manufac- tificate of the Electors of the State of Missouri tures it into cloth or other commodity, sends it to was, by the President of the Senate, delivered to his factor or agent to sell, is a trader within the the tellers, who read the same, and who, having meaning of the bill? He does not make a living examined' and ascertained, the whole number of by buying and selling, and in my mind does not votes, presented a list thereof to the President of come within the purview of the law. I hope, sir, the Senate, by whom it was read, as follows: the ainendment will prevail.

Mr. Mills, of Massachusetts, replied, that he believed the object of the gentleman was now at

President. Vice President. tained; that the manufacturer did carry on trade in such a manner as to be clearly within the meaning of the bill. And to insert manufacturer, was too broad a term; that not only the persons designed by the gentleman would be embraced, but shoemakers, carpenters, and all mechanics, would come in under that provision.

Mr. Van Dyke repeated, that the manufacturer who gets his living by buying and selling, was now embraced in the bill.

The question being taken on Mr. Knight's motion, it was lost; but ten rising in its favor. The bill was laid on the table.

A message from the House of Representatives New Hampshire 7
informed the Senate that the House of Represent- 15 Massachusetts
atives have rejected the resolution of the Senate Rhode Island
declaring the admission of the State of Missouri 9 | Connecticut
into the Union. The House of Representatives

8 Vermont
New York

29 concur in the report of the joint committee ap


New Jersey pointed to make arrangements upon the subject

24 25 Pennsylvania

24 of counting the votes for President and VICE

Delaware PRESIDENT of the UNITED STATES, and have ap



10 pointed tellers on their part, and are now ready

25 Virginia


25 to receive the Senate to perform that ceremony.

15 North Carolina 15

15 Whereupon, the two House of Congress, agreea- 11 South Carolina

11 bly to the joint resolution, assembled in the Re

8'| Georgia presentatives' Chamber, and the certificates of the

12 Kentucky


12 Electors of the several States, beginning with the 8 Tennessee State of New Hampshire, were, by the President Ohio

8 of the Senate, opened and delivered to tellers ap- 3 | Louisiana pointed for the purpose, by whom they were read, 3 Indiana except the State of Missouri; and, when the cer- 3 | Mississippi tificate of the Electors of that State was opened,

3 Illinois an objection was made by Mr. LIVERMORE, a


9 member of the House of Representatives from the

3 Missouri


3 State of New Hampshire, to counting said votes. Whereupon on motion, by Mr. Williams, of

215 8 1/14 Tennessee, the Senate returned to their own Chamber.

A message from the House of Representatives The whole number of the Electors appointed informed the Senate that the House of Represent- being 235, including those of Missouri, of which atives is now ready to receive the Senate in the 118 make a majority; or, excluding the Electors Chamber of the House of Representatives for the of Missouri, the whole number would be 232, of purpose of continuing the enumeration of the votes which 117 make a majority; but, in either event, of the Electors for President and Vice President, JAMES MONROE, of Virginia, is elected PRESIDENT, according to the joint resolutions agreed upon be- and Daniel D. TOMPKins, of New York, is electtween the two Houses.

ed Vice PRESIDENT of the United States. On motion, by Mr. BARBOUR, it was

Whereupon, Resolted, That the Senate proceed to meet the The President of the Senate declared JAMES










7 8 3 3 2


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The Bankrupt Bill.

FEBRUARY, 1821. Monroe, of Virginia, duly elected President of the original order for building the barracks at Sackett's United States, commencing with the fourth day Harbor, together with all the communications between of March next; and Daniel D. TOMPKINS Vice the War Department and Major General Brown rela. President of the United States, commencing with tive thereto, and the amount of public moneys exthe fourth day of March next.

pended thereon. The votes of the Electors were then delivered to The bill for the relief of William Whitehead, the Secretary of the Senate; the two Houses sep- Joshua Aubin, and James Graham, was read the arated, and the Senate returned to their own second time. Chamber, and then adjourned.

The Senate proceeded to consider the report of the Committee on Public Lands on the petition of

P. P. St. Guirons and others; and, in concurrence THURSDAY, February 15.

therewith, resolved that the prayer of the petiThe following Message was received from the tioners ought not to be granted. PRESIDENT OF THE UNITED STATES:

BANKRUPT BILL. To the Senate of the United States :

I transmit to Congress a report from the Director of The Senate resumed the consideration of the the Mint, enclosing a statement of the Treasurer, sub- bill to establish an uniform system of bankruptcy. mitting the operations of the Mint for the last year.

Mr. CHANDLER moved to amend the bill by inJAMES MONROE.

serting in the first section the following additional WASHINGTON, February 14, 1821.

proviso: The Message and report were read.

And provided, also, That no discharge which may Mr. SANFORD presented the petition of Char- be given to a bankrupt, under this act, shall operate so lotte Read, widow of Thomas M. Read, deceased, as to discharge the bankrupt from debts which may be late a Captain in the Army, praying to be allowed due to any persons, except those debts which may be a pension, in consideration of the military services due to merchants, bankers, brokers, factors, underof her late husband; and the petition was read, writers, or marine insurers. and referred to the Committee on Pensions.

This proposition gave rise to some debate, in Mr. SANFORD, from the Committee on Finance, which the amendment was supported by Messrs. to whom was referred the bill, entitled "An act LLOYD, CHANDLER, Trimble, and Roberts, and making appropriations for the support of Govern- was opposed by Messrs. Van Dyke, Otis, Mills, ment for the year 1821," reported it with an amend- and King, of Alabama. ment; which was read.

The discussion resulted in the rejection of the Mr. Roberts gave notice that, to-morrow, he amendment by the following vote: should ask leave to bring in a resolution declaring the admission of the State of Missouri into the of Maine, Johnson of Kentucky, Lloyd, Macon, Mor

YEAS-Messrs. Barbour, Chandler, Eaton, Holmes Union.

ril, Noble, Pleasants, Roberts, Smith, Talbot, Trimble, Mr. Horsey gave notice that, to-morrow, he Walker of Alabama, Walker of Georgia, and Williams should ask leave to bring in a bill' concerning di- of Tennessee-17. vorces and alimony in the District of Columbia. NAIS-Messrs. Dana, Dickerson, Edwards, Elliott,

On motion, by Mr. Noble, the Committee on Horsey, Hunter, Johnson of Louisiana, King of AlaPensions were discharged from the consideration bama, King of New York, Lanman, Lowrie, Mills, of the petitions of John B. Chatard, David Mal- Otis, Palmer, Parrott, Sanford, Stokes, Taylor, Thomas, lory, William Sizer, and William Plumbe; and Tichenor, Van Dyke, and Williams of Mississippi_22. John B. Chatard and William Plumbe had leave, Mr. Holmes, of Maine, moved to strike out the respectively, to withdraw their petitions and pa- 21st section of the bill, which provides that the pers.

commissioners shall, on probable cause shown, On motion, by Mr. BARBOUR, the Committee have authority to issue their warrant to any person on Foreign Relations were discharged from the or officer, authorizing him to break open, in the consideration of the memorials of the Chamber of day time, the houses, chambers, shops, trunks, &c., Commerce of the city of New York, and the mer- of the bankrupt, where any of his goods, or estate, chants and underwriters of the city of Baltimore; deeds, writings, books, &c., may be, and take posand they were respectively referred to the Secre- session thereof. tary of the Navy.

This motion was decided also in the negative, On motion, by Mr. TRIMBLE, the Senate took by yeas and nays-yeas 14, nays 27, as follows: up and considered the report of the Committee on

Yeas-Messrs. Chandler, Eaton, Holmes of Maine, Pensions on the petition of Dean Weymouth; and Johnson of Kentucky, Lloyd, Macon, Morril, Pleasthe resolution accompanying the same was amend- ants, Roberts, Smith, Stokes, Talbot, Walker of ed, and agreed to as follows:

Georgia, and Williams of Tennessee. Resolved, That the prayer of the petitioner ought Nays-Messrs. Barbour, Dana, Dickerson, Edto be granted, and that the committee be instructed wards, Elliott, Gaillard, Horsey, Hunter, Johnson of to report a bill allowing him a pension at the rate Louisiana, King of Alabama, King of New York, of twelve dollars and fifty cents per month. Knight, Lanman, Lowrie, Mills, Noble, Otis, Palmer,

Mr. Smith submitted the following motion for Parrott, Sanford, Taylor, Thomas, Tichenor, Trimconsideration :

ble, Van Dyke, Walker of Alabama, and Williams of Resolved, that the President of the United States Mississippi. be requested to cause to be laid before the Senate the On motion of Mr. Holmes, of Maine, the sixty


Bank of the United States.


third section of the bill was so amended as to pro- Nars-Messrs. Barbour, Chandler, Eaton, Holmes vide that the facts of any case shall be tried by a of Maine, Johnson of Kentucky, King of Alabama, jury, at the election of either party, instead of at Lloyd, Lowrie, Macon, Morril, Palmer, Pleasants, the discretion of the court or judge.

Roberts, Talbot, Trimble, Walker of Alabama, Wal. Mr. LOWRIE then, with the view, as he re- ker of Georgia, and Williams of Tennessee-18. marked, of making the system entirely prospective in its operations, and not touch existing debts

FRIDAY, February 16. at all, moved to add a provision to the sixty-first section, declaring that the act should “release no The PRESIDENT communicated a letter from person who may hereafter be declared a bankrupt the Secretary of War, transmitting, in compliance from any debt existing at the passage of this act.” with a resolution of the Senate, of the 15th of

On this proposition a long debate ensued ; in May, last, statements exhibiting the number of which Mr. LOWRIE and Mr. ŘOBERTS maintained militia from each State, that were called into the the amendment, on the ground of its expediency, public service by orders of the President of the without reference to the Constitutional question; United States ; the number furnished by each and Mr. EDWARDS spoke briefly on the proper con- State; the number recognised by the United struction of the bill as it now stood. Mr. HOLMES, States from each State, and the period of their of Maine, and Mr. WALKER, of Alabama, argued service; the amount of fines imposed for neglect that a discharge of debts existing at the passage of duty, distinguishing

the number of persons on of the act would be unconstitutional; which opin- whom fines have been imposed, the sums collected, ion was answered and opposed by Messrs. Mills, and the sums paid into the Treasury; and the exOtis, and Van Dyke.

penses of courts martial in the several States; and Mr. Walker, of Georgia, though opposed to the letter and statements were read. the bill altogether, was opposed to the amendment, Mr. PINKNEY presented the petition of Nathanand advocated an entire discharge of the debtor, iel W. and C. H. Appleton, merchants, and late if the system passed at all.

copartners in Baltimore, praying for the restitution The question being taken on the amendment, it of certain moneys illegally exacted from them for was negatived by the following vote:

duties on goods imported into Castine, whilst in Yaas-Messrs. Barbour, Chandler, Eaton, Holmes possession of the British, and the petition was of Maine, King of Alabama, Lloyd, Lowrie, Macon, read, and referred to the Committee on Finance. Morril, Pleasants, Roberts, Talbot, Trimble, and Wal. Mr. Horsey obtained leave to bring in a bill ker of Alabama-14.

concerning divorces and alimony in the DisNars—Messrs. Dana, Dickerson, Edwards, Elliott, trict of Columbia ; and the bill was twice read by Gaillard, Horsey, Hunter, Johnson of Kentucky, unanimous consent, and referred to the CommitJohnson of Louisiana, King of New York, Knight, tee on the District of Columbia. Lanman, Mills, Noble, Otis, Palmer, Parrott, Sanford, Mr. H. laid on the table a communication from Stokes, Taylor, Thomas, Tichenor, Van Dyke, Wal- the vaccine agent in Baltimore, exhibiting the ker of Georgia, Williams of Mississippi, and Williams present state of the vaccine institution. of Tennessee-26.

The Senate proceeded to consider the motion Mr. Talbot moved to strike out of the bill that of yesterday, requesting the President of the Uniclause of the sixty-third section, which gives to ted States to lay before the Senate the original the circuit courts of the United States jurisdiction order for building the barracks at Sackett's Harof all cases in law or equity arising under the act. bor, and other documents connected therewith;

This motion was assented to by the friends of and agreed thereto. the bill, and was agreed to.

Samuel L. SOUTHARD, appointed a Senator by Mr. Talbot next moved to reduce the term to the Legislature of the State of New Jersey, to supwhich the duration of the bill is limited, from five ply the vacancy occasioned by the resignation of years (the time with which the blank' had been James J. Wilson, produced his credentials, was filled) to two years.

qualified, and took his seat in the Senate. Mr. Otis proposed to split the difference with The Senate, according to the order of the day, the gentleman, and make it four years.

took up the bill from the other House, to reduce Mr. Talbot agreed to change his proposition the Military Peace Establishment; when, to three years, and in that shape it was adopted. On motion by Mr. Smith, who wished to offer

After one or two unsuccessful attempts by Mr. some remarks on the subject, for which he was not ROBERTS to amend certain features of the bill, to prepared to-day, the bill was postponed to and which he objected; and no other amendment be- made the order of the day for Monday next. ing offered

The question was then taken on ordering the BANK OF THE UNITED STATES. bill to be engrossed, as amended, and read a third The Senate then resumed the consideration of time, and it was decided in the affirmative by yeas the bill to amend the charter of the Bank of the and nays, as follows:

United States, the question pending being on the YEAS—Messrs. Dana, Dickerson, Edwards, Elliott, amendments offered by Mr. ROBERTS; first to make Gaillard, Horsey, Hunter, Johnson of Louisiana, King the notes of the bank and its branches receivable of New York, Knight, Lanman, Mills, Otis, Parrott, by the United States only in the States where they Stokes, Thomas

, Tichenor, Van Dyke, and Williams are made payable, except notes of the amount of of Mississippi-19.

five dollars, which shall be receivable at the bank


Admission of Missouri.



the purpose

or any of its branches. Secondly, that it shall not lution to send to the other House as an original be lawful for the bank to establish more than one proposition, he thought it highly probable it would branch in any State without the consent of the prevail there. With the best intentions, that Legislature of such State, &c.

lution had been sent there; it had been rejected; Much discussion took place of these propositions, and the Senate was as yet ignorant of the form and the others embraced in the amendments, in of admission which would be acceptable to that the course of which,

body. He hoped the Senate would keep back, a Mr. Ruggles moved so to amend the amend- little longer at deast, any new proposition; and ment as to make the consent of the Legislature of therefore moved that the motion to grant the leave a State necessary to the establishment of any asked for, be postponed until Monday next. branch of the bank in such State.

Mr. ROBERTS was of opinion that the Senate This motion was negatived without a division, might, without the slightest departure from proand, soon after the bill was laid on the table for priety or dignity, receive the resolution; and then

of acting on the message which was he should have no objection to laying it on the received from the other House.

table for some days; it would then be before the

Senate, and gentlemen could give it due reflecMISSOURI.

tion. Mr. R. said he offered this resolution from Mr. Roberts asked and obtained leave to bring a strong and serious conviction of duty; and, as in a resolution declaring the admission of the State the session was near its end, he trusted that the of Missouri into the Union.

Senate would not allow any punctilio to interfere The resolution is as follows:

with an object so important. He was one who Resolved by the Senate and House of Representa- had been unable to vote for the former resolution tives of the United States of America, in Congress which passed the Senate;

that having failed in assembled, That the State of Missouri shall be, and is the other branch, he now offered such a one as he hereby declared, one of the United States of America, could support. He earnestly desired the admission and is admitted into the Union on an equal footing of the State into the Union ; it was an object all with the original States in all respects whatever: Pro- important to the nation and to its public councils, vided, That the following be taken as fundamental and he hoped the Senate would so far indulge conditions and terms upon which the said State is ad. him at least as to entertain his proposition, and mitted into the Union, namely: that the fourth clause then, if it saw fit, lay it by for future decision. of the twenty-sixth section of the third article of the Mr. Walker, of Georgia, viewed this proposiconstitution, submitted by the people of Missouri to tion as a kind of peace offering on the part of the consideration of Congress, shall

, as soon as the those gentlemen of the Senate who had opposed provisions of said constitution will admit, be so amend the former resolution. He was extremely anxious ed, that it shall not be applicable to citizens of any that the question should be settled, and that nothState in this Union; and that, until so amended, no law, passed in conformity thereto, shall be construed ing should be left undone to effect a settlement of to extend to any citizen of either State in this Union. it. He therefore acknowledged himself much

obliged to the gentleman from Pennsylvania for Mr. Van Dyke, of Delaware, said he hoped bringing this proposition forward. Whatever may the gentleman would not understand him, in ma- be the decisions of the other branch, said Mr. W., king the motion which he was about to make, as let us do all we can to preserve the peace and haroffering any disrespect towards him or his propo- mony of the Union. He hoped no point of etisition ; but, Mr. VAN DYKE said, he should con- quetie would interfere with the motion, but that sider it unfortunate for the Senate now to take the leave would be granted ; that the proposition any step in this business. The Senate ought to would be ultimately adopted, and the tranquillity recollect the course this subject had taken; they of the nation be restored by the admission of the had at an early period sent to the other House a State without more delay. resolution for the admission of the State into the Mr. MORRIL, of New Hampshire, adverted to Union, containing a proviso which it was hoped the unpleasant feelings and effects of this long would obviate all objection to it. That resolu- agitated Missouri question; the great portion of tion, however, had been rejected by the House of time which it consumed of the last and of the Representatives. They have informed us, by present session ; the embarrassment it produced in message, of its rejection, without any indication the public business. It pursues us, said he, every of what would be acceptable to them; and that where in the House, and from one House to the message is scarcely cold before we have a proposi- other, into the committee rooms and out of doors. tion to bring forward another resolution. He He sincerely hoped that it might be terminated at thought the Senate had better not stir in the sub- the present session, and was a little surprised that ject again so soon; but that it would be more ex- his friend from Delaware should make an objecpedient to wait a while at least, and see what the tion to receiving a proposition which might bring other House should do, if it did any thing. He the subject to a favorable issue. The act of the had no objection to make another effort to get the last session concerning Missouri, Mr. M. said, State admitted, but to make it so soon after the passed both Houses of Congress, and received the fate of the first proposition had been announced Executive sanction. Had that act been properly from the other House, would be premature, he met by Missouri, there would have been no diffithought, and unwise. If the Senate had not culty in her admission ; the former question was moved first in this business, but had now its reso- considered as settled, and, but for the clause now

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