Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Nineteenth Congress Page: 7
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GALES fc? SEATCKNPS REGISTER
SENATE.]
Imprisonment for Debt.
[Dec. 9, 1825.
as those engaged in some other pursuits; though not; the United States, the subject embraced by this resolu-
thundering at your doors so often with petitions, memo- tion would come before that committee. He hoped,
rials, and remonstrances; yet they have the same consti- . therefore, the gentleman would permit his resolution to
tutional right to notice, are as deeply interested in all the lie on the table till the Standing Committees of that
legitimate objects of national legislation; and, as Lords, House were appointed, and it would then be referred to
of the Soil, were known, by every hearer, to yield in no
human excellence to the Lords of the Spindle. The other
House had a similar committee, and lie trusted, this would
be deemed an additional argument for one here.
Mr. HOLMES, of Maine, said that the gentleman had
endeavored to define the duties of a Committee on Agri-
culture; but every one that he had mentioned, properly
belonged to, and was always considered by, the Commit-
tee on Finance. As regarded the tariff, or a tax affecting
any article of commerce, the Committee of Finance was
properly the Committee of Agriculture for the Senate.
Mr. H. did not mean to disregard the interests of agri-
culture—on the contrary, he thought it the great interest
on which all the other interests rested. The present
question was merely the proper mode of transacting the
business of the Senate; but, as far as the agriculture of
the country was concerned, having a bearing on taxes,
and on the manufactures of the country, the Committee
of Finance was the true committee to which its interests
ought to be referred.
The question was then taken on the resolution of Mr.
FisTir.ay, and decided by Yeas and Nays, as follows:
YEAS—Messrs. Barton, Bell, Benton, Chase, Dicker-
son, Edwards, Findlay, Hayne, Hendricks, Johnson, of
Ken. Johnston of Lou. Kane, Knight, Marks, Noble, Rob-
bins, Ruggles, Seymour, Smith, Thomas, Willey, Wood-
bury—22.
NAYS—Messrs. Branch, Chandler, Clayton, Cobb,
Eaton, Gaillard, Harrison, Holmes, of Me. King, of Alab.
Macon, Mills, Bowan, Van Buren, Van Dyke—14.
So the resolution was agreed to.
IMPRISONMENT FOE DEBT.
The Senate then proceeded to consider the following
resolution, submitted on Wednesday last, by Mr. Johnson-,
of Kentucky:
Resolved, That a Committee be appointed to inquire
into the expediency of abolishing Imprisonment for Debt,
Mr. MILLS, of Massachusetts, said this was a subject
which had occupied much of the time and attention of
the Senate, and he should be glad to have it thoroughly
examined, that some course might be adopted, some pro-
position made, which should meet with the approbation
of a majority of the Senate. But he was opposed to the
appointment of a Select Committee at the present time
for that purpose. Amongst the great variety of subjects
in the President's Message, Mr. M. said, there was one
he had recommended—and he thanked him for it—the
establishment of an uniform system of bankruptcy in the
United States, in pursuance of the express delegation of
that power to Congress by the Constitution; and it was
easy to see that it was a subject connected with the pro-
position now brought forward; and, whenever they exer-
cised that power, all the evils, of which there was so
much complaint, would be effectually remedied. As soon
as the Standing Committees were appointed, that part of
the Message which related to the subject of bankruptcy
would be referred to one of them, probably the Com-
mittee on the Judiciary, and, when it was so referred,
that committee would then have' before it the very sub-
ject to which the gentlemen now wished to call the at-
tention of the Senate, and for which he wished the ap-
pointment of a Select Committee. Mr. M. was of opinion
that, where tw o subjects were so intimately blended to-
gether, that they could not legislate on "one without
involving the other, both ought to be refeired to the
same committee. In digesting and preparing an act to
establish an uniform system of bankruptcy throughout
one of them, under whose examination it would more
immediately come.
Mr. JOHNSON said, it was the good fortune of his
friend from Massachusetts, to have a Presidential recom-
mendation in behalf of his favorite measure to satisfy his
mind. But, for himself Mr. J. said, he was obliged to
bring forward his favorite project in the same manner,
and ask for it the same course that it had taken the two
preceding sessions. . He had not opposed the proposi-
tion for a bankrupt law; but, if he had that subject not so
much at heart as the measure he had now, for the third
time, presented to the Senate, he hoped he should be
pardoned for asking an opportunity of bringing-it forward.
He said this was the third time he had introduced this
proposition. . The first session, the bill for abolishing im-
prisonment for debt, passed this body, but unfortunately
it was at the close of the session, and, like eveiy thing
which at that period goes from one house to the other, it
was swallowed up and engulphed, for want of time, with
the other unfinished business of both Houses. That was
the fate of the bill the Senate acted oil; and, last session,
when lie again introduced the subject, he was unsuccess-
ful. Mr. J. said, there was not a member of the commu-
nity who would deny the isolated proposition for which
lie contended* that imprisonment for debt ought to be
abolished; yet for want of perfection in the details, it was,
last session, lost by the casting vote of the presiding officer.'
He denied, most unequivocally, that this subject was em-
braced in that of an uniform system of bankruptcy; he
denied that it had ever been embraced in any system
here or in Great Britain, or in any other proposition'made
here by a standing committee, and, if his life were spared,
he should submit it annually as long as he had the honor of
a seat on that floor, although, out of respect to his asso-
ciates, he should never complain of the result, if he fail-
ed, but content himself with having discharged his duiy
to God, his country, and his conscience. He had stated
emphaticaJlv, and he should repeat with the same em-
phasis, that no individual in that House, or the other
Branch of the Government, had been known to raise his
voice against the propriety of the proposition to abolish
imprisonment for debt. They had only differed on the
details of the measure. Imprisonment for debt was a
stain on us as a Christian nation, and he thought that the
wisdom of Congress, whilst it sanctioned the object ef a
bill for its abolishment, would be capable ^communicat-
ing to it a vivifying principle. He was not so fortunate
as to have his proposition recommended in the President's
Message, but he hoped, though it was only sanctioned by
a humble member of this body, it would have as good an
opportunity for investigation as that which came with the
sanction of the Chief Magistrate.
Mr. NOBLE, of Indiana, could not vote for referring
the subject to a Select Committee. It had been before
the Senate three years; had been most amply discussed ;
and, as fur as fie knew, there was no one in favor of the
abstract proposition of imprisonment for debt; but all
were willing to abolish it. He would say now, that when-
e>\ er the subject should be brought before that body, he
should vote for the bill if it proposed giving to the hon-
est creditor a right to compel a cession of property, but
not otherwise. The Committee on the Judiciaiy would
consist of men of talents and experience, and a subject
which would vitally affect millions of persons within
the United States, certainly would not be passed over.
Mr. MILLS said he should be sorry to be misunder-
stood by the gentleman from Kentucky, or bv anv other :
h:s only wrsh, in tiie few remarks lie offered, was to in-
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Nineteenth Congress, book, 1826; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30753/m1/8/: accessed April 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.