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I - - ! - . , ...... j - ; ' ' 1 'I,''' I ' I .. ...... j" ' 5 " " ' . H. W. HUSTED, Editou. RALEIGH, OCTOBER 4, 1843 Vt)I. No. 20. -"THE SEN ATOR FROM THE REGISTER. OF HIS PART V" ON THE '. BANKRUPT ACT. j facilities of credit and cash enterprise?, which to put himself up as a standard to which all must yet come out over hts own name, arid .pronounc lhave unfortunately characterised the last tyw come however great, he will be disappointed in U, w.K an ,mrfK anA .,! ! vears, are such as to render an interference of this the end, and perhaps his usefuluess in some u j-i ,n , , ' ! kind greatly conducive if not absolutely necessary measure lost We should provide a uniform sys- 1 I d.ld J T d PP8' ut in0St such blunders could have been t The Editor of the Standard last year said, that ; to the public good. I WOULD THEREFORE tern of bankruptcy upon as liberal principles as OLens,ve ,n 1 Democracy IVd demagogism were inseparable. HAVE UNHESITAT justice will warrant-and as experience shall j fny and We have ne ver expressed so harsh an opinion ; j fEU LN rut, rAAM U UlALAv, snow us ; imperfections, we should give it sue , , , , , .. rtr. properly guarded against irauds, and so framed consideration and amendment as will be four ;and we had houghUhe propositi was not true. to lho creditors! the present estate equitable. I should expect its jrovisums tobe e: We had thoUght that at least Mr. Haywood was j of their jeotors tcfien tfe tater were discharged tended to all classes of every profession, imolurdai we do not know; what to think. That effort Was about as demagogical as anything we ever saw. "The Senator of his party" should at least have soared his friendsJ; In the fourth count of his j Such a law would be decidedly more objection able than the law of 1840. i Col. Johnson, in a letter dated Jan. 13, 18: 1 replying to an enquiry, states his views fully in indiclment against the Whigs, "he next placed j w'hich he first discusses the constitutionality of a noon the canvass.' the famous Bankrupt Law a Unikrunt Law. of which he has no doubt. He ! - H ....... - ... . " I ' II' . - . law by one part of which all debtors might be re lieved from the payment of their debts without as to merchants, and xohmianrasto others. l tie law should embrace all cases existing at the passage of the law, as well as all which may 3f happen in future. uch are my views upon this suojeci. l ao not set up mvselt as a standard for others organized as I am, I could not act other wise, without a violation of conscience and the obligations of solemn duty. For I have no doubt paying them! off. By another part of which, a - Bankrupt Debtor was to be hereafter prevented from preferring one set of his honest creditors over but when bo was unable to pay all properly was to be applied pro rata The farmer was sometimes called the cheating clause ofjthe Bankrupt law, and they themselves Have now repealed it. In other words, .i i . -m. r L' ..:t I 1 J - - ro-. another set ; of them, his :amongst all. then proceeds in the following strain, which does that if the system should be established, its bene great honor to the heart of the! gallant old soldier : ficial efrbcts would; be felt in every 'part of our " Through this vast domain and with their va- country, and especially throughout our whole tra- rious pursuits, bankruptcies must always exist, ding community. It is a svstem which I believe and it is the duty of the Government to make prevnils in every commercial country in Europe, such provisions as will be calculated to give the and in every civilized nation on the globe. Indeed, greatest possible relief that canibe given, consis- from the earliest antiquity, the Jews, though an tehtly with the principles of! justice. Congress agricultural nation, had their general jubilees. It alone has power to do this, arid on them the work is the same measure in a different form : the same devolves, not oplv as a constitutional right, but as great conservative principle, for the same great a solemn duty, uotn- in private anu puonc iue:i ooieci. in mis country, an power is oasca on tne thev kept it in force until it had done alarge part 1 have regarded it as a paramouot duty to relieve will of the people. We have no legal or constt of the mischief and iniurv it was pregnant with, ' the distressed from every burden, as far as possi- tutional classes ; but the rich; and the poor, the ami nt the niomont1 when it miffht produce what I ble, and especially to break that yoke by whkh fortunate and the unfortunate, are all equal. IJUilc ca.II Uc UtlltlllCU, u.nu lu owuic, i a unci iiiaii i i ncic is a. (acipiuai ikvuiuiiuii ui JJIiJp'ILJ, LlltJ break, the heart already rent with the anguish of poor becoming rich and the rich becoming poor; misfortune, i H ' ; and to sirFer any unnecessary impediments to en- It is repugnant to every principle of justice to terprlse, is to interrupt the prosperity of the na regard bankruptcy as a presumption of guilt. 'In tiou. .If then the relief which a bankrupt law the fluctuations f trade, the most honorable men gives, extending all its provisions to all who de- are often its victims; and to hold the person of sire it, is pfoper for any other country, it is much the debtor subject to his creditor, and to put his more due to this great Republic tributed to a gentleman so. capable of knowing. and distinguishing truth from fiction. Unless Mr. Haywood makes this protestation, we shall hereafter notice ome other matters that figure in bis reported speech, -very ' little to hui credit.' ' ' . ' ' "' '' ' little good tnere there was in i it was repealed begotten And destroyed by the same Congress! And what did the Whig people of the west gain by this V Now we ry, and not Martin Van Democratic lo noti cnoose nere to aavocate me policy of that Law. It may not have answered the expectations of those who passed it. It may, for aught we know, have been abused by some who unworthily took advantage of its provisions. All we can say of it is, if the passage of the law was an error of the Whigs, they hastened to 1 i i 1 1 atone for the error by its early repeal. .As soon as there seemed to be a general opinion against it, that opinion was respected. But if it be an er ror, is it an error of the Whigs only . Was that gentleman never in favor of a Bankrupt' Law himself ! Did his friends, of the Party whose Senator he says he is, never approve, or advocate a Bankrupt Law " cheating clause" and all Is there no double-dealing by the gentleman and his friendsJ about this much abused law! Did it ever have a party character, before it became un popular 1 Does .the " Senator of his party" not know that before; the year 1840, when this act was passed,! a Bankrupt Law was advocated t.i f.1 ti ! n re rnni..ir'itI" frontlomon 'P-ifY. Uy kllC iUllVT:llJJ j i.lliVWttllv gillivun.il . J. ..y- e4 iirn ir- tvt .1 mas li. lienron, oenaiors vv an ana iinn, iorveu, Nicholson, Strange, Walker, King and Woodbu- least by -Richard M. Johnson and Buren 1 Does he not know that States and State Legislatures, were foremost intending on petitions praying for j the passage of such a Law 1 In 1827, jMr. Tan Buren voted for a Bankrupt v x,aw and oke too, with the " cheating clause," retrospective in its operation, and not extending its benefits to j farmers or mechanics. A mo lion was made so to amend as not to affect " any con'rac! made before the passage and promulgation Against this amendment are record- of Messrs. Benton, Woodbury, Win Llf. j Johnson ahd Martin Van Buren. 'Mr. Van Bujen was even unwilling to extend the advantages of the law to any individuals but to merchants and traders and made a speech against isuch extension. Col. Rich'd. M. Johnson replied lo Mr. Van Buren and said, " the vivifying princi ple ought" not to be confined to any privileged or der but the relief and advaritages held forth in the bill, ought to be general and nnconjined; and Jhcir good effects be dispersed to the cottage as well m.s to t!ie palace" In 1340, when Mr. Van Buren was President, in a letter tc soriie citizens of New York, he thus writes : . j j 'It is a rule, the sacred observance of which j3s indispensable to the well being of society, that -Governnieril. should never interfere with private contracts even when the authority to do so is con- f .11... J-1 .! .. . .. 1 i : of this acu .cd the names R. King, R future liberty or acquisitions beyond his own con trol, when he has -surrendered fall, is to inflict a punishment where there is no crime, nor crimin al tribunal to. investigate a crime, or to prescribe punishment.! SI Credit in trade is based upon confidence m the success of him who obtains it,! and ought not in any degree to depend upon a which the creditor may claim the future independence of t chance to be unsuccessful, all that they can claim is a faithful surrender of this remaining ef fects. Let ihim give these and begin the world a-ain. what is me enect or sumecting nis iu- ure acquisitions to the seizure of his creditors ? Most respectfully, your fellow-citizen. RH. M. JOHNSON. And vetthe "Senatorof his party" talks about the i i i Bankrupt Law, and " the cheating clause of the Bankrupt Jaw," and asks "what did the Yhig people of the West gain by this." We do not contingent right know much about the finances of the " Whig peo- on the liberty or Dio of the West." and therefore cannot sav he debtor. If he Ua 1n,ir Tint whether they "gained" or los of one thing we are certain, Whigs of the West, whom the " Senator of his party" seems to have taken under his special pro tection, may or may not have been personally af It is to stifle in him all spirit of enterprise, and to fected, theyjhave patriotism enough, if the law bind him and family down to perpetual poverty, Was in their estimation a good one for the people without the remotest prospect of benefit to his at iartTe, to have supported it : if a badorie, they creditors or to society. v punisnmeni jikb mis, h and shrewdness enough not to allow Wliliuui ill. cuuvi.ium wi Kum i. luuicvuH.i.i; iu l(C! . , . , . . ; - r i- . . i- j . i tile kjciwu'i ut ilia uaiiv iu iuiuw ujjuu liic nncrht. to m a froe or civilized country. It Whigs, tfie exclusive odium of passing it. They know that action on Bankruptcy was pressed by vail themselves of the benefit, Of a bankrupt law. all parties, before 1840. Some, Democrats too, So unfaithful men may sometimes bo elected to J were in favor of extendingjts provisions to corpo legislative bodies, and crimes may sometimes -De rations and opposed the bill; of 1840, only be perpetrated unuer tne cioaK or religion, nut l cauge were not included.! This confining of WUU1U UUL reill ic.ici iu uiCj umuuuudx, iiui irx InHiuMn. c irl Tint rortaln . nlfor A h.t t-rtir lorries lot Ito h-lic nnf ctrivo tn nVi.'lioh I r O m i ' i SENATOR HAYWOOD. -This gentleman lately delivered a Speech at a Barbecue in Mecklenburg county, so full o ia- justice to the Whig party, so abounding with mis representations and misstatements, so uncandid and bitter, that it has aroused a feeling of deep to-' gret in those, (of whom we were 'one,) who re- joiced at his election over Brown and Saunders,, arid of violent indignation in others. Among these last, the Richmond Whig has a column of extremely severe reproof of the demagogical speech and speaker. - 1 1 ! : We do not intend to imitate the severity of the i Whig, nor to excuse what is inexcusable in Mr.4 Haywood. There is a single, remark in his speech which we could contraat "with the closing sentence of his letter of acceptance, written last winter : . t From the Speech. On the subject of the Presidency, Mr. Haywood said he had ht8 opin ions and his preferences but. he had not and fhould not express them, because he was the Seii? alor of his parlij. : From the Letter. u Relying upon "the blessing of God on my efforts to serve Tforth Carolina, and as her Senator, adhering to right for its "own, sake, in public as in private life, I shall strive to deserve alike the confidence of the State and of the party by whose favor this high trust has beei, confidence in me." , ' , The whole tenor of the Letter is equally at variance with that of the Speech, It is not dif ficult to decide which does the the most honor t 4 Christian churches, on account of ahiiRPtri udiir.h " principle, mi i it urn gu. x.ic.c: i. o.a.iuo, tljey are all, subject; for tlie same principle is cheating clause and all, not quite Catholic .enough ehtinllv applicable to all. r ior uemncracy io oe sure, uui n us pruvisums uau This power iii the Constitution is joined with been a little broader, and embraced corporations that of naturalization, and with the same benevo- jn ft3 compulsory clause, (claws 1) it would have lent object. Upon tnat ot naturalization, con- been hailed by Democracy as the redeeming act gress lias acted, ana, m ao.ng so, nas proviueu The Whigs of the West have studied their for the oppressed of all nations m this land of re- d are bv no means 80 iuse, the blessings of liberty and safety, the pro- ... 00 t mu t.i ,n nf ftr and it wis instlv exnectcd BimP1e as the Senator seems to suppose. They that a bmkruut law would also! be passed, exten- know why the act of 1840 was not a Democratic din protection from oppression to the unfortunate measure, and they know it was not because of of our own citizens, and to those, of all other na- the " cheating clause," but because of its confined tions who might choose to come and reside among operatioB. ' The democratic leaders wished it to us. This I wish to see done. My opinion is, tluit hQ unjvtrsai jn itB action. And now, " what have it will redound to the honor of our country. f t win h w of the West gained by it forsooth i shack ed in his enterprize, he will often accumu that however the j Mr Haywood. Fayetteville Observer, FROM THE REGISTER. "NORTH CAROLINA'S SENATOR." Mr. Gales: For myself, and in behalf of every true Whig, and every honest Locofoco,.I protest against this detestable sentiment. J protest againet it simply because it is absolutely false., Tha subject of it does not represent the Whig party, nor does he represent the liberal, the honest, and the candid of his own party.i The people of North Carolina are plain, modest, unassuming candid, high-minded, independent. Will any man in his senses, say that W. II. Haywood is a fit representative of any one of these qualities. Is; there a citizen in North Carolina who does' not combine in his character, more of these qualities than the subject of this quizzidal toast ? In bis social relations, he is an aristocrat; in his politi cal conduct, an unrelenting, uncompromising par. tisan. The Whigs, who form a large majority in tne rotate, afsiiKe nun, oecause mere nas never been any thing open, fair and manly io his'oppcv sition to their principles. Whilst abler and bet ter men were boldly struggling in a desperate cause, face to face with their opponents, he was fighting in anonymous communications to the newspapers, anxious only to avoid the mortifica- What have the Deniocrats gained by it? They Cllir.l IJI l-C, lit. will uiw.iiui.vumu- - l li J . fi both of providing for himself, and nave gained a hobby, and an opportunity of abu iis debts, which honest men fre- sing the Whig party for honestly passing an act which, as they believed, would afford relief to a larore class of citizens, struggling with Want, op pressed with debt, sinking among fragments -of ruin that floated around them, on the maddened V T 1 1 - - a - sea ot experiments, i ne:r design was patriotic late the means of linuidatrng h quently do under the influence of moral obligations. i The interest of the debtor, the interest, of the creditors, the interest of society, and the glory of our country, all conspire to sanction the measure tion of defeat, and secure to himself the rewards of a victory won by the efforts of others, i In his own party, he was the first choice pf but a small minority. So far from his being North Carolina's Senator, he is not the Senator of the whole Lo cofoco party, which is, itself, in a minority in thd State. A WHIG. P. S. I have just read the speech of the polit ical missionary, and if every line in it is not drawn in the slime of the demagogue, I am incapable of understanding the term. There is the appeal to SKK ; f YhiS the West will , preju(iice and passion, tjie po.Uive faLehood, th'0 ot human happiness, as far;; as possible, u 1 can light up the smtl9 ot gladness, even in one soma. not forget that the condemned act, with all its faults, has brought peace to thousands of families ?ferrel by tlid Constitution, except upon the ground of evident public necessity, and then with a de gree of caution and circumspection which shall guard ia an effactual manner against fraud and injustice, ihat occasion may arise when those who h;fve ihe" rightful power to interfere may do so, and arrequired to do so, by a regard for ihe ibest interests of the community, there can be no doubt. I thought there was occasion for such in- imprisonment tor debt Bankrupt Ilaw. applicable to bankers and traders, dasses which all must agree, were intended to be embraced by the clause of the constitution re lating to this subject. An occasion of at least equal urgency for such a law exists at this time. The embarj-asstnents caused by -the pernicious expansion of the currency, and the consequent ry bosom where the tear of sorrow was flowing, has restored many a man of ruined fortune and I j enjoy in me act gratincaiion i wuk;ii my iccmc proken nearr, lo noeny again, wno can sianu lanruaire cannot! describe. With these senti ments, I have ever been the advocate for relief to the war-worn soldier, .and to the widows and or phans of those who suffered or perished in their country's defence : arid with the views which I have expressed upon this subject, I have exer.eu all my feeble powers in favor of the abolition of When I am satisfied that up and; say with exultation, he is once more an American citizen -free ! Th?Senator has mistaken his men. He has carried his wares 10 me wrong marKet- 1 ney are hard to fool those mountain men. And the Senator will find out his error, before he has " seen much of, the country w-est of Charlotte. he ohiect of a constitutional measure is good, I j vfi hone for the honor of the pood old 'North can never abandon it on account of difficulties for own nonor to 9ave his party from con which present themselves in making it perfect in tlthat the gentleman has made no more all its details. Similar difficulties may be urged ? .uw;,i w ih equal plausibility against free government ; '"T u ' fnu i v a I against universal MiflVage ; against popular-elec- reported to have made at Charlotte. ; We do hope tions ; and indeed against all of our institutions, most sincerely, mat me jenersoman gave an It is not good to be impracticable. No man oubt incorrect account of the matter, and that he will suppression and concealment of truth, the wilful perversion of well-known facts, presuming for ap proval, upon the ignorance of his audience. he has not mistaken the character and intelligence of that audience, I know nothing of the Westera people. ' ' ' i''1-" On his return from this Western mission, it is understood, that Mr. Rayner's .district is to receive the benefit of his labors, the r Democratic - Synod having in their benevolence, decreed that the' po litical heathen in that region shall be converted to the true faith. God' speed him in his labors of charity. ; " L- ' ' ' m CT A letter to the Editor of the Washington Globe, dated Halifax County,' N. C. nomiates Samuel L- Arringt 05 as the Locofoco Candidate for Governor of North Carolina. .' uu : ' ' . W , Ji; fi ' J 1 '.. ijA
The Whig Clarion (Raleigh, N.C.)
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Oct. 4, 1843, edition 1
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