Mr. DAVIS. I desire to offer an amendment to the amendment. After the word “and” in line ten of the clause proposed to be stricken out I move to strike out all the residue of the words of that clause and to insert in lieu of them these words:. Provided, That no person who files aing petition ask to to declared a bankrupt, or who may file an pleading in court, or give his consent on the reCo to the judgment or order of the court declaring him to be a bankrupt, shall have a discharge from his debts, until a majority, both in number and amount of debt, of by hiscreditors shall give their assentthereto some pleading or other paper filed, by order of the court or upon the record. I will say a word in explanation of my amendment to the amendment. The object of my proposition is to discriminate between voluntary and involuntary bankruptcy. The effect of Iny amendment, if owill be to leave the provisions and principles of the bill as reported by the committee to apply to all cases of involuntary bankruptcy, to establish a different rule in relation to all cases of voluntary bankruptcy. My own judgment would be that where a man is declared a bankrupt against his will he is made an involuntary bankrupt: where his property is wrested from him and distributed among his creditors, if he makes a fair and full surrender, he ought to be entitled to his discharge. But in that other and more recent class of cases of bankruptcy, voluntary bankruptcy, I want to establish a different rule. I have always doubted myself whether the framers of the Constitution intended to allow any other class of bankruptcy than involuntary bankruptcy; but the act of 1841 established a ifferent principle, and created voluntary as well as involuntary bankruptcy, and I suppose that the law of 1841, and its acquiescence in by the country, has probably settled forever the principle that bankruptcy may be voluntary as well as involuntary. But I know the abuses to which the law of 1841 was made subservient. 100s of 1000s of men that owed but a small amount of debt, in my own State many who owed debts under $5as low as $200, filed their petitions to be declared bankrupts, and were so adjudged and received their discharge. If these men, owing but a small amount of debts, had with energy and frugality and industry gone to work they could in a very short time have made money enough to liquidate and discharge all their debts; but they fraudulently preferred the mode of liquidation by bankruptcy sooner than by labor and economy. Now, sir, I suppose you cannot by any system or by any regulations which may be adopted, define and eviscerate clearly and infallibly the cases of voluntary and involumtary bankruptcy. In many cases where the purpose seems apparently to be to declare a debtor a bankrupt against his will, it may, and no doubt often j'.with his full consent and concurrence. But so far as that point can be ascertained and made certain, my wish and the principle of my proposition is simply that in cases of voluntary bankruptcy the bankrupt shall not have his discharge until a majority of his creditors, both in number and amount, give their assent upon the record to his discharge. I believe that that principle would work very inconsiderable, if any, injustice, because I doubt not that in every case even of voluntary bankruptcy where a bankrupt ought to have his . from his debts he would be able to obtain the consent of a majority of his credit ors, both in number and amount; and my proposition is simply to. against fraud committed under this bill by persons who voluntarily seek bankruptcy.