One may be certain, that particular cases are not within the meaning of a law, without being able to enumerate all the cases that are within it. To attempt such enumerations, is unnecessary and dangerous, lest some should be omitted. It is safer to decide on each case, as it arises. It is probable, that, so far as respects contracts between individuals, the principal mischiefs which the convention meant to remedy, were those which arose, from tender laws, and laws by which creditors who sued for their debts, were compelled to take property upon an appraisement . Laws of this kind, impair the contract, by giving an advantage to the debtor, without any consideration in favour of the creditor.
Bankrupt laws are essentially different.
The creditor is often a great loser. But he is sometimes a gainer, by the means which are offered him of compelling the debtor to a full discovery of his property, and obtaining possession of it, more quickly than in the usual course of law. So it seems to have struck both individuals and public bodies, about the time of the adoption of the Federal Constitution. I well remember, that very soon after its adoption the subject was brought before the legislature of Maryland, upon the petition of a gentleman who prayed to be discharged from his debts on the surrender of his property for the benefit of his creditors. Several members of that legislature had been in the convention by which the Constitution had been recently formed.