The Wilmingtonian, and Delaware register., 1825-11-03

James Steward, American Agent, sworn-ilx- st
amined by Counsellor Holmes. Was lately IN b
America--,he Hon. Henry Clay was then Sec as
retary of State for the United States witness re
visited Washington city; had lettes Of introduce m
ton to the Secretary Of State; received letter !!
from Mr. Clay, the Secretary, to his chief clerk,
Daniel Brent; Mr.. Brent read the letter in the
Secretary's office, and requested Josias W. King,
Keeper of the Rolls, or person having charge OF u
the Constitution of the United States, to produce ie
it; Mr. King brought it forwards it was in writings p
and on parchmcnt; witness received in the Sec e
retay's office, printed copy of the constitutions tt
it was said to be printed under the direction OF n
the department of state; Mr.. King read what he T
called the original constitution of the United t
States, while witness looked on the copy; the I
copy was word for word with what Mr. King /
read; witness had to alter some fte stopsn the q
copy to make them correspond with the original;
might have been about an hour comparing the
document Witness then produced the copy.]
The initials on each page arc his, and were made ]
by hm the document never was out ofhis pos !
session; saw Mr.. Clay sign his name to the GER
tiiicatc of the copy now produced; he IS reputed
and considered to be the Secretary of State; wit
ness procured the certificate of the British Con-
sul to the copy.
Cross examined by Counsellor Blacker-Wit-
ness never was in Washington city before March
. being personally acquainted with Mr. Clay; ar.
j, rived in Washington on the 9th March last, and
left the city on the 29h; it was most certainly the
Secretary Of States office he went into; Mr. King
+ is considered the person having charge OF the
: Constitution; did not cross compare the docu-
q mcnt.
9 Re-examined by Counsellor I!olmes-- Recol-
ects seeing above the door of tie office in which
e he entered, sDepartmcnt of Stase-Secretary OF
;s States Office"
: Counsellor Hacker ably adlresscd The Court
c and Jury, at considerable length, on behalf OF
II defendant, and argued a point Of law, which is
d yet to be argned in the Courts above.
J. His Iorlsip Justice Jebb, then charged the
y Jarv, and stated, that ftev believed slr. Stew
le art acted faithfully, in procnringa copy OF the
e constitution Of the United States they ought to
:. linl verdict for the plaintiff In a few minutes
= the iury returned verdict for the balance OF
IS account due the plaintiff, with interest at six per
I'd cent, amounting in all, to ll2f7 lbs Id and 3D.
IN costs.
:" Counsel for the plantfTs-Nessrs, scriven,
10 Holmes, Hall, and Cumy.-Agents, Thos, and =.
IS, Stewart. -,
.,i Counsel for observation-disclosures. Dlackcr, Gil
= more Perrin, AMI Iom5.-Agents, Crouston and
oi Hall.
n NorE.-fA 4 brefstatcmcnt oe the operation OF
&c the different Insoyent laws OF the state o' New
York, rs modified by the several decisions OF me
= supreme court of the United States, and OF IN
sr. state cannot fail to interest such as may happen
rs to hold the relation Of creditor or debtor inso
vent Laws. by which debtors have been enable
sy TO discharge themselves from their debts. ON the
he petition or application of a specified majority
n !. their creditors, computed according to the q
- mount of their Credits and on the bona tlde sur
~ render BY the insolycnt, Of a his property to h
ar creditors, have existed continuously III the sta s
,es of New-York from the wear 1761. The consti
1n,,se IA
- adoption of the Federal constitution IN ll6f
IN to the year 1919, appears to have been &b sten
nd fi0 admitted, by all our courts; and mutlldcs
r debtors who had availed themselves OF their pro
visions, and who had Subsequently grown veal
'h thy, were enjoying in fanccd security, tina
tn, property which rghtcously belonged to thel
.ct creditors In the winter of 1919, the case q
Sturgis IS. Crownnshicd was decided by tn
nc supreme court of the United States, in which al
be that class Of State nsolyont Laws, which enabled
ere debtors to exempt their property from the Clam
of their creditors, WAS declared unconstlttltiont
i"'' and void The 10th section oftlc LIST article :
be the Constitution of the United States dcciai
re- tAaf no state shoH pass any ia,c impa'fing ne q
L.. Eggjion Of conftucis, and in the case cited tn
ou' s. G. considered that the provisions of this ca'
ent of state Insolvcnt Laws, Inconsistent wlt
rrv fair construction of this clause in the constitt
49, ton. The case Of Mr. M'AIillan and NJ Eell slii
70 scqucntly decided by the same court cstablisht
we the same principle on state offacts tar more Il
ing vonrable to the debtor, and for time tho Gel
.a,, erl impression of the bar and of the cominunt
60, was, that nothing could exoncnte the estate
huy the debtor from the pa, ,ment of his debts, b'
five actual payment, or voluntary surrender OF h
rca. claims on the part the creditor. The case
, Mather vs. Bush, was then brought before II
tac supreme court Of this State, in which several d
&c a tinctions were taken which exempted till tn
iiv time from total overthrow this class OF nst
..:., vent Laws in the state Of Ncw-Iork Tn
VA case dccdcs that when both the contracting pa
into ties reside within the state at the making OF Il
lorc contract, the Insolvent Laws existing at Il
IL; time. the Law should be considered part ottl
Ns' res gestr" anil its provisions in such case shou
$ OF be available and operative between the pait'e
spa the supreme court of the United States not a
:, ~, inc decided the principle upon precisely such
:, state Of facts.
ce. A case was then put in progress Tor the de-
Z. of ,;on ofthe s. C, of the United States upon pl
cisey this last state of facts; the case has be
80 argued, and the public are now watt anXio'
hef' ly to learn the result. The better opinion a
'iber ,,cars 10 be that the s. G. will overthrow IN
rron, Ills class of State msolvent Laws, and that
state will be permitted in any case hereafter
annul the rights of creditors or the obligations
debtors.
ars If,bc (. C. of the United States decide I