Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-06-09

urged in lis support The position assumed against
lie provision is, that Congress has power only pas
bankrupt law; that this iuCluaes traders only, and can
not be extended 10 embrace other pcssons The
terms used in the Constitution very peculiar, and
seem designed TO give the most extended operation to
the power conferred Congress is not merely amtior-
lied 20 pass bankrupt law" TO establish
system of bankrUptcy"-but 10 establish - uniform
laws On the subject of kruptces"-embracng the
whole subject mattcr-banksupcies ofevery kind and
description
Now, it may be asked, where is the authority for
combining bankruptcies exclusively to commercial mcn
Surely no reliance will be placed the etymology of
the term banStupt-a bench table, and ruui,ls bro
ken; because the tables of the money dealers at the
fairs were broken up whenev their absconied
That this longer Specification will be ad,nrd
by all. II confined It's original meaning merchants
themselves would hardly be embraced by term live
turn to works OF the ieHicOg most approv
Td writer's we VIII mud the wo'd bankrupt TO be
dcrstuod IN much enlarged sense Dr. johnson de
h"es bankrupt to he "a person indebted beyond ,he
power 81 payment; and this is the which the term
Is used by the most approved authors. But gentlemen
car our attention TO the legal definition of bankruu,v-
But here must remark that il rot common law term
bankruptcy in England is creature the statute law
Inc writers o" the common law give definition, but
merely describe thr persons embraced within the
statutes Now, 1t could be clearly shown the Brit
ISL statutes from the tame OF Henry the Eighth down to
S cay had uniformly included merchants only, with
provisions. might be m much force that tI
statute definition of bankrupt was iusolvcnt trader
But inns IS so far from being the that conf
IDENTITY That there has been period the int o.
duction of bankrupt laws into Ieat Britain when
other than traders embraced within their provis-
ions. The Henry the Eighth the frs,
law"the corner stone, been styIeo Of the
whole systemwas not conf ed ccIants hut embra-
ced all classes OF men Thar statute entitled, "A law
against such as do make bankrup, when We examn.
ITS provisions, we ind them eyecd against all those
,who crafty obtained the goods other men, OF fled or
sept hvir houses not mi"ding to pay their dehts''-
This description would embrace all fraudulent trustees or
agents, all abEonns debtors, persons conceaIinC
themselves from their creditors. whe merchants ia rners
mechanics or others Here the badges bankruptcy are
M ND rOr,Ca 1,.,,, r;,I,,. Il.
employment of the offender. The statute OF I},h Elizabeth
C. Z, confined the operation of the bankrupt laws to uer
chants o other seeking their Kving by buying nj
selling which descriptions the Judges have held nor 10 hc
exclusively appca bile o traders.
The Statute of 81 James extended to ~scriyemers
class of men unknown in this country, but who are de-
Scrhtd in the English laws Gas persons receiving other
men moneys or estates into their trust or cus,ody
money SciiVt"eE as lie IS ca.ed i'll England is prop
ery Broker, he is not Merchant, nor Bankc~:
ne mas no capital OF S own is he employed generally
III buy ing and selling lis sole is to receive and in
vest the funds OF those " wish make investments of
amy N' ana Tor TINS service he receives fixed compensa
ton lie properly trustee agent but certainly no
merchant The Statute of George embraced bankers
brokers' aud factors NC Up to this pc,iod, therefore, it
VIII be perceived that not of the British statutes con-
lined the Bankrupt laws exclusively the and
mat I'rI' IS once passed, loss discover auv
either except te sound discretion enlightened wisdom
~ 'e legislature. But these statutes actually received
rom judicial decisions much extended opera,ion
n'H me WORDS would At the first view, import
'tr TIE description of seeking their living b
buying and selling' farmers drovers nechanics-nay
even nobeme, Land cergymen too though expressly pro
meG p! statute from engaging in trade all declar-
ed to he within the bankrupt laws. Now England the
statutes are what the Judges pronounce be- and thus
II maniesty appears that the time adoption of
our "nst"ton and at every period before aud from
' t'"uuctoh oil bankruptcy TO this day, the British
bankrupt laws confined traders and thar il
mas been line uniform practice Of the Legislature in that
county o enlarge diminish classes persons to he
the county The last British he statute of Ceoron
en- TO- embraces IN express terus in addition
chants and traders, bankers brokers' scrveners FIRE and
"iLe insurers "aFeh""se-men wharhngers, packers,
builders carpenters, shpwrghts, mn-kerpets dier prin
salesmen' &c. 'F
1t has been often attempted an exact line of dis,
hncuoh between bankrupt and usovent law, but awaysI
think without The TWO systems ram into earb
other nsome counties the badge OF bankrptcv is fraud
in others, II is fight But inclined TO think the
most uniform distinction viii be found to consist in the
tent OF he relief granted to debtors being in
solvent Laws which provide merely for the release OF tie
person. and those bankrupt laws While provide FOR the entire
discharge OF The debt think gentlemen will he embar-
Id'NeH III "e attempt OF measuring the power granted to
Congress on this subject, by the varying standard Of
the b'iti'h statutes II we must follow them presume
include neither nor less in our law, t, m
find written in theisand viii present III. strBru,
spectacle TO the world Of the America gIslature follow
ing the steps Of the British Parliament. In support of
these views will quote the opinion delivered bv the Chief
Justice OF me United States in the of Surges and
Crowhsieic, (4th Wheaton, 1850 "A perceive saws he
MAJ This line lie lne OF separation between baukrup and
insn.Veut laws must be, in great degree arbitrary AL
ttouaD The systems have mart from c c
there is such connexion between them 10 render il dim
cult to say bow FAR they nay blended together TIC
bankrupt law IS said grow exieencies of COM
MERGE and 20 be applicable solely traders, bat it is not
easy 20 who may be excluded from, and NAV he nr
ed within this description. It's like every other part Of
the subject which the Legislature may exercise an
extensive discretion The difficulty Of discriminating with
any Accuracy between iTolven and bankrupt laws would
lead to the opinion, that bankrupt law may contain those
regulations which generally found IN nsolvent laws
ana m n1S"vent law may contain those which common
10 hakuPi law. If this be correct, is obvious that
Congress may purposc!y Quit provide many eases to
wh,h theH power extends And again, page col the
N'' Justice says-Ihe insertion of the 6ls section (cf
inc "i' bankrupt law indicates opinion in CONGRESS
mat Iso!veu laws might be cosiie ed breach Of the
'NToP system To be repealed by ostablishin,
mat system &c No mistake the opinion Of tbf
supreme Co' on TINS pain'-they ofopuion banl-
t Ia" 'ay contain those regulations generally found in
an nsovent law, SUCH for instance extending them 10
persons most usually embraced in the latter and net in the
''eI' an" that TINS Is SUBJECT which Congress "ra.
Xcrc'se an extensive dissection" Sir have no doulr
nat the supreme Court viii sustain the Coistionalit
W 'hiS voluntary bankruptcy. In addition to what have
o's stated VIII now add, that, after preparing this BILL
was s"'nii'e 20 one Of the abcst Judges ON that Bench
"a G M n.yp t.f,,tff