Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-03-21

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Cured in the decision Of the ajority of the
Court, lately pronounced, that the laws are con-
stitutional, so far as respects contracts made
subsequent to their enactment, delivered his
| Judgment at great length, that discharge un-
der such laws would not be defence against
an alien, or citizen Of another State, suing in
the courts Of the United States. He took the
distinction between the law of the place, which
was 10 govern as TO the nature, validity, and
Interpretation of the contract, and the law OF
the forum, which was 10 control the remedy for
its enforcement. He adopted the views OF in.
ternalional bankrupt law, which had been urg-
ed at the bar, and showed that, although the
British Courts had adopted the rule that GER
tihcate under the bankrupt law OF the country
where he debt was contracted was conclusive,
that the Courts Of this country had been by no
means uniform on the question, and that the
Supreme Court Of the United States, in parti-
cular, had more than once denied the doctrine.
He referred TO the decision when that Cour;
had declared, that the assignment Of the house
of Bird, Savage < Bird, Of London, under the
English Bankruptcies, did not transfer theiref-
fects in this country so as TO prevent individual
creditors here from attaching, or to defeat the
priority Of the government under the act OIL
Congress. He stated that there was much con-
traRie,y Of law and practice amongthe different
States on the Continent of Europe on this sub
ie,t, which had al last settled down into an a
doption Of the rule Of reciprocity. He advert
ed to the unsettled state Of the law in England
and this country, at the time when the eons'l.
tuition of the United States was adopted, and
expressed his own conviction that the trainers
Of the constitution meant TO create peculiar
federal OR national forum. which should be go
/ l,,i tic Icr fori vii a
voding this confic, of jarring jurisdictions, and.
the uncertainty Of the law in respect TO the
whole subject, He adverted to decision oil
Chief Justice Parsons, pronounced about the
same time that the Supreme Court OF the United
States held that an assignment 10 foreign
assignees would not transfer the property
of the bankrupt, in this country, in which
that emipsn, Judge determined that discharge
under the insolvent laws Of Rhode-lsland would
not protect against suit brought IN the courts
Of Massachusetts,, by citizen OF that slate
although the debt was contracted IN Khode-lsi-
and. He reasoned 10 shew, that the Consiifu-
ton invested Congress with The exclusive pow
er of regulating the proceedings in the courts
o. the Union; and that not merely as TO the
forms Of process and pleading, but as 10 every
thing connected with procedure and the rene
DIV for enforcing rights that Congress, in the
exercise OF this authority, had provided an in
solvent law for the relief of private sui,ors in
the courts of the Union, discharging their per-
sons only; and that the laws Of the states on The
same subject could not afiec, proceedings in The
federal courts, not having been adopted ny Con
eress, s being incapable Of execution by those
courts, all their provisions being exclusively
applicable to the state tribunals.
Chief Justice Marshall stated, that those
members Of the court who thought the laws
unconstitutional, concurred in the Judgment
limiting their operation 10 citizens OF tho state,
and to suits brought in the state courts, being
of opinion that they were wholly void, and they
must consequently be so as TO the case before
the court.
Judges Washington, Thompson, & Trimblc,
dissented considering the state insovent laws
as constitutional, so far as respects contracts
made subsequent 10 their enactment, and being
of opinion that discharge under them would
protect, whether the suit was brought by ci'l-
zen of,he same or another state, in the federal
or in the state court
Another case, in which the question, arose
whether a creditor who became party TO the
bankrupt proceedings, and accepted dividend,
was precluded thereby from contes,ing the va
ldi,y vf the law, was reserved Tor further de-
liberation.
think you will agree with me, that the state
in,which this decisision leaves the subject, rein
ders q national bankrupt law more desirable,
and even necessary, ;han ever.
A respectable meeting OF the cl'izens of the
County of Bfacken, in the town Of Augusta,
Kentucky, took place on the 18th ult This
meeting was conveyed for the purpose Of con-
.,I,;ro relative IN the imDortaton Of salt in