Western courier. [volume] (Ravenna, Ohio) 1837-1838, 1837-10-26

our HTSL uuly lS 10 look 10 tHat BTaut, anu
see'what it is; and our next duty is 10
look over our country, and see whether
there is any thing in it which requires the
exercise Of that grant Of power. This is
what our President has done, and what
we ought to do. He has looked into the
Constitution, and seen there an unlimited
grant Of power TO pass uniform laws on
the subject Of bankruptcies; and he has
looked over the United States, and seen
what he believes to be fit subjects for the
exercise Of that power, namely. about n
thousand banks in state of bankruptcy,
and no State possessed of authority to act
beyond its own limits in remedying the
evils of mischief so vast and so fright
full. Seeing these two things power
to act, and a subject matter requiring ac"
ton--the President has recommended the
action which the Constitution permits, &
which the subject requires; but the Sena'
tor from Massachusetts has risen in his
place, and called upon us 20 shift our
view; TO transfer our contemplation
from the Constitution of the United States
TO the British statute book--from actual
bankruptcy among ourselves to historical
bankruptcy in England; and to confine
our legislation 10 the characteristics ofthe
English model.
AS u general proposition, lay it down
that Congress is not confined, like jursts
and judges, to the English statuary def
nilions, or the Nisi Prius, or Kings
Bench, construction Of the phrases known
to English Legislation, and used in our
Constitution. Such limitation would not
only narrow US down 10 mere lawyers
view of subject, but would limit us, in
point of time, to English precedents, as
they stood at the adoption Of our Consti-
tuition, in'the year 1889. | protest against
the absurdity and contend that we are TO
use our granted powers according to the
circumstances Of our own country. and
according TO the genius Of cur republican
institutions, ,and according to the progress
of events, and tho expansion Of light and
knowledge among ourselves. If not, d
if we are to be confined to the usual OBJ
iects,' and the usual Subjects and the
usual purposes Of British legislation at
tho time Of the adoption Of our Constitu-
ton, how could c ongress ever make
law in relation to Steamboats,, or to rail-
road cars? both of which were unknown
to British Legislation in 1889, and, there.
fore, according to the idea that would send
US 10 England to find ont the meaning of
our Constitution, would no. fall within
the limits of our legislative authority
Upon their face, the words of the Consti-
tuition are sufficient to justify the Presi-
dents recommendation. even as under
stood by those who impugn that recon-
mandation. The bankrupt clause is We
ry peculiar in its phraseology, and the
more strikingly so from its contrast with
the phraseology of the naturalization
clause which is coupled with it. Mark
this difference: there is to be an uniform
| rule of naturalization; there are to be u
inform laws on the subject of bankrupt
cies. One is in the singular, the other in
the plural; one is to be rule, the other
are to be laws; and il is bankruptcies
that are. and bnakrrpi4X that is, to be
the objects of these uniform laws.
As proposition, now limited to this
particular case, lay it down that we are
| mol confined to the modern English ac-
ceptaton of this term bankrupt; for it is
term, not Of English, but Of Roman or-
gin. 1t is term of the civil law, and
borrowed by the English from that code.
They borrowed from Italy both the name
and the purpose Of the law; and also the
| first objects 10 which the law was applica-
ble. The English were borrowers OF ev.
cry thing connected with this code; and
it is absurd in us to borrow from bor-
rower-to copy from copyist-when
we have the original lender, and the ORR
| ginal text before US. Bancus and ruptus
| signifies broken bank; and the word
broken is not metaphorical but literal, d
| is descriptive Of the ancient method OF
| cashiering an ipsolvent, or fraudulent
banker, by turning him out Of the ex-
change, or market place, and breaking
the table to pieces on which he kept his
money and transacted his business. The
term bankrupt, then, in the civil law,
from which the English borrowed it, not
only applied to bankers, but was confined
to them; and it is preposterous in US to
| limit ourselves to an English definition Of
| civil law term.
Upon this exposition Of our own Con-
stitution, and OF the civil derivation OF
this term bankrupt, | submit that the
Congress Of the United States is not
limited to the English Judicial or statuto-
ry acceptation Of the term; and so finish
the first point which took in the argu-
mont. The next point is more compre-
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