Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-01-31

To the Congress of the United States:
Your memorialists. citizens OF the State OF New
York, respectfully represent
That the power conferred upon your honorable
bodies by the constitution, "to establish uniform
laws on the subject of bankruptcies throughout the
United States" is one OF the most important
oraced IN that sacred instrument
The trainers of the constitution were governed by
hoiy desire to remove a. causes for anImosity and
discard which might exist among the States and the
people, by making all subject o. ger era e gisation
deFoi'e upon Congress as a common arbitrat.r. BY
this mode alcne could they hope 10 secure union
among The fifty states which must in tin G arise
within the vast domain Of this great confederacy
lin ited. only by the atlantic and Pacific Oceans the
great Lakes aud the Gu! of Mexico.
The powers conferred upon Congress are Of grea
magnitude and Importance, and the just and eanta
Bile exercise oil them is an important duty. The ne.
gect or omission, in many cases, is subject of rs
much interest to the people, the violation of the
constitution by the exercise of powers not granted
If the States allow ed to exercss Of the
powers conferred upon the general government, the
difficulties and embarrassments of the Union would
multiply, until the causes which we're so clearly
forescen by our forefathers, wOuld overthrow the
fabric which their wisdom and suf rings erected.
Among the powers conferred upon Congress, " hich
OF character to prevent the conflict Of State
and rerrTory legislation, are the following. Z" To
| regulate commerce among the several States" "To
establish post Offices and post roads," ITO estab-
ish uniform laws on the subject of bankruptcies
throug hont the United States Only two af these
important powers have been exercised by Congress.
The other is now subject Of conflicting legislation
among the several States.
Tine object which induced the people Of this coun-
try to adopt the federal Constitution, was, to form
more perfect union, "insure domestic tranqailli.
ty, and secure the blessings of liberty 10 themselves
and their posterty;' and consequen,ly Congress 10
bound TO exercise all the powers which this instru-
ment confers, which will promote desi able
object.
Among the various powers which have been con-
ferred secure the blessings of liberty" none
we've esteemed of more importance than the right to
A." free i1gre and egress OF the citizens of ose
state in'o and through the territory OF other states
This. among other reasons, was the cause Of confer
ring upon Congress ihe power TO establish uniform
laws on the subject Of bankruptcy.
The conflicting re eulations the several States
on the subject Of bankruptcy, have become serious
soxrce Of complaint and annoy in every section
of the Union No two states appear to entertain the
opinions in relation to the rights of debtor and
creditor the discharge Of debtor under the
laws Of any of these sovereignties will not pro-
tect him within the jurisdiction of the others
Hence that clause in 'he constitution which d. cares
that "the citizens of each State shall be entitled to
all the privileges and mmanties OF citizens in the
several ates is totally disree and citizen
| OF New York or Kentucky, who cannot be arrested
for debt when in those States is constantly subject
to imprisonment when in other States for debts
| tracted in the State in which he resides Thus,
cit,z n of one State is not protected by the laws,
and does not enjoy those privileges AM imnurities
in othe States which the trainers OF the Constitution
intended to confer upon ham. because Cons have
neglected to exercise that WISE and important pow
| er, which alone secure those rights, which rs
II is unnecessary at this period in the history OF
this country, u urge the importance Of laws which
shall allow free and uninterrupted intercourse be-
tween the people Of the several States. fhe spi-
rit al internal mprovement'-t construction Of
canals and railroa and the introduction OF steam
| power are ire sstibie arguments in favor OF uni
| form laws, which shall protect the rights and
cure the liberty Of tn people OF the several states,
while travelling IN different sections Of the Cnien.
This country is becoming inter commercial, TO an
extent UMPIRE cedented in any othe, and every town
he Lao hail e.
that shall promote intc recourse whieh certainly
tends to make habits and feelings, people.
| Upon the subject Of he propriety, importance,
and necessity of bankrupt laws, your ialists
deem 1t scarce necessary to awel mas much as in
every country, where IN priscnmt MT for Il, bt has
been recognise their utility has been ackaowltdg-
ed The Constitution however, has clearly
indicated their importance that any auson To their
| existence Is rendered unnecessary; and, IN this
| COT manty, where the trading population are sub
jet to successive revulsions IN ade, which, from
| whatever cause they arise, overthrow the honest.
industrious and Intelligent the necessity ot untorm
laws on the subsct OF bankruptcy, which shall al
low honest 10 obtain a discharge from his
debts, upon surrender Of ali his property, has be-
come strikingly evident.
To protect the honest and industrious, and TO pun
sh the dishonest and vicious, is the primary object
oiiaws; and when they shall Tail 10 accomplish thes
great obj cts. and become oppressive upon those for
whom they wer. enacted, n becomes the duty oil the
legislature TO remedy the evil.
The laws now IN force on the Subject e debtor and
nest and ibdusir de btor, and their elect tends
10 discourage his honest exertons, and deprive him
Of that energy and hope which alone enable him
To- retrieve his fallen fortunes.
The law 10 searchingly severe tn discover and
take from him, under The so!emaity Of an oath, all
| the properly he may possess OF every KIND aud de-
| scryion; and, " hatevtr may be the general i'm
pre- ssun saong the i'll informed the legal prsfe siou
well knew that the most adroIf and cunning knaves
scarcely conceal any property from the hands OF
the eilicer II one examination Is not satisfactory,
his creditor may take ears tor inquiry, aud conn-
ue to put him under oath for the purpose az discov-
ering ANY property that nay b. stcretcd or convey
ed, tor the purpose Of deirsudng has creduo -
This, howe does not satisfy the la and tina cre-
ditor. he debtor is still required him to pay. while
the creditor vail not allow to aecumulat, c8pitaito
| transact business nor permit him TO borrow 81
friend and invest u in trade. "iionesty Is not tue
best Policy" Tor him. character Tor integrty is
| worse than useless. Fo " he can point To pure
and sroess life; if he show hat his iDts gr ~,
industry and ability, in the various situations IN
whch he has been placed, have been uninpeat ha-
ble--his creditors will grasp their claims WI more
tenaciiy urder belief that they Can yet wiring
some hing frnm his hard earnings or the sympathy
o frien or relatives. IT, however, debtor ~ re-
puied To be dish nest dssipaied, and generally die
soute in his habits his creditor ~ always ready and
willing 10 com Promise for his claim, and take any
thing he can get. under the belief that if he does
not take what is offered he will ob,a N nothing by
holding the claim against one destitute OF chlrsc
| ter and principle.
Thus, under the operation IF our laws. character
Cor h, rc,ty and integrity fails upon he poor debtor
like bighlng curse; and he has many reasons to