The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-05-30
MIR. WEE +qER's SPEECH.
In SENATE, May 10, 1910,
on The proposed amendment 10 The Bankrupt
s.es Bal. ..,.,.,

BAL. -ss.'srs-ss. .-ssayss',...,
feel deep and an xious for the OF
this BILL and in rising address the Senate, my only
motive is a sincere desire to answer objections which
have been made TO it, So far as may be able, and to
urge the necessity and Importance OF its passage
Fortunately ie subject which does not connect it
self with any Of the party contests of tho day and
although ii would not become me to admonish Others
yet have prescribed It rule to myself that in at
tenpting forward the measure and TO bring il to
successful termination, shall seek party ends, no
party influence, no party advancement The subject,
so far concerned shall be sacred from the in
truson Of all such objects and purposes. wish to
treat this OCCASION and this highly important question:
green spot, in the midst Of the fiery deserts Of
party strife, which all may meet tremendously and
amicaby, and hold common council for the common
good
The power Of Congress over the subject of bank
uptcies the most useful mode Of exercising the pow
under the present circumstances of the country
and the duty Of exercising itare the points TO which
attention is naturally called by every who address
es the Senate
In the first place. to the power. tits fortunately
not an inferred constructive power, but of the
express grants of the Constitution, Congress shall
have power establish uniform laws the subject Of
bankruptcies throughout the United States, These
the words of the grant there may be questions
about the extent Of the power, but there an be none
of its existence.
The bill which has been reported by the committee
provides for voluntary bankruptcies only II contains
provisions by which creditors, an alleged act of
bankruptcy may proceed against their debtors, with
view to subject them and their property to the opera
ton of the law. II looks TO coercion by creditor
10 make his debtor subject of the law against his
will This is the first characteristic of the bill, and
in this respect certainly differs from the former bank
rupt law Of the United States, and from the English
bankrupt laws
The bill, too, extends its provisions not only to
those who either in fact in contemplation Of law
are traders but all persons who declare themselves
Ala 70 heir lfs and heir
engagements and who desire to assign their property
for the benefit Of their creditors In this respect also,
il differs from the former law and from the law Of
England
The questions, then are two: LIST. Can Congress
consttuiionally pass bankrupt law which shall in
cude other persons besides traders ID Can it pass
law providing for voluntary cases only that is
in which the proceedings originate only with the debtor
himself2
The consideration of both these questions is
sarly involved in the discussion of the present BILL
inasmuch it has been denied that Congress has
power to extend bankrupt laws further than to mer-
chants and traders, or TO make them for voluntary
cases only This limitation of the power of Congress
is asserted on the idea that the trainers Of the Cons
tution in confe ring the power of establishing bank
rupt laws be presumed to have had reference to
the bankrupt laws Of England, then existing; and
that the laws of England then existing, embraced
none but merchants and traders, and provided only
for involuntary, or coercive bankruptcies.
Now sir in the first place, allow me to remark, that
the power granted to Congress in the most general
and comprehensive terms II has one limitation only,
which is that laws the subject of bankruptcies
shall be uniform throughout the United States With
this qualification the whole subject is placed in the
discretion and under the legislation of Congress
The Constitution does not say that Congress shall
have power to pass bankrupt law, nor to introduce
the system of bankruptcy. 1t declares that Congress
shall have power to establish uniform Ia,rs, The
subject ofbankruptces, thronghouthe United States
This is the whole clause, nor is there any limitation
or restriction imposed by any other clause.
What, then, is the subject Of bankruptcies" or,
in other words, what bankruptcies p II is to
be remembered that the Constitution grants the powers
TO Congress by particular or specific enumeration !
and in making this enumeration, It mentions bank
ruptces head Of legislation or as one of the sub
ects which Congress is to possess authority.
Bankruptcies the subject, and the word is most
certainly to be taken in Its common and pupuar sense
in that sense in which the People may be supposed to
have understood IT, when they ratified the Constitu-
ton. This is the true rule of Interpretation And
may remark, that it is always little dangerous in
constituting the Constitution to search for the opinions
OF understanding Of members of the Convention in
any other than the Constitution itself because
the Constitution awcs its whole force and authority to
its ratification by the People, and the People judged
of il by the meaning most apparent its face. How
particular members may have understood its provisions
If it could be ascertained, would not be conclusive.
The question would still be- how did the People un-
derstand III And this can be decided only by giving
their usual ncccptation to all words not evidently
used in technical sense, and by inquirng, In any
case what the Interpretation or exposition pre-
scented to the People when the subject under
sderation
Bankruptcies, in the general use and acceptaton of
the term, mean more than failures bankruptcy
is fact II is an occurrence in the life and fortunes
of an individual. When man cannot pay his debts,
we say he has become bankrupt, has failed Bank
ruptcy is not merely the condition of man who is
insolvcnt and whom bankrupt law is already act
ing This would I've quite too technical AN intcrprc-
taton According to this, there could never be bank
rupt laws because every law, If this the mean
ing would suppose the existence of previous law.
Whenever mans means are insufficient to meet his
engagements and pay his debts the fact Of bankruptcy
has taken place case of bankruptcy has arisen,
whether there be law providing for it or not
There may be bankruptcies, or cases of bankruptcy
where there are no bankrupt laws existing. Or
bankrupt laws may exist which shall extend to some
bankruptcies or Of bankruptcy, and not TO
others We constantly speak ~ bankruptcies hap
pening among individuals without reference to exist
ing laws. Bankruptcies az facts, or occurrences or
cases for which Congress is authorized 10 make pro
VISION are failures A learned Judge has said that
law the subject of bankruptcies in the sense OF the
Constitution, is law making provision for cases q
persons failing pay their debts Over THE whole
subject of these bankruptcies these failures, the
power OF Congress, as il stands the face of the
Constitution is full and complete
And now let us how Il is that this broad and gc-
neral power is or be- limited by supposed rete-
renee to the English system. The argument is this
The members OF the Convention, in comforting this
power on Congress must be supposed have had re-
ference to the bankrupt laws of England and the
bankrupt laws OF England, as then existing, en-