The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-05-30

This attempt, therefore, sir 10 avoid supposed diff
hculty, encounters two decisive objections In the
hrst place, there il difficulty to be avoided in thu
second place, there was this manner Of avoiding i
would be mere evasion
But now sir, come 10 very important inquiry =
Inc Constitution requires Us TO establish uniform
laws on the subject of bankruptcy, il we establish any
Now what is this uniformity or in what Is Il 70 con
sst The honorable gentleman says that the mean
ing Is that the law must give coercive power 20 Gre
ditors, as well voluntary power to debton That
this rs the constitutional uniformity deny this Alto
gether No idea of uniformity arises from any such
consideration. The uniformity which the Constitu-
ton requires is merely uniformity throughout s the
States. Il Is local uniformity, and nothing moFe--
The words perfectly plain, and the cannot
be doubted The authority Is, 10 establish uniform
laws on the subject Of bankruptcies throughoos the
United States Can any thing be clcarrr1 To Be
uniform is TO have shape, one fashion, one form
and our bankrupt laws IL we pass them, are TO have
one shape, fashion, and form in every State.
II this be not So what is the Of the concluding
words Of the clause, throughout the United States
My honorable friend from Kentucky Mr.. Criftcn-
den has disposed of this whole question: il thers
could be question about IT, by asking the honorable
gentleman from New Jersey what UNIFORM means In
the very same clause of the Constitution where the
word is applied to rules Of naturalization and what
i means Is previous clause, where il declares hat all
duties Of impost shall be uniform throughout the
United States.
II hardly be necessary to discuss this point
III ~ were the Wnole history Of the ConBt-
tuition would show the object of the provision. Bank
rupt laws supposed to be closely connected with
commercial regulation They were considered 10 be
laws nearly affecting the intercourse trade and deal
ing between citizens OF different States; and for this
il thought wise to enable Congress- TO make
them uniform The Constitution provided that there
should be but one coinage and but one power to fix
the value of foreign coins. The legal medium Of pay
ment therefore, in fulflment of contracts to be
ascerained and fixed for all the States by Congress,
ansh y Com oa.I.v at,AC audi
alone, was to have the power Of providing uniform
mode in which contracts might be discharged without
payment Look the discussions Of the times the
exposiions Of the Constitution made the People by
its friends when they urged its adoption look all
within the Constitution, and all without it; look any
where or every where, and you will see and the
same purpose, and the same meaning and that
meaning cannot be more clearly expressed than the
words Of the clause themselves express itthat laws
TO be established by Congress on the subject Of bank
ruptcies shall be uniform throughout the United
States.
Now sir, the gentleman's bill is not uniform II
proposes that there may be one law in Massachusetts,
and another in New Jersey. The gentleman's bill
includes corporations; but then it gives each State
power to exempt its own corporations, any of them,
from the operation of the law il il shall choose II
decides what shall be, in the of banks OF
bankruptcy but then i provides that any State may
say, nevertheless that in regard to its own banks or
any Of them this shall be an act Of bankruptcy
Here is the provision;
Procidcd, ho,rerer, That nothing herein contain
ed shall apply to or in any wise affect any corporation
or association of PERSONS incorporated acting under
law of any State of the Union, or any Territory OF
the United States where such corporation or assoca-
ton shall be authorized by their charter or any ex-
press law of such State Territory, TO do COMM,
the act herein declared TO be act Of bankruptcy
where, by any such law of any such State or Terri
tory, the said corporation or association Of persons
shall or may be exempted from the provisions Of this
act
Pray sir, what sort of uniformity is this A uni
formy which consists in the authorized multiplication
of varieties. Who will undertake to defend egisla-
ton of this kind under power to establish uni
form laws the subject of bankruptcies throughout
the y States Not only is il in direct violations ~
plain text Of the Constitution but il let's IN the very
evils every Of them which the constitutional pro-
vision intended to shut out The Constitution says
that Congress may establish uniform laws the gen.
tlemans bill says that Congress may propose law, at
least so far corporations concerned but that still
each State may take what il likes and reject the rest
and this, he contends, is establishing uniform law
| pray, sir, where is this power of exemption to
stopl If we may authorize States to exempt their
corporations may we not, with equal propriety, au-
thorize them to exempt all their citizensf Nav we
not say that each State may decide for itself whether
il will have any thing to do with the law, when we
have passed il, what parts 1t will adopt and what
parts it will refuse to adopt?
But, sir must wait till attempt is made to de-
] see
some show of proprety, plausbility, before !
reason against il further. In the view at present
have of it, It appears to utterly repugnant to the
plain requirements Of the Constitution destitute
only Of all argument for its support but of all apology
also. see nothing in il but naked unconstitution-
atty.
But, Mr. President if these provisions were consti-
tutiona they would still be in the highest degree
Just, and inexpedicnt and nadmssiblc. What is the
object of bringing the banks into the bill at all Ger
Ia no M iftcfo thorth ,p
sure the constant and punctua discharge Of their d-
ties, by always paying their notes on prcscntment-
Clearly there can be object but to prevent their
suspensions of payment. And it might be said that
this object was kept in view il the law were uniform
peremptory, inhcxble and applying to all banks But
when you give the power Of exemption to the States
you sanction the very evil which you propose
dy You profess to prescribe general rule and yet
authorize and justify its violation. Do not the States
now exempt and is not that the very evil from which
we suffer Is not suspension, under the authority OF
State exemption, the topic, the discussion of which
every day nearly stuns by its reverberaton from the
walls OF this chamber? The charters Of the banks
are, in general, well enough. They require punctual
specie payments, under severe penalties, and in
some cases, under the penalty Of forfeiture But un-
der the pressure of circumstances and from real or
supposed necessity the States relieve the banks from
these penalties and forbear to enforce the forfeitures
And will they not most assurcdly, also relieve the
banks in the manner, and for the same reasons
If they have the power from the penalties Of our bank
rupt laws State permission, State indulgence State
exemption, is the very ground on which suspension
now stands and on which it is justified. And il is
now proposed that Congress shall give its authority
and sanction to all this 1t is proposed that Congress
shall solemnly recognise the principle and approve and
sanction the practice of State exemption Of the
pension of specie payments, by State authority II
the States will not enforce their laws against the
banks, can any one imagine that they will see the
equally or still more penalties of our bankru't
law enforced while they have the power to prevent
Some weeks ago the honorable member from Penn
sylvania moved for committee to inquire into the pro-
priety OF amending the Constitution, so insert
provision giving Congress power to restrain the cc,-
laton of small bank notes did not concur ia his