The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1840-06-11

ff4NtFFa " lte~|S FN4~<F1 iu NS4rs
Are YOU pot : fsdrrl No. an No
trader. ard VAS never engaged ia trade.
baaehs my land here. bought M hands
from Csroilns. have bought stock from
Kensueky. and rsissd coiian and sold Il.
Bus never bought ga article % sell again.
| an no u.der. BIZ yen musi swesf .i.sl
you have been eoeaxed in trade; VOC
must apply. moi a. John Jones. Esquire.
ea.inn planter. on ,bs Red risef. bsi as
Mr.. jain Janes. trader. NJ bis siofe- house.
Al or near The plantation of John Tones.
Esq. And so. SIR, John Jones. ibs coi-
ION planter. must eilher remsip ss he Is,
excluded from The prpsisinns Of he Law,
altogether. or snesk into hen under !
dlslngenuous disguise. if il be nol some-
thing soFse.
This attempt, therefore. s.r. 10 avoid .
sur posed difficulty. encounters lvo De-
cisive obieeIsons. Ia The fret place.
there is no difficulty 10 be svnided; in The
second place. " there was. lhis manner
% avoiding il souid be . mere evasion.
But now. sir. I come 20 very import
ami inquiry. The Constitution requires Us
TO establish nnifoIm laws on The suhiecs
81 bankruptcy. Il We establish any. Now
what is ,hls uniformity. o. IN what isl
10 consist! The honorable gentleman
says thai Tie meaning is that the law
musl give cnereIve power 20 creditors,
a. well as voluntary power - debtors.
That this is the constitutional uniformity.
I | deny this altogether. NO idea Of uni
formily arises Iron any such considers
tim. The uniformity which ihe Consfi.
iunon requires is merely . uniformity
throughout all the states. II 10
local uniformity. and nothing more.
The words ate perfectly plain. and The
sense cannot be doub,ed. The auihori-
~ is. 10 establish uniform laws on The
snbjrei Of bankruptcies throughout the
UnIled States. Can any thing be clear
err 10 be uniform Is 10 have one shape.
one fashion. one furm; and our bankrupt
laws. if we pass them, are 10 have one
shape. one fashion. and one form. IN ev-
rsy state. II this be nnt %. what is the
sense Of Che conciudiug words Of Ihs'
clause s4''hiiaqH;sa lke Z ailss sisies,'
Ny honorable ftisnsl from Kensncky.
Il tMr. onuepden) has disposed q shis
whole question. VI there verenofd b \
4 questloa about Il. by asking The honefa-
n able gentleman from New Jersey whai
: ,fo< Orr -s.--s.ts IN src very same clause
y OF The Constitution. where The word IL
! applied to rules Of naturalization; and
. What nmeans in . previous clause. where
Il declares fi,si ~ duties of imposis shall
!, be uniform throughout the u. States.
I'll n can hardly be necessary 10 discuss
! this point further. lfii were, The whole
!. HISTORY Of The Constitution would show
4 .he object OF alhe provision. Bankrupt
! Laws we're supposedto be closely connec-
!, led with commercial regulations. They
we're considered 20 be laws nearly az.
b (eciing the intercourse, trade. and dead
9 ing between cliizens OF difTeren, slases;
and fur this reason il was thought wiss
! 10 enable Congress 10 make them Uni.
81 form. The Consultation provided that
4 there should be but one cninsge, and
. bes ons power to FIX The value Of for
4 eiga coins. The legal medium Of pay.
prnl, therefore. IN iuIfiiment of contracts.
i was 10. be ascer,ained and fixed. foe all
! ,hs s,a,es, by Congress. aud BY Con-
Z .gress alone; and Cangress. and Congress
!. alone. was 10 have the power of pro-
> sil,ng uniform mode ia which contracts
!, fm,ghl be discharged without payment.
4 I.onk 10 the discussions OF The times;
/. 10 The exposnians OF The Constitution
4 made To the People by its friends when
they urged ills adoption; look 10 all
witilins The Constitution, and all without
il; look any where or every where.
/ and yon will see one aud the same
j meaning; and that meaning canno, be
mue clearly expressed than the words
4 OF tie clause themselves express it,
that laws 10 be established By Congress
on tlie subject Of bankruptcies shall be
Uniform throughout the Uaifed 'Staies.
II Nav, SIR. The genileman's bill is not
uniform. Il proposes that there may
be one Law in Massachusetts. and anoih.
er in New Jersey. The gentleman's
bill includes corporations but then 10
gives each stale a power TO exempt iis
owa corporations, or any Of Them. from
Tie operation Of the law. i il shall 30
chaose. II decides what shall be. in
the case of banks. an act Of bankrups-
ii cy; bu, then il provides that any state
! may saw. nevertheless. that. in regard
to It's own banks. or any OF them, This
shall no, bean act OF bankruptcy.
i Here is the provision:
/ .Prouaied, hosceuer. That nothing
herein contained shah apply 10 or in any
wise afiec, any corporation or association
! 81 persons. Incorporated or acting under
Il law of any state Of The Union. or any
territory of,he U. s.. where such corpora
! lion or association shall be authorized
} by their charter. or any express law OF
such state or territory, TO DO or com.
: mil the act herein declared TO be an
, &C, of bankruptcy, or where. by any such
i law oi any such state or territory. the said
Q corporation OF association Of persons shall