, 1840-07-04

Will but say so, and swear so, II shall be so
received, and no body shall contradict it
In other words, a fiction, not very innocent,
shall be allowed to overcome a constitu-
tional objection. The gentleman has been
misled by a false analogy. He has adopted
an example which does not apply to the case,
and which he yet does not follow out. The
British statutes are confined to traders, but
then they contain a long list Of persons who
it is declared shall be deemed and taken to be
traders within the acts. This list they ex-
tend, from time TO time; and whenever any
one within it becomes a voluntary bankrupt
he AYERS, in substance, ttat he is a trader
within the act Of Parliament. If it had been
necessary, as it is not, to follow this example
at all, The gentleman's bill should have de-
clared all persons traders, for the purpose of
this act, and then every body could have
made the declaration without improperly,
as in England, the applicant only states that
which the law has made true. He declares
himself a trader, because the law has already
declared that he shall be considered a trader.
His conscience, therefore, is protected. He
swears only according to the act of Parlia-
ment, ifhe swear at all. But as the provis-
ion stands here, it calls on every one to de-
clare himself a trader, or that he has been en-
gagged in trade, not within the particular
meaning or sense Of any act of Congress,
but in the usual and popular acceptation of
the word.
Suppose, sir, a cotton planter, bv inevita-
bic misfortune, by fire or food, or by mortal
epidemics among his hands, is ruined in his
affairs. Suppose he desires TO make a sur
ranIar Of htu prnportv md ha A,Soha rod
from his debts. He will be told, you cannot
have the benefit of the law as a cotton plan
ter; it is made only for traders. or persons
engaged in trade. Are you not a trader,
No. | am not a trader, and was never en-
gagged in trade. | bought my land here.
bought my hands from Caroliana. have bought
stock from Kentucky, and raised cotton and
sold it. But | never bought an article to sell
again. | am no trader. But you must swear
that you have been engaged in trade; you must
apply, not rs John Jones, Esq, cotton plan
Ter. on the Red river, but as Mr.. John Jones,
trader. at his store house, at or near the planta-
ton of John Jones Esq. And SO, sir, John
Jones, the cotton planter, must either re.
main as he is, excluded from the provisions
Of the law, altogether, or sneak into them
under a disingenuous disguise, if it be not
something worse.
This attempt, therefore, sir, to avoid a sup
posed difficulty, encounters two decisive OBJ
jections. In the first place. there is no diff.
ficulty to be avoided; in the second place, if
there was, this name Of avoiding it would
be mere evasion.
But now, sir, | come to n very important
inquiry. The Constitution requires US to
establish uniform laws on the subject Of
bankruptcy, If we establish any. Now what
is this uniformity, or in what is il to consist!
The honorable gentleman says that the mean
ING is that the law must give a cDercive power
TO creditors as well as a voluntary power to
debtors. That this is the Constitutional
uniformity. deny this altogether. No idea
OF uniformity arises from any such considera-
ton. The uniformity which the Constitu-
ton requires is merely a uniformity through
out all the States. Ii is a local uniformity,
and nothing more. The words are perfectly
plain, and the sense cannot be doubted
The authority is, TO establish uniform laws
on the subject Of bankruptcies throughout
the United States. Can any thing be clearer!
To be uniform is to have one shape, one fash
ion, one form; and cur bankrupt laws, if we
pass them, are to have one shape, one fash
ion, aud one form, in every State. If this
be not so, what is the sense Of the conclud-
ing words Of the clause, "throughout the
United States,' My honorable friend from
Kentucky, (Mr. Crittenden) has disposed Of
this whole question, if there ever could DE a
question about it, by asking the honorable gen.
tleman from New Jersey, what uniform means
in the very same clause of the Constitution,
where the word is applied to rules Of natur-
alization; and what 1t means in a previous
clause, where it declares that all duties Of
impost shall be uniform throughout the Uni
ted States.
1t can hardly be necessary to discuss this
point further. If it were, the whole history
of the Constitution would show the object OF
the provision. Bankrupt laws were supposed
to be closely connected with commercial reg
u~lations. They were considered to be laws
nearly affecting the intercourse, trade, and
dealing between citizens of different States;
and for this reason it was thought wise TO
enable Congress to make them rniform.-
The Constitution provided that there should
be but one coinage, and but one power TO fix
A. .l,. e r-. - The la1,l mad.