New-York tribune., 1841-09-02

C0NSTITUTIONALITY OF 4 BANKRUPT LAW.
That the People through their Representatives in Con-
press assembled have the power pass uniform Law
the subject of Bankruptcy retroactive in its operation,
question upon which doubts have been entertained by
Of four wellnformed citizens.
The authority to pass General Bankrupt Law is derived
from the first article o the Constitution section g. subsection
which declares that Congress shall have power establish
Uniform Laws the sub ec of Bankruptcies through ou the
United States This power unqualified, and is extensive
with a other powers granted by that sacred charter The
right to exercise this power sound questionable
expcdeucy of such law is he determined by Congress
Admitting the power the right, and the expediency of
Law on the subject OF bankruptcies, then becomes
sary to ascertain how such Law shall be made operate
whether retroactive only prospective according TO the in
and meaning of the Constitution.
1t has been urged that u Bankrupt Law having retro
secve would impair the obligation OF contracts, and
thus be conflict with that provision OF the Constitution
wicE declares that No bill OF atiander post t0co
law shall be passed. That such Law with retrospective
med bat whether the words post acto are meant 10
py to contracts we'll all Other coming within
the definition of the 0 aco, a. expressed In the
Constitutions question which aPprehend admits OF some
argument.
Sir William Blackstone the subject Of post fdcto
laws, holds the following ansuago.-Speaking Of the nature
laws in general he says. There st!i unea>on-
able method than this (aluding Cdg&la who wrote his
laws in very small character and hung them upon high pill
lars the cieciualy the peope) which IS
called making OF law most tdcto whcn after an action
indifferent in itSclf is committed the legislator then tor
the first time declares have been crae, and !CtS
Punishment upon the person who has committed H. Gem
rnentayies vol l. page 46 Here is Il plain definition of
the e. pest fact0, settled by Blackstone, and I'M
duubcdy formed by him from the OF English auhori-
Ties down the time when he hrs, read his celebrated lee
October 1913 Aud reasonable 10 suppose that
he used tie term It's general acccetnon.
Having thus gwen the meaning OF this used by our
the reign of Henry H. inquire
the the trainers OF the Constitution when they
decided that No bill G Islander post tacio law,
should be passed. Did They intend that this term should
apply ali actions whether civil criminal IN their nature
What saws The Supreme Court of the United States this
SUBJECT, In the of Calder Ball reported in Dali
las Reports, it was held thar the prohibition IN the Ion>i-
Iton othc United against passing er post 1co laws
applied only 10 criminal and no, civil casesPatieson
there observed thar the words post tgcO, when a-
Psd to law have technical meaning and refer to GRIMES
pans and penalties" Johnsons Reports page al 20
1IO--case OF Dash rs. Van Kleeck.
Chancellor hent of State, An post jac-
10 law m the st'ct technical of the usually I'M
dersood to apply 10 criminal cases and this lis meaning
rre" nsSd >" ne Constitution Of tie United States See
Cranch l3S. and Gaihson 1885, TO which authorities the
Chlet Justice refers rom the opinions above quoted with
outany other tact 10 cooboie the truth OF what is there laid
down US sound constitutional law will deny that the
post acto Is legally applied to crimes and sdernea-
only. But there additional fac, which strikes
my mind as bearing more strongly than any other tina,
have mentioned, upon the question wha, were the
intentions OF the trainers OF the Constitution when they in
seed the eN post taco clause |; principl, unv-rollv
admitted tho laws of jurisprudence that in the
of Rddis gcound should be taken ra,be,
than 90 extremes, either pro And farther ibo
are be governed BY the general nature OF the oec
have in view and not specially upon asy particular
point Therefore when examine the particular
clause question: ind that coupled with term OF
cpinai exclusively The constitution says that
G Of attaiader post factolaw shall lie passed Nov
what here by the " bill o. ataiHderl 2" 1t
10 be inflicted with The and corruption OF the blood
the criminal capaiy condemned 1t is 10 bear the ignC
inny OF the deepest crimes and OF the blacklist elones.
) nothing hut crmiaay, and never be any thing less