The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-02-24
CHARLOTTE. N. C. FEBRUARY "a. 1912.

KNEW mat congress uau ample aulHoIttg ~
enact, and might at any moment enact, just
such q law as that under consideration.
Ills contract was, therefore, made with
view TO this supreme law. Ii entered into
and formed part Of IT, Did he speculate
upon the failure Of Congress TO exercise thls
! power Well, sir, bis speculation has beer
realized; lie has enjoyed the fruits Of IT.
} Congress had for long time neglected the
performance Of lis duty. II bus no8 per-
formed il. OF lis constitutional power to
pass this law he had full knowledge when
he entered into his contract. lie had no
right 10 doubt the disposition Of Congress
10 fulfill its constitutional duty. A, any
rate such doubt cGnno. lmpart Inviolabllity
to his contract, or absolve US from the
performance Of our whole duty. Yes, sir,
!, said Mr.. b., say our whole duty. This
is not merely question between debtor
and creditor II is one between the Gov.
eminent and lis citizens; one which IN
wolves both lis rights and lis dutles--is
right TO the benefit Of the productive ener
gles Of lis cil2ens-iis reciprocal duty To
extend 10 them its protection. lis pro,ec
tive power is invo,.ed in behalf Of five hun
dred thousand American freemen. lite
duty 10 them demanGs-lts own interest
requires It's exercise. This doty is render
cd moro imperative by the concealed fact,
that many Of these unfoEtunales owe their
/ wretchedness 10 the misgovernment o!
those who have the power TO relieve, bu,
vino have hitherto refused 10 relieve them.
, dismiss, said MIR. B., this branch Of the
. subject, in The conviction that no constltu.
tional objection exists to the retroactive
, character Of the bankrupt law.
{ On the objection TO the law on the
, ground Of its rant of Uniformity, word
ouly is necessary. This want OF uniturmi-
, ty is alleged TO consist in its failure to in.
clude barking corporations. The question
OF the propriety OF doing so has been here
!. tofore adve.ied TO. The objection is
| entirely Inconsistent with another which is
, urged from the same quarter. The bill is
said TO want uniformity, and, therefore, TO
be unconstitutional, because It does not ap.
: ply to all classes, not excepting this class
: Of artificial persons; and these same object.
. oss alleged that it violates the Constitution.
!. because il is extended to more than single
;, class, namely, traders. But the answer is
;. q plain one. The Constitution requires
" that bankrupt law should be uniform II
r its operation throughout The United State
= that is, in the several States-bu, doe
:, not necessarily require that i! should b.
y ertended to all classes Of citlzcns in ihost
!; States.
Third Point. The next objection (ssic
!, Mr.. Berrien) is Of Il grave character. The
;. law is said to be immoral and corrupting in
: its tendency. If this be so, it ought 10 be
. repealed. My reflections have led me to
. an opposite conclusion. Such q law can
!; not, | think, De corrupting TO creditors
e while charity is among the virtues; uor tt
= debtors, if tie prayer that we may not 6c
= led into temptation is land who doubts tina
IS it is p of divine original. But let Us lool
at the question for a moment. In assuming
:, IT as rule of our conduct, we take upoI
: ourselves the high office of cersors Of tht
! public morals. II is fit that we should DIX
il so, but il becomes US TO qualify ourselves
: for the exercise Of the hieh functions whlct
!, appertain 10 it, by rising above the atmos
:, phere of party, and stUdiously excluding
every feeling which may divert US from Of
: honest inquiry after truth. The objects o.
! the law are
n To check the career Of the fraudulent
IS debtor.
, To ofFord relief 10 the honest but untor
q tunate one.
II To provide in each case for an equal dis
!. tribuiiou of his property among his credit
IS ors.
ID These are honest purposes. If toe Law
n be honestly carried into effect, they Will BIZ
: fulfilled. But it is said that frauds will b.
7, committed under this law, that traudulen
Y debtors will secure its benefits. If we were
lie egisa,ing for angels, we might expect {
g dlfieren, result. If we we're omnlscient
'. and could guard against every wicked de
i, vice of man, this would afford a just ground
Of not for the repeal, but for the amendment
d of the law. Blu, we are men, legislatlng
II for men, ard VIC oil partake of the imper.
Is fecuons of our common nature. II the
fac, that frauds will be committed under a
is law be a suflicien, ground for lis repeal, we
S, must strike out the whole code OF our stat
h uie law. Our revenue laws, land laws
Of pension acts, under each of these inuumera
is BILE frauds are committed. And even thai
h emblem of purity, the independent Trensu
Z? ~ act, itself, cold and hear,less as il was
c and withdrawn by its own intrinsic selfish
}. oess from the sphere of all other human
il passions aud human affections, and exempt
:, therefore from all temptation, except the
/. auri sacra flames which would have iuspir
e ed It's votaries, its own chosen ministers
y even that has been well eNpuugod from the
t statute book.
e But some fraudulent debtors, it is said,
!. will avail themselves Of this ACT. Yes, SIR,
il (said MIR. b. with all the guards which
r your skill can devise, that result will follow.
j. Ii is the ordinary consequence of the mfr
4 2 ii. L.. ~ nE VVt