Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-15

States i. the Constitution Of the United States, the
Jurisdiction Of the Federal Courts Is limited and cir
cumscrbed both to Inc persons who may be parties
before 1.-THE subject matter oil controversy ard the
amount in dispute The parties To be inhabitants If
different Sates-th snbect-natler is 10 grow out OF
Federal laws teaiiesand the amount IS limited to
800 in the district conrtS, and $4,000 in the circuit,
These limitations leave all the home Transactions deal
ings and controversies Of the inhabitants of Stale
10 be settled at home under the State laws, and 5y
tribunals adapted 10 the purpose. Every State las
established lis judicial system, and tina, in way 20
carry justice down 10 every mans door Tor, be
sides the courts Of the couaty, which have very gene
raj jurisdiction, here are the Justices or township
courts taking cognzance Of smaller matters, and des
patching the sligher controversies of tie citizens sit:
the greatest celebrity and economy both Of time and
ney. Under this act the whole civil business Of all
the courts Of State between s citizens, from the
supreme tribunal where great matters are settled,
down 30 the justices court, where The smallest de-
mands dudlcated may 60 INTO the federal courts
For every debtor whatsoever may file his petition in
those courts this carries all his creditors INTO those
courts even for the small amounts which they mlgit
have sued for before justice Of Tie peace. There IS
minimum upon the value %! the matte. controversy
which may thus be brought before The federal judiciary
and completely are the State courts nuhsd, that ua
satisfied judgments obtained IN III IN hy creditors
rested and vacated an1 he plaintiff Oh; into the r..
deral court establish hs claim under the penalty OF
seeing i! forfeited This is carrying he bankrupt sys.
TEN beyond its range. Within lis sphere, acknow-
ledge il may invade and supcrsede the Stale courts:
admit its supremacy 10 the extent o! The lar operations
ola bankrupt system. Coninr the system lis sphere,
and within that it overfdes the State Ia and the State
courts Conine it to the settlement Of questions in
bankruptcy arising under real baaliup. ,aw, and all
is fair but it IS absurd ami prcpos;erous 70 think Of
drawing NIL The dealings between ncga5l. and neigh
Dor into the vortex OF these courts under The assumption
Of establishing bankrupt system. For this reason IL
addition the others the act Is unconstitutional, Gull
and void To sum all mp in few words, belev, 10
be unconstitutional
First Because !; is not a bankrupt system - !.
the meaning OF that term used IN the Constitute.
S.coady S-caVsn il i I'll nsolyent Law, and - IL
tina, respect, SION Of the rights Q: the States
pass such laws
Thirdjs Because II il property law and snch
State the Congress Of the L. ; has any right 10
pass.
Fourtly. Because it is INVASION :: State jurisiic
tion iii drawing into the Federal judiciary the trial
causes properly trabe in the STATE tribunals.
Our umamo at. proceeds upo.. the Sc'eme n. making
two sorts Of Bankruptcy voluntary and he oiher
involuntary; and III dong So las made all voluntary;
for the merchants und Traders bankers AMI bro
kers who made subject 10 Involuntary bankruptcy
at the suit of their creditors have yet the privilege o
being voluntary hankrupts upon their hook. aat
certainly will choose their time 10 anticipate tier
creditors, and commence proceedings when i, suits
themselves. Besides, the distinction is nothing Tor
except in The frs. step, all the rest Of the proceedings
are the same. Every subsequent step. after the first
petition, The ana the iHhl Certificate IS cfua
granted III both by the court alone and withog,
the consent Of the creditors TINS shows that t,Is IN
voluntary bankruptcy, IL called is illnsio
and sham that al is voluntary II The debtor chooses
make IT so and whether lie does not the = nr!c
proceeding precisely the VIII. The exception ~
| filing the first petition.
| And now, for his thing called voluntary bank.
rupcy. deny its existence IN any code Of bankrupt
in the world and challenge s authors 10 produce 's
like. | DO this with full knowledge Of The sixth aud
seventh sections of the nt the sixth Of George w
for the consolidation sn5 snpliscaon Of the bank
rupt acts | know these sections and tina, this ol
assumes 10 be founded upon them but il bad as we'll
| assume 10 be founded upon The Koran. There IS no
earthly similitudc homnrenialy between them
They aliens and strangers 10 each other. Nhata
the provisions of this act OF George ~? Simply per
mission to the merchants traders, bankers, brokers and
money dealers which the act makes subject 10 bank
ruptcy simply permission 10 them 10 invite their
d,ors TO treat them bankrupts by making judicial
declaration and gazette notification, Of their insc
yency. II IS nothing but permission for ar insovent
trader 10 commit an act Of bankruptcy, upon which
their creditors may sue OFT their commission II they
please and that within briefly limited time; # they
do the rest If the proceedings precisely the
other cases; ifthey do not the act stands Tor
thing, and draws no consequence after II.
Here the sections; listen 10 them and hear what
they say:
trader shall file in the Office of the Lord Chanceors
Secretary Of the bankrupts, declaration in writing
signed by such trader and attested ~ attorney
llclor, that ne is nsolvent unable TO meet his
gagements, the said Secretary Of hankrupts his de-
putty shall sign memorandum that such declaration hath
been filed; which memorandum shall be authority for tie
printer Of the London Gazette 10 insert advertise
ment of such declaration therein; and every such drcia
ration shall after such advertisement inserted a!ore
said, be act of bankruptcy committed by such ira
der at the time when such declaration filed but
commission shall issue therempon unless II be sued OUT
within two calendar months next after the insertion OF
such advertisement, and unless such advertisement shall
have been inserted in the l43ndon Gazette within Ugh,
days after such declaration filed. And docket
shall be struck upon such act Of bankruptcy before the
expiration Of four days next after such insertion Of such
advertisement, in such commission IS TO be execu
ted in London or before the expiration Of eight days
next after such Insertion IN case such commission IS to
be executed in the country; and the Gazette combining
such advertisement shall be evidence 10 be received OF
such declaration having been filed.
Sec 4 ind bc u tnrtaer onacfed, That no commis-
sion under which the adjudication shall be grounded
the of bankruptcy, being the fling of such declara
ton, shall be deemed nvad BY Of such drclara.
ton having been concerted agreed upon between the
bankrupt and any creditor or other persons
These are the sections Of the act of George ~,
which have been relied upon 10 Justify the anomalous
act Of extra session. [ know of nothing else 10
which DC referred, land this is forty years pos;c
rior 10 our Declaration 0. Iudependcncr certain
y there never more gross and fragrant mlscoB-
ccpon Of thing than OF these two sections. They
nothing but what have stated them TO be, and read
them to be; mere permssions 10 nsolrent trader 10
commit specified act Of bankruptcy, and 10 DO H. u
he peases, upon consultation with his friends and cred
TORS but which act lies dormant, md dies within tao
months, unless the creditors choose 10 proceed upon H.
And in that they are to take out cotrnrsson and
proceed i'll every thing precisely in the case CT pro
ceedings commenced by themselves upon any other act
Of bankruptcy enumerated in the statute. The idea Of
voluntary bankruptcy such We have established here
entered the head Of English Parliament and
here it entirely 10 the diseased state Of the
times, and to the rghtful conjunction of banking I'd
politics, and mixing up The business Of the COL
with the Federal elections.
The I'LL was brought in By The Senator from Missi-
spp, in :lie sea- i'r. lenderson;) but he was -.
the authcr OF it. i conceived and drawn up be-
fore the Presden. election to catch the votes of The
100000 PERSONS Cs it was believed, who wanted its
benefit but It Nc, passed before the election and
should have been passed 1t isl rghtful result
Of mixing the elections with tlr business Of the coun-
try-or making political capital nut Of private rsht-or