, 1843-05-06

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extent occurred. and WAS f'e-h in u e
mindS Of thu franicrS of the Cons ,tu-
ton; and n" doubt II w"iIi again
occur in some of the Siates. hut f"r
the Constitute nrl pr visions nn,!lrr
c'n>iderLri n, standing in The way Of
ahrogaiIng tie prIva'e Contracts OF
non-resdants.
But if ngreSs passed the law. it
mist I've uniinrin lhruu thout the Unit.
ed States; there The entire people are
equally represented and have the
power I" protect themselves a%gains,
mistaken and hns,v lrgislati, n. nv
its rere'l, if found oppressiv. in
practice.
Legislation hv Con-re<s. on the
subject If bankruptcies. is "f much
less C. n~srqrence. ri'an lis prohibition
an the pari Of the Strtes. They can
pass n" law affecting nrn-rrsidant.
because no jurisdiction eAis's Of ms
person; they can impair no contract
made out "f the State. because i,
WAS NOT nude subject TO the State
insolv.nt INV. The power as i,
srarIs restricted hv the decision in
Ogden W.. Saunders is aim 'Sr h,rm.
less: those whom the st [. btnkrnpi
law can effect have the popular vote
m the State Legislature. aud NAV us
existence. rs he c'nrnt lie affected
nv it. further than that The de,t"r
may he d-prre ell of his rrrprrtv.
Another reas n why Co 'yrrss Wa
vested with The p'ne". WIS Ia pre-.
We dang"rnn> conflicts If iuri>ir.
! ton anu n The Sia'e-. A di>ririr-p
N one sNer.iLntv from Contract. i.
by Ihr laws Of nations not recnrn z
ed rs 4 di>rh irge in annther snve.
r"i.htv. save on the grounds al ron.
itv; an assignee under the British
bankrupt lIwS, Is mt rer"gn'z Il in
-Li, Country as "wn~r"t The debts Il
Tie bankrupt: and an atr ching cred.
li,o-. or the G,vtrDmrnt. may be dIs-
regude | a il c set up by 'h- i"re'-n
as>i,nee. llrri-nn ". Slerrv -
Cranch 2o3) TIE SAFES III tbs re-.
>r,ct are 70 elm ~ each Other. and
W u'd lie lnir Likely ex chi COM
~ 10 tic ii c~'rnr.es # each ether;
which great confusion II ghl fl
l.ws. ani much Ill vii.
In considering the question hffore
me-. have not Irrien ell I" give Il
definition, ihn' purpose V av"I led any
attempt To drfnr.) the mr." word.
R.xKRuprcr. II i unpl",e ed in tie
Cnustirurinn in III lurnl. and u p"
1T an cxnres>rnr ..rire ,,'hj"rI "fhank-
urtries:" tie IDEAS attached t" the
word in this connection are nnnIer-
"us md c"mplira'ed: ia Y form a
Subj,ci Of most extensive mo com
~p'rca'ed l-ti>lati"n; al this .%u'l"r'.
Congress has z n~rrI ju'i>drrri N:
and the true inquiry Ito whit IL II
its i tn :, jurl<d CT n restricted!
] h"ld. i, .xrrnd> T. all cases, where
he law caus.s to be ii~lrIhu'rd II"
praperrv OF the debtor arong hIs
CREDITORS: This Is lis las, limi'. Its
greatest. is a discharge Of the debtor
iro his contracts. Anda III In'ernr-
dat lc.i.l ,Inn. affecting substance
and form. hu. tending la further the
c,eat ends nf tie suij"r,-di>rti.Jr-
lion, and discharLe--are in the 6. m
~pei.ncv. and discretion al Congress.
With The policy of 4 law, letting
in all classes. others rs well IA ira
ders; and permitting the bankrupt to
come in Voluntarily. and be ~dlsrharg-
ed without the consent of his credit
ors, the courts have no concerns: II
belongs 10 The law mixers.
have SPOKEN of State bankrupt
I,ys. deem every State law, n
b,nkrur, law. in substance AMI fact.
that causes - he distributed hy a hi
hnna!. the properly of adrbt"r anon"
his credit,rs AID IL Is eSrecl,llv
>urh, if it cau.ss the debtor t. he dts
ch,rrrd from his roairac's; within
the limits p]ro-crI!e! by IN" rase ~
Ori,n ~. Sanders. Such a lew
nav br den"mina'ed an 'n$',en'
: lau ;stll II deals directly w,'h The sub
ieci ni bankruptcies. and Is n phhk-
ruvt law. in the sense of The "n-t-
lotion: AID if Congress should pass Il
similar Inv, II would sus""nd The
Stale law. whilst tie act of C"ngfesS
c ,nrinu. d in force.
Thi< Court. de"ming the act "i
tI94l. :, n.isturinnal. il i ordered.
that The DECREE "I the District Court.
di.m;ssing the proceedings, he rrvrrs
ell; and The peu'i"ner Klein be dis
charged from his debts, and receive
his certificate. The same order is d.
recreI. in the case Of Christopher
Rr"d.s dis missed also on 'n>,iin-
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