, 1843-05-06
JUDGE cATRoN.s DECISION

the appellant To he di,chtrIeL from
rs deols on the surrender of his prop
erty, according To the Act Of e. n
g'ess OF lS4l. Tue proceeding lie
lng In all respects regular. the Deli
toner moved for his discharge; the
District Court refused Ia grant such
motion; "because it Considered the
Act OF Congress under which sind
hlein asked 10 he discharged from all
his debts. as being against The Com
stItutI'n of the United States; and
therefore the Count had no power 10
grant such discharge"
The grounds al this indse nent. the
Circuit Court is called upon to REVISE.
am relieved from setting forth at
any length the "pIn"n of the DIS
tcIct Judge, because this has been al
ready done IN an "pInion delivered
nv me In the Supreme ,"u't a. Tie
United States NJ lis las; term. when
an attempt was made 10 bring lie
present question before that Court.
/" have It decided for the purpose 0l
this case.
by the Constitution. Congress is
ve>.ed with p~rwe.--"rn eSratliSI. II
inform Lawson The subject OF bank
rup'cIeS throughout the Tn ted
States" The District Judge WAS OF
"pint"n. that the extent of The power
is limited 10 thu principles on Which
the English bankrupt system MAS
founded; and 10 that system the C"n-
vrntt"n referred. when it ador1ej
Tie clause ;.bove recItrd, Tor as def
nrri,u. That system pn"vrt-d pro
ce'nrns by i or hi'or ng0i"sia d. bt-
or, wi:n WIS rnier;t dist; ibniI"n
OF a hankrurl's effects tie debtor
from his Contracts. upon obtaining the
consent -! a given majority al lis
credIrnr>; that II was a pr"cerdI'g
Tor Ghe teaeft uicr. diInr--- he whole
system benz hurdfd on he rrar.c!-
various pats oi q e Country. and VS.
.faRaufenHy m king away wnh his
property. instead oi paving III debts
VITA II. Should Lave the propeitv Ia
ken INV V and piare,i m the hands II.
Iius.ee, "r other rficcrs. With winch
AIS de!j's siUui b. paid. and each of
lIis cle0iIofs, whether absent or prs
,nf. HAN his far dividend: ard thar
the bankrupt law of 1900, is a fair
exposition OF The constitutional pro
vision.
3 iehv: Tlata Bankrupt law WIS
one iv which honr>r cted,tars C euit
free fraudulent debtors wto wrIe
,airrs. t. surrender al Il cir proper
" /" pay rarabIy al their j">t debts.
but that 4 ItN. made snlclv aud e.
ur-lv ir the ,neGi 4 debtors. 1914
which en- bid '!lrm At Their oAn =
l-tcIpn t"as"id uer dcLt>. WIS "p
posed 10 I C wnol- intent, >piIt AID
OBJECT { a haukrupl law.
state thus nu n f the grou ID,
Oh sh Gu NV bro her Jui-es decree
WIS founded, f ON his printed oplnipn.
bee ,nsa this { s. has Mt hern ar-u-
Ell on the part of tue creditors, Tor
whomn no counsel appeared in this
Curt; nor did thrre IN lie Court be-
low, as | am informed. The accnra
cy, industry. and unqresti"ned ahi''ty
OF the District Judg-. have, | do moi
doubt, brought forward the best rea-
sons that exist in support OF the
judgement he gave. Tine tenor and
true spirit of the English bankrupt
laws, such as they were when our
Federal constitution was adopted, he
has given; and agree with him, that
the act OF l94l, in SO far as II per-
mi'ted the debtor. al his own lie Q
irction, 10 come out mo court and
coerce an extinction of his debts and
abroCatinn Of his contracts contrary
to the will of his creditors. ~as in VI
ol ,tion Of the leading pm iPles on
which The English laws were fun l.
ed. Orr laws cnnre nplIlcd a p O.
cerding BY a debtor. against his cred
ilnrs. provided The debtor WIS Insol
vent: By the En- fish Inv, the credit
or alone could oriGinlte the proceed
ing; and it alaitered not. whether the
defendani was ln>"lvent ar otherwise.
il he d d the frsuluieur act. It made
hun a bnkupt-a fraudulent ira Ter.
Then hy the Eug'ish larNs-""
frau tulent Ha3e," could "niv tie Il
la krupt. With HIM H~ drhl"r, aud
with h,. creditors. could courts deal.
and Ibis, al the eleciI"n of the credit
nrs--ti,e debtor havInr no et"ct"n.
Ia ask f.,r di,tritnrinn. or Tor Il DIS
char.e from hIs debts. II the pow
er Inferred on Congress; cares
with il these restrictions. then me
District Cou't properly 'eiused =" ds-