, 1843-05-06
der his property, rnd ask a discharge

'''S, 'lu Inc ucDlS oi Tie Fr'tt'''S'
annulIed. Nor does the {, n.ri'utr"n
prohibit The States from passing such
laws. New York. PrnnsvIv nir.
L"ui>iIn /. and others now have 'hrm
IN full operation. The insnlvent
l'wS of Pennsylvania are in sub
stance. and to Il treat extent in de-
tail. siinil ,r Ia the act Of Congress of
1871: and no Gnuht furnished s,Hme of
the lie is that were Incorporated INTO
the act. That P, nnsvIvania had
power /" piss these laws no n ev-
er doubted. su Elr as sh. WAS not re-.
srricted by the Cons,uniinn Of The
L. States. TIE Supreme Court held
IN the case o. OGDEN rs. Saunders
ne Whaa. 2I3) that the States re
rtInel the power and cnuld exercise
1t hv law; n | rhlti tie Inv. could op
crate l." discharge The contract be.
tween debtor and cred tors; tIev be.
ny inhabitants uf the particular
Safe nj The date of the preceding.
It tie contact had been made there.
alter pa>slnLih the law: IN such case. the
rar'i' -" n'racr"d subject '" the law.
aud It entered int" contract. The
ease at Bnlr rs. Z ,charie & Turner.
rs Peter, 6 vs. settled the contest
I'd point ot power rrna'n'ng with
II Stascs. I" his Iimi ed extent. Bot
the restrictions depeni on G"n'rAl
principles "i inrrrnari"nal law. and
.,thpr parts a. the GINS itutinn: espe.
c,allv that. WHICH prohibits the States
from passing IN, law importing the
ohI'gati n If conrrarus ~ will b.>e"n
il r~r'crence I" lie lrad ny rasr "n
the subj ct. Of S'urg"s vs.. Cr"wnen
shield a Whra. 1927
What lie States might ir. before
the adopt Ii. n Of the Constitution. may
well bc a-ceria ned. from what ihev
nnw d., III virlure # their restricted
powers. THY may frame Il Bank
rui'r Law ia any form they see prop
er; tins has lever beer qu .s'i"ned.
:" tar rs my knowledge extends:
Tie controversies in The Supreme
Crurr. turn IN the question uhrih-
or the CnI>'tu'ion lnhi'itpl The
81 les. here being Ia acts "f Con-
L'r-S.) f"n I~r-iiatInI on the suhi"ct
"t blukfuptcre>:" wicther tie pow
or MIS- exclusive in C""rre-S. la
he State OF tribunals the debtor
cones in volunfariiy. and forces the
creditor 10 prove hIs deit "r be- bar
red: One NOT tn" raHer. nav "pllv:
The consent "f III. creditors. Nor aav
pr' tinn az item. ia necessary 10 ar-
III" IL y dischn'g" ir"m The con
Ilrnct, of tn. d-btnr; s. lie may have
n p "P"rrv t DIVIDE. md MANY
leh,s Ia anru'. from Which he seeks
4 dr-caar.c. and from wh,ce h" l. DIS.
clargc.l. These prners clearly be-
il,ru. d Ia the State Governments he
Ene C"n.re>s was Invested with
them: and this was done without Inn
TatinI.
The District Court relied conf lent
ly on tn" cr, Und that Congress can
mass no Ia ~ vi ,la'ing contacts; and
mat the clause uf the Constitution
conferred M snch aurhnrity. bpcanSe
the English Bnkru,t laws. by wli"h
the power Is suppose e. he rrs'IIr'-
ed, on'y pc m'tted The contract TO he
annuI ed 1T the election ni t"nr parts
lin five Of the creditors in number and
value; and therefore they annuIIed u
bv "A new contact. This argument
proceeds on the assumption, that n
proceeding in b,nkruplcy can only
b. had at the election; and Tor the
heneh, Of ere iilors: and that every
mlteril ! step. is their joint act, I"
which the Doctor is compelled 10 sub
mt.
For the present it will only he me-
ce<sary t. saw. tina, one prominent
r-n<on why the p'weI Is gwen t.
Congress. was t. secure IN The Pe"-
pc of the United States. "a n PEG.
pie. a unil"rm law. ~ Which a debt
or mirhr he discharged from the n'li-
gl.inn Of his contracts; and his future
acquisitions exempted from his pre-
Vi ,us engagements: thu, the lights Il
debtor anu ere ilt". equally entered
into the mind al the Trainers at the
C %nsri,m,irn. The great object WIS
To- derive the S;atts,f the danger
Gus po,er la a~i"liS'i debts.
Few provi.i"ns in the c. ns'rruti"n
have had more henehcial c"nSe-
~unrnces than This; and the klnd'ed
rnhihirinn on the STATES. that they
sG,m ii pass no las imparIng the ohIi-
cation of contracts. the inh ititan,s
of States producing hr-"Iy must be
ere irtor<; the rn',iiitantS "f those
ina, are consumers will he debtors;
L,Lr,,, I,us nf the Latter STATES