New-York daily tribune., 1843-01-31

sopy 70 o1r ou Stat. t5e1 pracai operation gfye
merchant n xsz York swept by caa-.y. WlEh. Dc
c1lpelea 70 gay -aos- Gsb.s 70 the merchant u Fc
pol wits hs 6osse c1e1or rEas be estged to reeve
miserable dTvTdene Of PER ceE CT posPs ncihins
Z; all
TIE e,s =: oc- ox ct;zezs II happ-as Ie 1c
wEic. separates us 7oss New jersey, or Pennsylvania or
Ye-1soa,is srrsssd, Z may be be : arrested II Ea-15
process OFT ci United States Courts q hss state
JoGrts and coupeeo o0t CT hS o~R iiGre earnings 70
pay The fn.-igcp creditor tte utmost ssrttiag-
Srca grp=s inJnsijce WHICH wrought and El1ss
ever 5e roagbt By Staic systems independent o.
seoeaI law. fts crying ey existed unceT bacEr1pi
1754 beo-- h- C0ns.1isoa sTGl-c- II ezsstrs
ofser br al that early Gay, Bankrupt Or
.asa.seE- lszs silar oTa lad been Passei The
.rrtruss OF t:s eT saong the cducgas-ts F' iea
p-oplc OF e Siai-s 10 eneT ia:o tae FesFi C5on-
Tn- Delegates tie Convention c 'S1 .hsch orLed The
Fierzi Consi1tion. vent from The n,cs OF the GEc1s
home n Bankrupt laws ssd t= ItJ9s,lee produced
BIZ their local and !.4.-G operation ibe provision
serted n ,e Corsctgtoa by tEecs, aimed
nary prospective bar al actual eIsn evils OF sch
tseT had mad ezp-7isoce hore and wnen Iey
Laws le oi SsnSrupIcy. t5cy ret<rTed a1i
10 asy torega sss ~hch they kzeg ns;hfpy, bai 20
iheIr osn Slae laws with WHICH tey conve-szz-
ae ops ratio. winch ey had witnessed Their object
was aot 70 sIodace Jaws, but s.npy By the gear
cover OF Ccreres. 10 gre 20 tie ALREADY existing provI
eas O: The State laws pcrvzs1g eac5 throughout lhs
me in mind thar .he obnoroas f.au-es point
ed al by The Gov-rporke -ogntarg ele aod The es!ea
siea Gil p-ysen: ao fssSs-ezfied IL ali TIC state
laws On the subject OF BaDkruicle al thai e and were
perfectly familiar the people. The moment Congress
passes Bankrupt law the Srae Bankrupt laws are SIS
oritng ess festcTe sSou!d OF The people pdI priv
eges which they had eGoyed tnna the earnest uzle u
il friend OF STATE rgnts ihat coap OF Ia" 81 o
gess Oecause does so thEs interfere With s;ate Lea
ton
TIE English Bankrupt laws f:onl Henry With q Ann
we're par the criminal law The Bsnkr1Pi waste
yarded only dishonesi-s criIlnalr race1lsai man
s1ivag conceal his property rcE h crsoi;ot2 Il ~as
not TIL the Alb and 81; o an ia- lie 1Fs ite u nroEe u
ucon the debtor; all prior 10 thai one c-ns and ron
isw crushing bes ain Tie feet OF tls crsdroTA Ihs;
Law rsl discharged The Gestor from The debt, and by
fcy
gave back society TlIh something 10 5ope to, s1c
lisp 10 i've f. Il Dot; ho until 1874. ,hs. Eus
.nd yieicng 10 tie enlightened Christian spirit OF the
age poTa,-c Ter system the voluntary eare-
she borrowed Il ebe 1aauy s,iatsry
Drov.oas from tie laws Of Ibis country Her sisinie
books xiii s,s that in adyS.ce OF her
gbisne. prascal icgsiai!on aS Sue o. rs 10 r ar
sir I-,ieve may ssy ia trulh tia, there ne now
country earth, where the Ensisn lsnScage Is spoken
in wkch voluntary Bankruptcy not allowed and sane
His E3cslency reasons though The language OF The
unorn baakruyt law whick be csnstfues 70 refer &c
-gle dehnite well existing law. His whole argu
neu Is desro, ed by eeriag 10 The precise language OF
The Cons;iietofCoagress s2ii have power 70 pass aI
form laws on The sub OF bankruptcy They have as
much POKER 10 make new isislHs on the aect oi oahs
rGpcy sdop, those heretofore IN use ihe @noie sa
jee is given 10 tnsn TIE ony inquiry IS what Is bank
rupcy. Oar Dictionaries Tell Us II Is an inability TO pay
II NAY best defined, rfGa 10 pay aTi,lng ether '
fra or iaabiy-wheu from The letIer II called 'Ht2s-
-eney. insolvency The GoyrrB=r supposes, dis
,!nc aiug aaDkruolcy Il IS species oil iCh bank
rupcy i, genus. VIII any raonai b-iHg say tna the
Ia OF Congress law h= tject OF bankruptcy
The jndicai authorities and Uniform Sc
ciarIrg insol.cn law which discharge. the contract
although the instance OF the debtor bankrupt la~
The thirds ac this State pronounced many years
APO by the Supreme Court Of assachue,.s 10 be bank
ruot ac:. similar law OF Pennsylvania held by TIE
T6je states C.cui; Court for TO be bankrupt
Kings Bench OF England. have also OF this very point
tae whening apiho.y Of Marshall WHO 70 illustrate
III, otion that the distinction between bankrupt
sove corld not be Traced, puts tbs very caSe In-
s@lzen, laws, he says al the instance OF an 'r
The IrSfa oOfz
.i,or should of Congress authorize coaulI>
sou bsnkrupcy 10 issue on eappcaton OF debtor
Court would scarcely be warranted III saying thar the law
was unconstitutional The commission Dul,y. The
authority wall strengthened hen II Is observed that the
Gaze pat by that asifloGs ana mos eaatou' oy
way OF rsirston as sell evident proposition winch 10
would conlrovert
The authority Of the present Supreme Court may also oe
adduced in favor The constuiionay OF the isw. For
that every Judge OF ai Coori as Wei as
every District Judge OF the United States has bea called
ihe Cucuil 10 act upon le ia as sdild law ahc
ALL believe, bave done 80 except osy the Dlssct Udge
oil Missouri
Sir repeat that the question Is one al great importance
The Ia will probably brrepeaed at should be eciafed
10 be unconstitutional and VOID. II throws The sn1fs OF
large cS.ns who have taken the oentht o! TIE
law into utter confusion. The bankrupt debtor knows not
where be is-tbe creditor what he has got All IS again
wrerked AID aioat. The debtor IS plunged
INTO an sbyss deeper than that from which he ha. eEaerged
hopes have been rased ooy 10 De e1ngushed ID de-
tho contdent opinions CT his Exc--ncy due
them this opinion manesly erroReors In
..ober noint q; hi the Governor Informs
h pur,u;s haG no especially led lin The examination Of
the questions OF law. confess should have APPRECIATED
that rnodesly had il induced Aim when differing on
r-sl constiyu ionai questions with Story and Thompson and
fancy Marshall have accompanied his opinisn Tiih
some cualifcar0n-sone hint at Tie possibility OF doubL
But uasI hasten with my remarks, lest subject
m, s- 20 tie putatons of exhibiting disposition 10 DISC
bey e njunctisn. E1 ceeDcy adjourn early
cay am fully impressed siik The propr!ety Of despatch
inc she public business with much econouyci t and
noney possible. an deeply interested personally IN
bringing the session early close see 10 necessity
for s cSntuuance longe. than four ave weeks Indeed
sir as perceive that Is determined that nolng IS 10 be
dGe-at warned not 10 medd'e with tie nnsIces
touch internal iTprorenien-in tactic Go hoihng
with any OF srea, Interests o. The STATE Cannot but
,hk the whole session svp.fau0Cs and thai it gai well
have dispensed WIKI Bull rs say iIslruck cie as
thing ii unprecedented, al least extraordinary that The
Executive should ;hu. take upon i.sa 10 school the Legs
,Iure respecting its condlci resting IN It's
own discretion There assumption OF superiority IN
his e;hing which re-
zDd, us OF our schooi5oy days olt-repeated
ianctan OF our get lessons quick anc 90
home, whics quite Inconsistent with any Jrs no
ate departments OF the Government; He might with as
te-n nm how asny ae.sengers We should employ OF
sny eher matters relating 10 the convenience, discipline
and organization OF the House might wita ena de-
cscy advise him the time aad manner 0l making h5
appointments and discargng his Executive duties The
Conultr,on requires the Governor communicate 10 rs
by message the condition Of ase St1te and 10 recommend
for cur legislative actoa such Important matters as be
may derm expedsn but no where contemplated tbst
te Governor should be the guardian OF this
.ieus regulate behaviour and guide our discretion
II pro and becomns IN tbe Governor II eray so
ia the Comptroller He required by law send
an report Following The example Of the Executive
be may sooa greeI WI Recommendation OF rules aad
Orders and mnch kind advice 10 regulate ou-neIpeeEeed
footsteps the ways oflegsaicu SIR, his IS "a itet
very sa matter The advice of lis EIcsilency
lEoceni indeed geodi but the assumption OF the
right OF giving s assumption o. superiority which is
inconsistent i,h The frame OF republican government
IL is violation of the privileges OF TIE legislature the
srrprous presei which essential the
vaoao thai balance between The eql4i and coordinate
departments of Government, the Executive, the Legislative
aad the Judiciary wnc the Constitution las cArrialy
adjusted AMI is 20 soici,ous preserve. do
charge his E1ceeDcy with istenuoual usnrpauou OF
pewer. The remark proceeded from not having suin-
GENTLY considered Ieiaton between the de-
psrtens hut Il The assumption permitted 10 pass wiIh.
aLia-tinl be rrpsatet and eElsrned