Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-04-09

stance to the system established by the British parl,
nent, and, consequently, Congress has not the DOW
to provide for cases of rotuntary BQakrnptcv a. ar
taorzed By this act for the discharge of debto.
without his first obtaining the assent oil fur-fths or
| a majority of his creditors. The conditions Of
Bankrupt law must be complied with Congress
has no power to impair the obligations of coz
tracts; tor the prohibition III. States to pass anv
law mParng the obligations Of contracts affords suf
hcient proof that the trainers ohe Consut on intend
ed to extend the same inhibition to Congress: the RI
press Porfr to pass such laws having been deera
ted; and Congress having power except what -
expressly granted. The Bankrupt systems which ex
listed at The formation of the Constitution never recon-
nzed the principle of abrogang contracts. This law
provided tor the discharge OF debtor from his debts
on his own voluntary application without the consent
OF his creditors, majority of Them and thereby i'm
pa'TS the obligation of contracts, and does that which
II 10 prohibited 10 the States 10 do and which
Congress IS not authorized to do. Those who avaed
themselves OF the benefits of this Bankrupt law are not
only Tree IRON arrest but they have washed themselves
clean OF every debt, and old; and the property
winch they may have acquiredby heirshp, which may
have come TO them from sources which had given them
credit aud led 10 the contracting of the debts or which
may have come some other way, since they have re-
ceved discharge, cannot be touched by any creditor
Tor debt existing at he time of such discharge Bi
the mere operation Of law, and the decision the court
the debtor obtained his discharge from all his inst La
b'ies 1t 10 in vain that call on Congress for its
power to do all this
| The whole spirit of the Constitution favors the con.
struct'on which We put upon The clause, that is re
TERED to for the purpose of iustifying this law Tho
great object IN guarding that Constitution in reference
TO the powers granted to the General Government
was 10 reserve TO each State all powers over ts own
internal regulations The power. how yer to reguats
commerce between the States, was gwen 10 Congress
because ii q matter which concerned all the
States And the Bankrupt system was always a
part OF the commercial policy. The States, and the
States only, have any control over the subject CT in
| sovency.
The injustice Of the law great, and its hardshps
and evils many. According TO the principles of IT, the
principal in any writing obligatory for The payment OF
money, might be dcharged forever from his liability
while his innocent security will have to pay the
ney Under the operation Of this law, the debtor
plaintiff and proceeded against the creditor The Gre
dor bound by the notices of the debtor publish
ed in newspapers and sent by the mail, whether
heard Of or not The expense attending the
adjustment of claim by the poor among u.s. who
far from Federal Court, and whose claims are small
was such as TO deter them from the attempt While
we have no doubt that in some cases. the law
of benefit TO those who deserving, but unor,u
nate-yet the whole tendency of The law build
up state of splendid bankruptcies. And while 1t
afforded little or no relief to the really poor, who
oppressed with debt it enabled the great class of
ravagant deb6rs 10 get clear of their debts live
luxury, and travel in splendor
Not only cid this law invade the ghls Of the States,
by expuDgng State laws and, uncons,i,utionay take
away from the State courts laws which belonged
them and not to the Federal courts execute, but
it also, instead Of extending relief TO Tie unfortunate
and honest portion Of Debtors for The most part
creased their suierings and ADDED to their burdens
and by destroying confidence already crippled gave
velocity to the avalanche of evils which always
nulates in the path OF inordnate speculation and
travagance. There is also something arbitrary and
harsh in the law, passed by Congress- render
utterly inconsistent with the character Of our insttu-
tons and The feelings of our people. They oppos-
ed to every thing that is despotic in legislation What
can be than a decree of the Government de-
claring the just contracts of null and void, where
by is deprived of his rights, and another the
benefit of what does not justly belong to him?
| instructive feelings of justice winch have av
characterized our people, have steadily and strongly
sisted the adoption Of the Of Bankruptcy
which Congress has the power Of passing How lnuci,
more must these high and honorable feelings have been
wounded by this act OF usurpation and injustice This
Wing Extra Session of Congress so memorable for lis
deed; of national injury and degradation not salts
fled with breaking the promises the Wing party had
made TO the country-It invaded the rights of the c
zens of the States ard by attempting 10 pollule their
morals, it counenanced treachery between man and
man. They now asking you second time TO trust
them. But, unless you forgetiul of the past.
mindful of the future, regardless of your Constitution
and the institutions of your recdom unless you pre-
pared 10 submit TO wrongs and TO slavery you
con6dc in those who, for the love of power, have he.
traycd their trusts. L.