The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-01-24
q xuo1cIoJs RANKRUPr LAW.


To begin with, the Constitution of the
Emitted States provides that the Congress
shall have power to establish uniform laws
on the subject of bankruptcies throughout
the United States" That settles the consti-
rEutionsIity of the matter. The simple TACT
that the Constitution confers upon Congress
the power to do a certain thing is proof posi-
tive that that certain thing ought to be done
when circumstances are such as to require 1T
70 be done. This power of Congress to es-
tabIish unifjrm laws on the subject of bank
ruptcles is the same as that TO
collect taxes, borrow money, regu-
late commerce, etc. 1t is one
of the powers to be exercised when circum-
stsnees are such as to require its applica-
ton. 1t will not do to say that there exists
zonecessity for the exercise this power now,
nor will it do TO assert that Congress Is not
qualified 70 enact iudiciOus bankrupt law.
Nor yet, will it answer the demand to assert
that there are not thousands of cases IN the
United Staies-meritorious cases-of banK-
ruptcy, which ought to be settled In a
Court specially provided for their adjudica-
ton 1t may be said, and doubtless with
much truth, in gard to the bankrupt laws
hitherto enacted, that they were defective.
We do not doubt it. But we hold it to be
directly at variance with every sentiment Of
Justice, because defective laws have been
enact that further efforts shall not be
made to frame laws which meet the re-
sTuirenents of Government. the experience
Halted Ofatoa in aractinD and rPDpal-
ing bankrupt laws ought to be OF great
value t. legislators IN framing another law
for the settlement of bankrupt estates;
and since the Constitution con-
fers power upon Congress, and since
IL IS well known that an absolute
necessity exists for its exercise, we are clear
Iy of the opinion that general bankrupt
law ought to be passed. We are aware that
the objection is made to all bankrupt laws
that dishonest men take advantage of them
70 defraudtheir creditors. Iflegislators were
to act apoa such an objection, or urge 1t as
q reSsOn for 90 action at all, their mission
would be gone forever. No one expects an
fnfaIIibIe law regulating human affairs IN
any department. 1t is impossible, however,
with experiences, Ns-~-
helps which the age affords, to
approximate justice, and no greater
insult could be offered the law makers of the
land than 70 object to a general bankrupt
law because forsooth, it will not be periec-
ton in ali of its provisions The question
at once arises, are honest men to be denied
relief because bsd men may sometimes es-
cape the punishment due their act? Are
honest bankrupts to be held 10 everlasting
bondage because here and there villain
will work through the meshes of the law
The figures show that since 1869 there have
bsen about $1,000 failures in the United
ssxkss- It is not to be cup
,osed that majority of these
failures were dishonest, In vast majority
n cases the unfortunates gave up their
er.ssss 60 their creditors and went forth ut
terry broken down in fortune, having moth
inc left but their ability to rise again, pro-
xided, after giving up all, they could De re-
lieyed of the burden of debt. And Just here