Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
In the commercial world, the honest, though unfortunate merchant, had
nothing to fear from his creditors. A long experience had shown that
the mercantile world felt with sympathy and acted with magnanimity to
the unfortunate. In addition to these objections, it was urged that the
bankrupt law was injurious, as it enlarged the sphere of the Federal
courts. The constitution was a system of compromise. Many powers were
given without a view to their immediate exercise. It did not, therefore,
follow that, because the power given to establish a uniform system
of bankruptcy was given, it must now be exercised. The powers of the
General Government, if not too great, were sufficiently great. It became
Congress, therefore, neither to take from nor add to the powers of the
State courts. To increase the powers of the Federal courts, through the
operation of the bankrupt system, was to derogate from the powers of
the State courts. The State tribunals were weak enough, without thus
trenching upon them.
The authorities under this law not only went to enlarge the powers of
the Federal Government generally, but particularly to the extension of
executive power. The appointment of Commissioners of Bankruptcy was an
additional weight thrown into the scale of executive patronage. The
power of that department ought to be viewed with an eye of jealousy, and
the House, however willing to allow to it the enjoyment of all fair and
necessary power, ought vigilantly to guard against its undue increase.
It might be answered that this evil might be removed by placing the
appointment of the Commissioners in the hands of the courts. But this
would not be the effect. The Judicial Department, in the aspect of its
political weight, was not to be contemned. So long as it remains, as
fixed by the constitution, it will rest for support somewhere--it will
naturally ally itself to some other department of the Government, and
the inducements to such alliance will be most naturally held out by
the Executive; but however peculiar circumstances might at this time
indicate otherwise, such a tendency was a kind of political gravity,
which, however it might for a time be checked, would eventually exert its
influence.
On the other hand, the opponents of the repeal observed that the
silence of the public on the subject indicated neither hostility nor
opposition to the present system of bankruptcy; if it indicated any
prevailing sentiment, it was that of confidence in the judgment of their
representatives. If the system really was so unpopular as some gentlemen
had represented it to be, their tables would ere this have been covered
with memorials for its repeal, whereas not a single petition to that
effect had been presented during the session.
Public-domain text, read in full here on John Shaqi.
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