Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
The first debate in which Mr. Buchanan took part related to a bill,
introduced by General Smith of Maryland, making appropriations for the
Military Establishment. This discussion, which took place on the 9th and
11th of January, 1822, was an excited one, from the inner motive of the
opposition to the bill, which was aimed at the supposed aspirations of
Mr. Calhoun, the Secretary of War. In reference to the Secretary Mr.
Buchanan said: “I have no feeling of partiality for the Secretary of
War, nor of prejudice against him. I view him merely as a public
character, and, in that capacity, I conscientiously believe that he has
done his duty.” After a sharp reply from Mr. Randolph, the bill was
passed by a very large majority, the members of the so-called “Radical”
party alone voting against it. There very soon occurred another debate
which is of greater importance, since it marks the direction which Mr.
Buchanan’s mind was beginning to take on the subject of Federal powers
and State Rights. This was the occasion of the introduction of a
Bankrupt bill.
Prior to this time, Congress had but once exercised the constitutional
power “to establish uniform laws on the subject of bankruptcies
throughout the United States.” This was in the Bankrupt law of 1800,
which was repealed in 1804. Of the power of Congress to legislate on the
subject of “bankruptcy” there can of course be no doubt, since it is
expressly conferred. But there has always been a doubt respecting the
true construction of the terms “bankruptcy” and “bankrupt.” Following
the English system, the Act of 1800 rejected the idea that these terms
include all “insolvents,” of all occupations, and confined the meaning
to “traders,” or mercantile insolvents. Here, therefore, was one very
serious question in interpretation to be encountered; for although the
measure, of which some account is now to be given, contemplated, as it
was first introduced, none but commercial insolvents, it finally turned
upon an amendment which would have made it applicable to all classes of
insolvent debtors. In either aspect, too, it brought into view the
contrasted functions of the Federal and the State courts, in the
enforcement and collection of private debts.
Public-domain text, read in full here on John Shaqi.
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