Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2) — John Shaqi
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 close of the war, in 1815, was followed by extensive financial
embarrassment among the commercial classes. The merchants of
Philadelphia suffered severely during the five years which succeeded the
peace, and it was by one of their Representatives, Mr. John Sergeant,
that a bankrupt bill, retrospective as well as prospective in its
operation, was introduced in the House, on the 11th of December, 1821.
On the 22d of January, 1822, the debate was opened by Mr. Sergeant, as
Chairman of the Judiciary Committee. His speech was exceedingly able,
and even pathetic, for he spoke for a large class of ruined men. The
discussion continued until the 12th of March, Mr. Sergeant standing
almost alone in advocacy of the bill, in opposition to George Tucker and
Philip P. Barbour of Virginia, and to Mr. Lowndes of South Carolina. The
latter, although opposed to the bill, did not accord with the strict
constructionists of Virginia. Thus far, the proposed measure included
only commercial insolvents. But on the 12th of March, a member from
Kentucky offered an amendment that included all insolvent debtors, which
was adopted. This, of course, changed the aspect of the whole subject,
and whether so intended or not, finally defeated the bill. Mr. Buchanan
spoke in opposition to the bill on the day the amendment was adopted. He
did not question the power of Congress to pass a bankrupt law. Nor did
he contend that the “bankruptcy” referred to in the Constitution,
necessarily included only commercial insolvents. But there is very
perceptible in his speech on this occasion a tendency to that line of
politics which he afterwards adopted and always adhered to, and which
may be described as a forbearance from exercising Federal powers of
acknowledged constitutional validity, in modes and upon occasions which
may lead to an absorption of State jurisdictions. Thus he said: “The
bill, as it stood before the amendment, went far enough. It would, even
then, have brought the operation of the law and the jurisdiction of the
Federal Courts into the bosom of every community. The bill as it now
stands will entirely destroy the symmetry of our system, and make those
courts the arbiters, in almost every case, of contracts to which any
member of society who thinks proper to become a bankrupt may be a party.
It will at once be, in a great degree, a judicial consolidation of the
Union. This was never intended by the friends of the Constitution......
The jurisdiction of Federal Courts is now chiefly confined to
controversies existing between the citizens of different States. This
bill, if it should become a law, will amount to a judicial consolidation
of the Union.”
Of the general tenor of this sweeping measure, Mr. Buchanan said:
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