Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850Benton, Thomas Hart
History
Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850
Benton, Thomas Hart
United States -- Politics and government -- 1815-1861
"Now, Mr. President, it is certainly true that the constitution
authorizes Congress to establish uniform rules on the subject of
bankruptcies; but it is equally true, and abundantly manifest
that this power was not granted with any reference to currency
questions. It is a general power--a power to make uniform
rules on the subject. How is it possible that such a power can
be fairly exercised by seizing on corporations and bankers,
but excluding all the other usual subjects of bankrupt laws!
Besides, do such laws ordinarily extend to corporations at
all? But suppose they might be so extended, by a bankrupt law
enacted for the usual purposes contemplated by such laws; how
can a law be defended, which embraces them and bankers alone? I
should like to hear what the learned gentleman at the head of
the Judiciary Committee, to whom the subject is referred, has
to say upon it. How does the President's suggestion conform to
his notions of the constitution? The object of bankrupt laws,
sir, has no relation to currency. It is simply to distribute the
effects of insolvent debtors among their creditors; and I must
say, it strikes me that it would be a great perversion of the
power conferred on Congress to exercise it upon corporations
and bankers, with the leading and primary object of remedying a
depreciated paper currency.
"And this appears the more extraordinary, inasmuch as the
President is of opinion that the general subject of the currency
is not within our province. Bankruptcy, in its common and just
meaning, is within our province. Currency, says the message, is
not. But we have a bankruptcy power in the constitution, and
we will use this power, not for bankruptcy, indeed, but for
currency. This, I confess, sir, appears to me to be the short
statement of the matter. I would not do the message, or its
author, any intentional injustice, nor create any apparent,
where there was not a real inconsistency; but I declare, in
all sincerity, that I cannot reconcile the proposed use of the
bankrupt power with those opinions of the message which respect
the authority of Congress over the currency of the country."
Public-domain text, read in full here on John Shaqi.
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