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
As a general proposition, I lay it down that Congress is not
confined, like jurists and judges, to the English statutory
definitions, or the Nisi Prius or King's Bench construction
of the phrases known to English legislation, and used in our
constitution. Such a limitation would not only narrow us down to a
mere lawyer's view of a subject, but would limit us, in point of
time, to English precedents, as they stood at the adoption of our
constitution, in the year 1789. I protest against this absurdity,
and contend that we are to use our granted powers according to
the circumstances of our own country, and according to the genius
of our republican institutions, and according to the progress of
events and the expansion of light and knowledge among ourselves.
If not, and if we are to be confined to the "usual objects,"
and the "usual subjects," and the "usual purposes," of British
legislation at the time of the adoption of our constitution, how
could Congress ever make a law in relation to steamboats, or to
railroad cars, both of which were unknown to British legislation
in 1789; and therefore, according to the idea that would send us
to England to find out the meaning of our constitution, would not
fall within the limits of our legislative authority. Upon their
face, the words of the constitution are sufficient to justify the
President's recommendation, even as understood by those who impugn
that recommendation. The bankrupt clause is very peculiar in its
phraseology, and the more strikingly so from its contrast with
the phraseology of the naturalization clause, which is coupled
with it. Mark this difference: there is to be a uniform rule of
naturalization: there are to be uniform laws on the subject of
bankruptcies. One is in the singular, the other in the plural; one
is to be a rule, the other are to be laws; one acts on individuals,
the other on the subject; and it is bankruptcies that are, and not
bankruptcy that is, to be the objects of these uniform laws.
Public-domain text, read in full here on John Shaqi.
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