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
The more legislation the more construction; the more
statutes Parliament made, the more numerous and the more various
the judicial decisions; until, besides merchants and traders, near
forty other descriptions of persons were included; and the catalogue
of bankruptcy acts, innocent or fraudulent, is swelled to a length
which requires whole pages to contain it. Among those who are now
included by statutory enactment in England, leaving out the great
classes comprehended under the names of merchants and traders, are
bankers, brokers, factors, and scriveners; insurers against perils
by sea and land; warehousemen, wharfingers, packers, builders,
carpenters, shipwrights and victuallers; keepers of inns, hotels,
taverns and coffee-houses; dyers, printers, bleachers, fullers,
calendrers, sellers of cattle or sheep; commission merchants and
consignees; and the agents of all these classes. These are the
affirmative definitions of the classes liable to bankruptcy in
England; then come the negative; and among these are farmers,
graziers, and common laborers for hire; the receivers general of
the king's taxes, and members or subscribers to any incorporated
companies established by charter of act of Parliament. And among
these negative and affirmative exclusions and inclusions, there
are many classes which have repeatedly changed position, and found
themselves successively in and out of the bankrupt code. Now, in
all this mass of variant and contradictory legislation, what part
of it will the senator from Massachusetts select for his model?
The improved, and approved parts, to be sure! But here a barrier
presents itself--an impassable wall interposes--a veto power
intervenes. For it so happens that the improvements in the British
bankrupt code, those parts of it which are considered best, and most
worthy of our imitation, are of modern origin--the creations of the
last fifty years--actually made since the date of our constitution;
and, therefore, not within the pale of its purview and meaning.
Yes, sir, made since the establishment of our constitution, and,
therefore, not to be included within its contemplation; unless
this doctrine of searching into British statutes for the meaning
of our constitution, is to make us search forwards to the end of
the British empire, as well as search backwards to its beginning.
Fact is, that the actual bankrupt code of Great Britain--the one
that preserves all that is valuable, that consolidates all that is
preserved, and improves all that is improvable, is an act of most
recent date--of the reign of George IV.; and not yet a dozen years
old. Here, then, in going back to England for a model, we are cut
off from her improvements in the bankrupt code, and confined to take
it as it stood under the reign of the Plantagenets, the Tudors,
the Stuarts, and the earlier reigns of the Brunswick sovereigns.
This should be a consideration, and sufficiently weighty to turn
Public-domain text, read in full here on John Shaqi.
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