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 scale in favor of looking to our own constitution alone for the
extent and circumscription of our powers.
[1] _Preamble to the act of 34th of_ HENRY VIII.
Whereas divers and sundry persons craftily obtained into their hands
great substance of other men's goods, do suddenly flee to parts
unknown, or keep their houses, not minding to pay or restore to any
of their creditors, their debts and duties, but at their own wills
and own pleasures consume the substance obtained by credit of other
men for their own pleasures and delicate living, against all reason,
equity, and good conscience.
But let us continue this discussion upon principles of British
example and British legislation. We must go to England for one
of two things; either for a case in point, to be found in some
statute, or a general authority, to be extracted from a general
practice. Take it either way, or both ways, and I am ready and able
to vindicate, upon British precedents, our perfect right to enact a
bankrupt law, limited in its application to banks and bankers. And
first, for a case in point, that is to say, an English statute of
bankruptcy, limited to these lords of the purse-strings: we have
it at once, in the first act ever passed on the subject--the act
of the 30th year of the reign of Edward III., against the Lombard
Jews. Every body knows that these Jews were bankers, usually formed
into companies, who, issuing from Venice, Milan, and other parts
of Italy, spread over the south and west of Europe, during the
middle ages; and established themselves in every country and city in
which the dawn of reviving civilization, and the germ of returning
industry, gave employment to money, and laid the foundation of
credit. They came to London as early as the thirteenth century,
and gave their name to a street which still retains it, as well
as it still retains the particular occupation, and the peculiar
reputation, which the Lombard Jews established for it. The first
law against bankrupts ever passed in England, was against the
banking company composed of these Jews, and confined exclusively
to them. It remained in force two hundred years, without any
alteration whatever, and was nothing but the application of the
law of their own country to these bankers in the country of their
sojournment--the Italian law, founded upon the civil law, and called
in Italy _banco rotto_, broken bank. It is in direct reference to
these Jews, and this application of the exotic bankrupt law to them,
that Sir Edward Coke, in his institutes, takes occasion to say that
both the name and the wickedness of bankruptcy were of foreign
origin, and had been brought into England from foreign parts. It
was enacted under the reign of one of the most glorious of the
English princes--a reign as much distinguished for the beneficence
of its civil administration as for the splendor of its military
achievements. This act of itself is a full answer to the whole
objection taken by the senator from Massachusetts.
Public-domain text, read in full here on John Shaqi.
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