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
It shows that,
even in England, a bankrupt law has been confined to a single class
of persons, and that class a banking company. And here I would be
willing to close my speech upon a compromise--a compromise founded
in reason and reciprocity, and invested with the equitable mantle
of a mutual concession. It is this: if we must follow English
precedents, let us follow them chronologically and orderly. Let
us begin at the beginning, and take them as they rise. Give me a
bankrupt law for two hundred years against banks and bankers; and,
after that, make another for merchants and traders.
The senator from Massachusetts [Mr. WEBSTER] has emphatically
demanded, how the bankrupt power could be fairly exercised by
seizing on corporations and bankers, and excluding all the other
usual subjects of bankrupt laws? I answer, by following the example
of that England to which he has conducted us; by copying the act of
the 30th of Edward III., by going back to that reign of heroism,
patriotism, and wisdom; that reign in which the monarch acquired as
much glory from his domestic policy as from his foreign conquests;
that reign in which the acquisition of dyers and weavers from
Flanders, the observance of law and justice, and the encouragement
given to agriculture and manufactures, conferred more benefit
upon the kingdom, and more glory upon the king, than the splendid
victories of Poictiers, Agincourt, and Cressy.
But the senator may not be willing to yield to this example, this
case in point, drawn from his own fountain, and precisely up to the
exigency of the occasion. He may want something more; and he shall
have it. I will now take the question upon its broadest bottom and
fullest merits. I will go to the question of general power--the
point of general authority--exemplified by the general practice
of the British Parliament, for five hundred years, over the whole
subject of bankruptcy. I will try the question upon this basis; and
here I lay down the proposition, that this five hundred years of
parliamentary legislation on bankruptcy establishes the point of
full authority in the British Parliament to act as it pleased on
the entire subject of bankruptcies. This is my proposition; and,
when it is proved, I shall claim from those who carry me to England
for authority, the same amount of power over the subject which the
British Parliament has been in the habit of exercising. Now, what
is the extent of that power? Happily for me, I, who have to speak,
without any inclination for the task; still more happily for those
who have to hear me, peradventure without profit or pleasure;
happily for both parties, my proposition is already proved, partly
by what I have previously advanced, and fully by what every senator
knows. I have already shown the practice of Parliament upon this
subject, that it has altered and changed, contracted and enlarged,
put in and left out, abolished and created, precisely as it pleased.
Public-domain text, read in full here on John Shaqi.
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