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
I have already shown, in my rapid view of English legislation on
this subject, that the Parliament exercised plenary power and
unlimited authority over every branch of the bankrupt question;
that it confined the action of the bankrupt laws to a single class
of persons, or extended it to many classes; that it was sometimes
confined to foreigners, then applied to natives, and that now it
comprehends natives, aliens, denizens, and women; that at one time
all debtors were subject to it; then none but merchants and traders;
and now, besides merchants and traders, a long list of persons who
have nothing to do with trade; that at one time bankruptcy was
treated criminally, and its object punished corporeally, while now
it is a remedial measure for the benefit of the creditors, and the
relief of unfortunate debtors; and that the acts of the debtor
which may constitute him a bankrupt, have been enlarged from
three or four glaring misdeeds, to so long a catalogue of actions,
divided into the heads of innocent and fraudulent; constructive
and positive; intentional and unintentional; voluntary and forced;
that none but an attorney, with book in hand, can pretend to
enumerate them. All this has been shown; and, from all this, it is
incontestable that Parliament can do just what it pleases on the
subject; and, therefore, our Congress, if referred to England for
its powers, can do just what it pleases also. And thus, whether we
go by the words of our own constitution, or by a particular example
in England, or deduce a general authority from the general practice
of that country, the result is still the same: we have authority to
limit, if we please, our bankrupt law to the single class of banks
and bankers.
Public-domain text, read in full here on John Shaqi.
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