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 senator from Massachusetts [MR. WEBSTER] demands whether
bankrupt laws ordinarily extend to corporations, meaning moneyed
corporations. I am free to answer that, in point of fact, they do
not. But why? because they ought not? or because these corporations
have yet been powerful enough, or fortunate enough, to keep their
necks out of that noose? Certainly the latter. It is the power of
these moneyed corporations in England, and their good fortune in
our America, which, enabling them to grasp all advantages on one
hand, and to repulse all penalties on the other, has enabled them
to obtain express statutory exemption from bankrupt liabilities
in England; and to escape, thus far, from similar liabilities in
the United States. This, sir, is history, and not invective; it is
fact, and not assertion; and I will speedily refresh the senator's
memory, and bring him to recollect why it is, in point of fact,
that bankrupt laws do not usually extend to these corporations.
And, first, let us look to England, that great exemplar, whose
evil examples we are so prompt, whose good ones we are so slow,
to imitate. How stands this question of corporation unliability
there? By the judicial construction of the statute of Elizabeth,
the partners in all incorporated companies were held subject to
the bankrupt law; and, under this construction, a commission of
bankrupt was issued against Sir John Wolstenholme, a gentleman of
large fortune, who had advanced a sum of money on an adventure in
the East India Company's trade. The issue of this commission was
affirmed by the Court of King's Bench; but this happened to take
place in the reign of Charles II.--that reign during which so little
is found worthy of imitation in the government of Great Britain--and
immediately two acts of Parliament were passed, one to annul the
judgment of the Court of King's Bench in the case of Sir John
Wolstenholme, and the other to prevent any such judgments from being
given in future. Here are copies of the two acts:
FIRST ACT, TO ANNUL THE JUDGMENT.
"Whereas a verdict and judgment was had in the Easter term of
the King's Bench, whereby Sir John Wolstenholme, knight, and
adventurer in the East India Company, was found liable to a
commission of bankrupt only for, and by reason of, a share which
he had in the joint stock of said company: Now, &c., Be it
enacted, That the said judgment be reversed, annulled, vacated,
and for naught held," &c.
SECOND ACT, TO PREVENT SUCH JUDGMENTS IN FUTURE.
Public-domain text, read in full here on John Shaqi.
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