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
But, sir, I am not yet done with my answer to this question; do
such laws ordinarily extend to corporations at all? I answer, most
decidedly, that they do! that they apply in England to all the
corporations, except those specially excepted by the act of George
IV.; and these are few in number, though great in power--powerful,
but few--nothing but units to myriads, compared to those which are
not excepted. The words of that act are: "Members of, or subscribers
to, any incorporated commercial or trading companies, established
by charter act of Parliament." These words cut off at once the
many ten thousand corporations in the British empire existing by
prescription, or incorporated by letters patent from the king; and
then they cut off all those even chartered by act of Parliament
which are not commercial or trading in their nature. This saves
but a few out of the hundreds of thousands of corporations which
abound in England, Scotland, Wales, and Ireland. It saves, or rather
confirms, the exemption of the Bank of England, which is a trader
in money; and it confirms, also, the exemption of the East India
Company which is, in contemplation of law at least, a commercial
company; and it saves or exempts a few others deriving charters of
incorporation from Parliament; but it leaves subject to the law
the whole wilderness of corporations, of which there are thousands
in London alone, which derive from prescription or letters patent;
and it also leaves subject to the same laws all the corporations
created by charter act of Parliament, which are not commercial
or trading. The words of the act are very peculiar--"charter act
of Parliament;" so that corporations by a general law, without a
special charter act, are not included in the exemption. This answer,
added to what has been previously said, must be a sufficient reply
to the senator's question, whether bankrupt laws ordinarily extend
to corporations? Sir, out of the myriad of corporations in Great
Britain, the bankrupt law extends to the whole, except some half
dozen or dozen.
Public-domain text, read in full here on John Shaqi.
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