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
So much for the exemption of these corporations in England; now
for our America. We never had but one bankrupt law in the United
States, and that for the short period of three or four years. It was
passed under the administration of the elder Mr. Adams, and repealed
under Mr. Jefferson. It copied the English acts including among the
subjects of bankruptcy, bankers, brokers, and factors. Corporations
were not included; and it is probable that no question was raised
about them, as, up to that time, their number was few, and their
conduct generally good. But, at a later date, the enactment of a
bankrupt law was again attempted in our Congress; and, at that
period, the multiplication and the misconduct of banks presented
them to the minds of many as proper subjects for the application
of the law; I speak of the bill of 1827, brought into the Senate,
and lost. That bill, like all previous laws since the time of
George II., was made applicable to bankers, brokers, and factors. A
senator from North Carolina [Mr. BRANCH] moved to include banking
corporations. The motion was lost, there being but twelve votes
for it; but in this twelve there were some whose names must carry
weight to any cause to which they are attached. The twelve were,
Messrs. Barton, Benton, Branch, Cobb, Dickerson, Hendricks, Macon,
Noble, Randolph, Reed, Smith of South Carolina, and White. The whole
of the friends of the bill, twenty-one in number, voted against
the proposition, (the present Chief Magistrate in the number,) and
for the obvious reason, with some, of not encumbering the measure
they were so anxious to carry, by putting into it a new and untried
provision. And thus stands our own legislation on this subject. In
point of fact, then, chartered corporations have thus far escaped
bankrupt penalties, both in England, and in our America; but ought
they to continue to escape? This is the question--this the true and
important inquiry, which is now to occupy the public mind.
The senator from Massachusetts [Mr. WEBSTER] says the object of
bankrupt laws has no relation to currency; that their object is
simply to distribute the effects of insolvent debtors among their
creditors. So says the senator, but what says history? What says the
practice of Great Britain? I will show you what it says, and for
that purpose will read a passage from McCulloch's notes on Smith's
Wealth of Nations. He says:
"In 1814-'15, and '16, no fewer than 240 country banks stopped
payment, and ninety-two commissions of bankruptcy were issued
against these establishments, being at the rate of one
commission against every seven and a half of the total number of
country banks existing in 1813."
Public-domain text, read in full here on John Shaqi.
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