Abbildungen der Seite
PDF
EPUB

plied by a constitution which gives security to no to the rights of the crown, and the relation between rights, and least of all, to the ancient rights of the the members and the head of the royal family, will country. Customs and oaths have been alike vio-in future be regulated in a more precise manner. lated, every thing has been sacrificed to the inte

NETHERLANDS.

rest of the moment. The former government, in It is said that regulations, have been adopted in the course of its negociations had recognized the the Netherlands to prevent emigrations from Ger rights of the people; but the present government many to America. Its object appears only to be to has taken a position that dispenses with that re-prevent them from becoming chargeable on the cognition. It will find, however, from the opposi-people.

tion of the states, that this must be eventually The Journal of Ghent states a report, that the impracticable, and that the ancient constitutional concordat is happily concluded between his majesty rights form the only anchor upon which the confi-the king, and his holiness the pope, dence of the people reposes. A constitution which

GERMANY, &c.

is founded upon the interest of the government The first trial of a "revolving steam engine" has alone cannot possibly have any guarantee for its been made at Vienna, and highly approved, for its existence. If, after the adoption of the constitu- simplicity, economy, and lightness. It occupies a tional act, differences arise between the states and very small space.

the government, the government being always the

RUSSIA.

The people of Elberfield have solemnly bound interpeter of its own work, will it not be at the themselves not to wear any stuffs of British manu same time both the judge and party? Who are they facture. that have advised this work? Strangers;―men who have no interest in the welfare of the country or An opinion begins to prevail in England that of the royal family-men whose heads are filled Alexander is not quite to "magnanimous and disinwith the vain theories of despotism, which have terested" as they supposed he was. His movements been adopted and even publicly announced without are viewed with jealousy, but they dare not quarrel having been communicated to the presumptive heir with him. He is silently marching to the mastery of the crown. To a constitution so framed and so of continental Europe, if he does not already posadopted, I must inevitably refuse my consent; and sess it. Turkey has quietly ceded to him the rich 1 declare as the first of the male line, I never will provinces of Moldavia and Wallachia, and it is unrecognize any other constitution save that which derstood that he wants a slice from Austria, which shall have been freely and legally agreed to by the she will hardly refuse, Poland is his own, Prusassembly of the states. sia a vassal kingdom-and the Bourbons are his If, however, the independence and liberty of the slaves. But we feel very little interest in these states do not, in giving its consent to the constitu-affairs-if Holy alliances and legitimate kings are to tion, experience any of the shackels which it has prevail, we had rather that Alexander should be been sought to impose upon them; if the states, in at the top of the wheel than any of the rest of them... guaranteeing the principle of right from whence it He has more sense and virtue in his own person, set out in the commencement of its negociations, perhaps, than the whole stock of all the rest of agree with the government upon the constitution, the legitimates, (not excepting the learned and acI shall adhere to it on my part, because individual complished Guephs) would amount to, collected. rights ought to yield to the public good.

A copy of this letter will be despatched to the assembly of the states, in order that they may know the dispositions of the undersigned.

Prince PAUL, of Wirtemburg. To this letter, the privy council of the king replied in substance as follows:

FRENCH IN RUSSIA.

Mr. James, in his late travels in Russia, gives the official return of the losses of the French army up to the 19th of June, 1813, which amounted to Killed and Wounded. Officers. 144 Prisoners.

Generals.
10

52

2891

ITALY.

Privates.

128,411

186,250

Stutgard, May 20.-The letter of your royal highness relative to the new project of the constitution, contains accusations of so serious a nature, as well against the late king as against the Magnificent monuments of ancient splendor still! present government, that we regard an answer to continue to be discovered in searching the ruins of that letter as a great sacrifice, which we make to Pompeii. Behind the temple which was lately nothe express command of his majesty the reigning ticed, a public building has been found, built at king." The reply then proceeds to state, with re-right angles, 260 Neapolitan palms long, and 120 gard to the charge of the recognition of the rights broad, and surrounded in the interior by a portico of the people having been dispensed with, that the of 50 columns. It is ornamented with beautiful principle was expressly recognized and acted up. paintings, some of which are very valuable; as, on by the king when he laid down as a basis for the among others, one which represents a warrior prenew constitution, not only the work commenced cipitated from a car drawn by a fiery horses. The by his late father, but also all the parts of the an-pavement is a Mosaic, formed in part of small white cient constitution which were still applicable. The and colored stones, and in a part, of large slabs of rights and liberties of the states were not it says marble of various colors. Several inscriptions have in any degree compromised by the manner in which been traced, that ascertained the use of this monuthat assembly accepted the constitution. The re-ment. One of them indicates that the right luminung ply concludes with observing, that the council did obstruendorum, (a right established by the Romav not expect a renewal of that species of interference laws preventing, in certain cases, neighboring prowhich had been formerly exercised by members prietors from having lights or prospects over the of the royal family, under the title of "first of the contiguous estates) had been purchased at the price male line" and of "heirs presumptive," and which of several thousand sesterces. This discovery has tended so frequently to produce dissentions be-afforded new riches to sculpture-several statues tweer, the king and states. The present king it have been found. A Venus, five palms high, and a Jeclares will not suffer an interference so injurious Hermaphrodite, may be placed among the finest spe

cimens of the Greek chissel that have come down and saying they could not meddle with the second, to us. Several distinguished artists think that in determined that the Candor came in a character this Venus they have discovered one worthy to dis-which entitled her, by the laws of nations, to propute pre-eminence with the Venus de Medicis. This tection from civil process, and consequently that opinion, inspired perhaps by the pleasure of disco- this repleven was improperly brought: The court, very, may be before long discussed, as these preci- therefore, decided the repleven to be discontinued, ous monuments of sculpture are to be transported and the vessel to be given to the defendant in the to the Musee Bourbon. In the same place have same state as when the repleven was executed. been found two arms of bronze, adorned with bracelets. The Chevalier Ardite, who directs the search, Halifax, July 2-The following circular letter, hopes to be enabled in a short time, to expose the published by order of his excellency the lieutenantwhole extent of Pompeii, which will probably be a governor, has been addressed to the several collecmine fruitful in objects of the fine arts-French pup. tors of his majesty's customs, as well as to the several collectors of light duties at the different ports

ASIA.

The British frigate Alceste, with lord Amhest, in this province: late envoy to Pekin, on board, &c. was wrecked in the Straits of Gaspar, about the 18th Feb. last: no lives lost.

AFRICA.

The other Tunisian corsair that had been in the British channel, was captured. But both of them, after being conducted out of the narrow seas, were released. It is British law that ships of war shall not hover on their coasts. It is calculated to excite interesting reflections that they themselves have not observed this rule to others.

A Tunisian cruiser was near Corunna on the 9th of May. Two vessels had been seen on fire off' there.

BRITISH AMERICA.

(CIRCULAR.)

Secretary's Office, Halifax, June 24, 1817. Rear-admiral sir David Milne having communicated to his excellency the lieutenant-governor, that the American government had declined to accede to the propositions which have been made to them by his majesty's government, for the purpose of endeavoring to frame some arrangement, by which the citizens of the United States of America might be permitted to a participation of the fisheries within the limits of the British jurisdiction, I have it in command from his excellency the lieut. governor, to apprise you, that American fishermen are not permitted to frequent the harbors, bays or creeks, The grand powder magazine, at Port au Prince, of this province, unless driven into them by actual was struck with lightning on the 19th of June, distress; and I have to desire that you, on no acand blew up-it contained 108,000lbs of powder, count, ask or receive any light money, anchorage, which of course did great damage. And on the or any other fees whatsoever, from vessels belong. 27th, an officer in a fit of intoxication and anger, ing to American subjects. blew up the magazine at Fort Bisseton [Port au Prince] which contained 28,000lbs powder. In this last the officer was the only person killed. More than half the houses in Port au Prince require new roofs.

WEST INDIES.

I have the honor to be, sir, your most obedient servant, RUPERT D. GEORGE, secretary. "SPANISH" AMERICA.

After the capture of Angustura, Boilvar is said to have advanced against the city of Carracaswhich, it was supposed, he would take without opposition.

LAW-CASE-Jamaica, June 13-Soon after the arrival at this port of the Venezulian government schr. Candor, capt. Philipe Estevez, a repleven was issued A brig belonging to the royal fleet at Havana, against her by the agents of her original owners, formerly the Chasseur of Baltimore, returned into who were Spanish subjects residing in the Havana, port on the 5th inst. in a very crippled state, and and from whom she was captured by the Indepen- with the loss of 60 men in killed and wounded, in dents; a motion having been made in the grand an engagement with a Carthagenian privateer. This court to discontinue the repleven, it came on to be vessel was probably the Hotspur, capt. Rapp, since argued on Saturday last: spoken, which had 24 men killed and wounded.

The court considered this matter in three points of view

1st, How far they could permit the plaintiffs to proceed, in a British court of justice, for the recovery and to settle the ownership of a vessel, which, by their own confession, was, at the moment it was seized by the Venezulians, engaged in a traffic which is directly in the teeth of the abolition acts of Great Britain.

A vessel has arrived at New-York that was boarded by the Carthagenian privateer, commanded by Almeida, who put on board of her two Spanish state prisoners taken out of a vessel bound for Cadiz, which he had captured.

The schooner Hannah, of Baltimore bound to La Guayra, with her cargo, was captured within a day's sail of her port by a Spanish privateer, carried to Puerto Cabello, and condemned as good prize. 2d, Whether the court will permit itself to be Mr. Wilson, the consignee at the former, proceeded called upon to decide a great political question, to the latter place, and made an investigation into between Great Britain and the subjects of another the matter, and unfolded a scene of great villainy country, in a state of civil war among themselves, on the part of the captors to make a robbery comwhen the British government itself is maintaining plete-for this he was deprived of his papers, and the most marked neutrality towards both the con thrown into prison by "the worse than savages" tending parties. where he nearly died of disease-but was recover3d, Whether the Candor, coming in a public chaing, and had strong hopes of bringing "these racter from Venezuela, not only with despatches for wretches to condign punishment." the admiral on this station, but with despatches to The royalists are completely driven out of Chili. be forwarded from him to our government at home, which might be of the utmost importance to the mother country, was not entitled rather to the protection of the court than to be considered as subject to be detained by its process, and that particularly at the instance of the subjects of Spain.

The count, without deciding on the first point,

The patriots banished to the island of Juan Fernan. dez have been brought back in triumph. The contest of the Buenos Ayreans with Peru, still goes on, with various success.

Another very valuable ship belonging to the Phillippine company has just been captured off Cadiz by two privateers, one of 20, the other of 10 guns,—

She was captured on the day she left párt. The cannonade was heard at Cadiz, and four days after several of Ferdinand's ships went out to see what was the matter! Among other valuable ef fects she had $200,000 in specie on board. The same privateers had also captured another vessel with 50,000 dollars.

FLORIDA.

Artillery of campaign.
4 4-pounders,

2 6-inch swivels,
4 9-pounders,
4 3 pounders

Total 14.

Artillery of siege.

4 9-pounders,

7 24-pounders,

2 10-inch mortars-Total 13.

Besides 6 additional carriages, 5 forges, axes, tools of every kind, a printing press, 4000 suits of regimentals, 10,000 muskets, 100,000lbs. of powder, 100,000 musket ball, 100 boxes of fixed ammunition for transportation in the interior, &c. &c."

The capture of Amelia Island, by gen. M'Gregor, is certain. He landed his men on the 30th of June, in the rear of Fernandina, marched them through the marsh, breast-deep, and entered the town by capitulation, without firing a gun. There were only about 70 Spanish soldiers on Amelia. He was raOn establishing his head quarters at New St. Anpidly recruiting his little army, and intended immediately to march for St. Augustine, a strong place, dero, by gen. Mina, the bishop of the place celebratand said to be defended by 500 men, where he will ed divine service and caused a Te Deum to be chantprobably liave warm work. He has with him a shiped. This looks well. On the 18th of May the geof 22 guns, and some smaller vessels. The official ca-neral mustered his force and found it to consist of pitulation and M Gregor's proclamations, &c. must be 2000 men, which a day or two after was strengthened by two companies of the royal troops who postponed until our next.

A small military post on St. John's river, called abandoned the cause of Ferdinand. If Mina can Fort Nicholai, was abandoned by the Spaniards, support himself a little while, he will probably acwho escaped in two gun boats, after the capture of complish the liberation of Mexico. Amelia.

John D.

CHRONICLE.

Two schooners were captured at Amelia by McGregor, who has already established a court of admiralty there, with a post office, &c. It stated that the Congress frigate, with an agent Heath, formerly a member of the bar, at Charles of the government, Septimus Tyler, esq. on board, ton, is the judge. A newspaper, in the English is to visit Hayti, and thence proceed to Margaretta, language, is intended to be printed. One privateer St. Martha and Carthagena. The nature of the bu had received a commission at Amelia and sailed on siness to be transacted at those places is not stated. 4000 tons of plaster of Paris was imported into Boston in the last month,

a cruise.

Forty African slaves taken at Amelia, were condemned as prize and sold at auction.

Later accounts say that every thing was tranquil at Amelia. Gen. McGregor was sending off troops to St. John's for St. Augustine, which was closely blockaded by a patriot frigate and a sloop of war they were thought a match for any naval force that Spain has in the western hemisphere.

The governor of St. Augustine, col. Croppinger, is represented as a brave man, and very popular with the people.

MEXICO.

Fifty families of French emigrants have arrived at the Tombigbee, on their way to the Black Warrior, to settle on the tract of land allotted for the cultivation of the vine and olive. They have with them cuttings and scions of choice fruits, &c.

As a proof of the growing importance of the city of Richmond, an instance is cited of a lot of ground which, in 1811, was purchased for $500, that sold in this month for $10,000, and upwards.

[ocr errors]

The pirate Mitchell was lately shot through the body, but not wounded mortally, by some military sent from New-Orleans to apprehend him, in the Letters from gen. Mina's army, dated at Soto la neighborhood of that place. This man has commitMarina, May 16, are published. They detail a cou-ted great depredations in the gulph of Mexico, and ple of little skirmishes he had had with the royal- is reported to have sunk a ship with 80 persons on ists. In one of these col. Pierre, of New Orleans, board, by scuttling her! Many packages of goods, with 60 men, attacked and completely routed with supposed to have been a part of his spoils, have the bayonet, a Spanish force of 250 men, killing 10 been found in the woods and swamps. of them, with the los of two of his own men. The enemy being mounted, escaped.

The following is given as the number of men and amount of ammunition and resources of gen. Mina: "Staff, Guides,

Guard of honor,

Volunteers of officers,
Red hussars,

Blue 'do.

Horse artillery,

1 regt, of Americans

1 do. Mexicans,

1 do.

2 companies of this city,

40

20

50

30

120

40

110

260

240

86

116

1132

Total, Employed in the fort we have 150 workmen, also the crew of a ship of 400 tons. Our number daily increases, and in three months we shall have 10,000 men. The following is a statement of our arms and ammunition:

MONEY. New-York, July 19. Bills on London 1013; Philadelphia bank notes, par; Baltimore dis. Boston a 1, do. Connecticut, Rhode Island and New Hampshire, and the country banks of Massachusetts, from 1 to 2, do. Virginia, 1 to 11⁄2 do. North Carolina, 3 do. South Carolina 14 do. Georgia 2; Louisiana 8.

At Oswego, N. Y. a large company of both sexes partook of a banquet prepared by the ladies, in honor of the 4th of July. The two following toasts were given by two young ladies present:

The day we celebrate-Sacred to virtue, honor and liberty; it is the privilege and the duty of both sexes equally to participate in its joys.

Female loquacity-Satirized by the opposite sex -May it ever be exerted when the cause of our country demands.

Specie. The British packet, Lord Sidmouth, lately arrived at New-York, brought out a large quantity of specie to be invested in our stocks.

Southern Indians. A letter is published in the Savannah Republican, datel at St. M

[ocr errors]

from which it appears that the peopl county, Geo. are abandoning their homes for fear pursue it's future measures with certainty, but may denpoints, which will not only enable the society to of the Indians. The neglect to establish a military also justify the government in affording it's copost on that frontier is loudly complained of The operation in a way most conducive to the success Seminole Indians are remarkable for their ferocity. of the object in view.-To effect this we have GENERAL JACKSON. The life of this distinguished perceived the necessity of engaging a competent officer is published. We have not yet seen the person to visit the settlement of Sierra Leone and work; but a Virginia paper noticing it, says "There other ports of the continent of Africa, and probably is one circumstance mentioned, of which we do not also to spend some time in England. recollect previously to have seen any notice; on the propriety or constitutionality of which the reader will make his own comments. Jackson had heard that the legislature of Louisiana, then in session at New-Orleans, meditated the offer of a capitulation with the British. He ordered governor Claiborne, should such a determination be manifested, immediately to "arrest the members and hold them subject to his further orders:" and the governor, in consequence, paced an armed force at the door of the capitol, and prevented the members from meet ing."

The Ohio. The depth of water, opposite Cincin nati, in the Ohio, was about fifty feet, on the 30th of June. The river was higher then than it had been known for years so late in the season.

The establishment of a powerful company to prosecute the fur trade to the "White Capped Mountains, and along Jefferson's, Madison's, and Gallatin's rivers," is strongly recommended in a St. Louis paper. It would probably be a profitable| speculation, and of considerable political impor

tance.

A remarkable circumstance happened on the 30th ult. on the Genesee river, about ten miles from this place. A part of the land upon the north bank has fallen into and across the river so as completely to change the course of the stream, which was at this place about eighty yards wide. The land on the south side of the river was level for some distance; on the north there rose a very high and steep hill.) commencing about 20 or 30 feet from the edge of the bank. Along the intermediate space a road! passed, the level of which was not more than six or eight feet above that of the water. In the afternoon of the day above mentioned about half an acre of the bank fell into the river. About half past ten o'clock at night the people in the neighborhood were suddenly alarmed by a tremendous noise from the hill, accompanied by a jarring of the houses. Upon going immediately out they discovered huge masses of the mountain tumbling from above into the river, and dashing the waters to a great height. About 15 acres of the surface is supposed to have fallen. The cavity left in the hill is of a circular form, the back part of which presents a precipice nearly perpendicular of about 150 feet in height. Several of the trees which stood on the side of the mountain yet remain in an erect posture, having been carried down in that position on masses of the earth; the tops of others are buried in the ruins, while their roots are raised into the air. The current of the river being completely obstructed, it has risen above the opposite bank, and is now forming a new channel for a considerable distance.

[Gen. Farmer.

TO THE PEOPLE OF THE UNITED STATES.

mediately necessary that the society should call up For these and other purposes, it becomes imon it's friends and ascertain what extent of funds may be expected.

upon the many and obvious benefits that may result The board do not think it necessary to comment from the labors they are engaged in.

to the cause of our suffering fellow men, conspire to The love of our own country, and benevolence offer the most persuasive motives. To these are to be added the far higher and more animating Providence in dispensing the light of Christian hope inducements of being the instruments of a gracious and joy over a benighted and important portion of the earth.

The board therefore call with confidence upon their countrymen and fellow Christians for that liberal aid to their designs, in reliance upon which this association was formed.

BUSH. WASHINGTON, Pres't

Important Law Intelligence.

nion delivered by judge Livingston, at the late cir
We have been furnished with a copy of the opi-
cuit court of the United States, held in this city,
in the case of Adams and Adams vs. Storey, by which
the following important points are decided:
I. That the act of the legislature of this state of
the 3rd of April, 1811, is an insolvent, and not
a bankrupt law.

II. That if a bankrupt law, it would not be void,
the several states having a right to pass such
laws, notwithstanding the power granted to the
general government of establishing an uniform.
system of bankruptcy.

IIL That insolvent laws, although they may affect pre-existing debts, are not laws "impairing the obligation of contracts," within the meaning of the constitution.

IV. That a discharge under the insolvent law of
the 3rd of April, 1811, of a person residing
within this state, may be pleaded to an ac-
tion brought by a citizen of Massachusetts, al-
though the debt was contracted in Boston, and
payable there.

CIRCUIT COURT OF THE UNITED STATES FOR THE DIS-
The opinion delivered on these points follows:

TRICT OF NEW YORK.
Benjamin Adams and Caleb Adams

versus

Augustus Storey.

R. H. Sedgwick, of counsel for plaintiffs. Fay and Emmet, of counsel for defendant. Mr. JUSTICE LIVINGSTON. This is an action brought on several promissory notes, made or indorsed by the defendant, then residing in Boston, The board of managers of the American Coloniza-dents of the same place. The notes are also made to the plaintiffs, who were then and are yet resition Society being about to enter upon the prosecu payable in Boston, and were dated prior to the pastion of the great object of the institution, beg leave sing of the insolvent law hereinafter mentioned. to address their countrymen upon this important subject.

The first duty to be performed is to obtain unquestionable information upon several most essential

The defendant pleaded the general issue, and on given for that purpose, a discharge by the recorder the trial offered in evidence, pursuant to a notice of the city of New-York, dated the 13th Nov. 1811

ich was granted in virtue of an act of the legis- sons, who are the objects of these laws, that a differlature of the state of New-York, entitled "An act ence exists, but their general and most important for the benefit of insolvent debtors and their cre- provisions are essentially dissimilar. Under a bankditors," passed the 3rd of April of the same year. rupt law, the debtor is at once by operation of law, To the reading of this discharge, the plaintiffs as soon as he has committed an act of bankruptcy, objected-but it was admitted. A verdict, howe- divested of all his property, which is transferred to ver, was taken by consent for the plaintiffs, subject assignees in trust for his creditors. All dispositions to the opinion of the court on a case to be made by the bankrupt himself after this are void-an inby the parties. If the discharge was improperly solvent, on the contrary, retains the management of admitted, judgment is to be entered on the ver- his own estate, however he may misbehave towards dict as it now stands-but if the discharge shall his creditors at large, and it is rarely, unless on his be thought a good bar to the action, the present own application, vested in others. It is of no imverdict is to be set aside, and a verdict and judg-portance how many acts he may commit, which unment thereon entered for the defendant. The de- der a bankrupt system would enable his creditors fendant, at the time of obtaining his discharge, re- to take from him the control of his property, they can seldom act upon him compulsively under the sided and yet resides in the city of New-York.

Few questions have ever been agitated, in any provisions of an insolvent law, if he be obstinate or court of the United States, since the formation of dishonest, until he has given what preference he. the federal government, of more extensive conse- thinks proper, and is become so poor as to be quence, or of more delicacy than those which are scarcely worth pursuing. Under the one system now to be decided. When the binding force of the creditors are actors, and under the other the an act of the legislature of any state is drawn into debtor himself originates the proceedings; and if, as question for its supposed repugnanoy to the fede- is sometimes the case, his creditors may do it, even ral constitution, although no court can entertain any then his consent is generally indispensable under doubt of its right to pronounce it invalid, yet it is the provisions of an insolvent system. Other difno more than becoming to proceed with caution, ferences, in almost every stage of proceeding, might and with more than ordinary deliberation. Pre- easily be pointed out, but they are so familiar to the sumptions will ever exist in favor of the law, for it profession, that a bare inspection of the act under will not readily be supposed that any state legisla- which this discharge was obtained, will leave no ture, who are as much bound by the constitution, and doubt on the mind of any one to which class it be are under the same solemn sanctions as the judges longs. "The title proclaims it to be an act for the. of those courts, to regard it, have either mistaken benefit of insolvent debtors, and their creditors."— its meaning, or knowingly transcended their own The first section gives power to the insolvent himpowers. If, then, by any fair and reasonable inter- self, who is imprisoned on any civil process issuing pretation, where the case is as at all doubtful, the law under the authority of this state, to present the pecan be reconciled with the constitution, it ought to tition to a proper officer, praying that his estate be done, and a contrary course pursued only, where may be assigned and he discharged from his debts. the incompatibility is so great as to render it ex-The residue of the act is principally made up of tremely difficult to give the latter effect, without violating some provision of the former.

The plaintiffs' counsel in support of the verdict, say, that the discharge which was given in evidence can be no bar to the action. They contend,

this appellation can apply.

The opinion which has been expressed on this point would seem to preclude the necessity of enquiring how far this law interferes with the authority given to congress to "establish uniform laws on the subject of bankruptcies"-but, as the view which has been taken of the act of this state may be thought incorrect, the court has no objection to consider it, as though it were a bankrupt law.

directions as to the proceedings which are to be observed after the presenting of such petition, untit the final discharge of the debtor, all of which differ greatly from the proceedings which take place on the issuing of a commission of bankruptcy. The 1st. That the the statute of New-York, under fourth section declares that such "discharge shall which it was obtained, is a bankrupt law, and as extend to all debts due from him at the time of the such is void for its repugnancy to the constitution assignment, or contracted for before that time, of the United States; and this position is supported though payable afterwards." If this be not an inby the broad assertion that every law which dis-solvent law, the court is at a loss to say to what act charges the person and property, as well future, as in posession of the debtor, is a bankrupt law. But to this difinition the court does not assent, for this would be to confound at once almost all the distinctions between these laws, which have been known and recognized in England, from which country we borrow the term, from the first introduction of the system there, in the reign of Henry the eighth, down to the present time: distinctions which must The power to pass laws of this character, it is have been familiar to many of the members of the convention that made the constitution. It is not said, is exclusively vested in congress, and whether because these laws may, in some respects, produce they exercise it or not, no state can have a bankrupt the same effects, that they are not to be distin- law of its own. As a consolidation of the different guished from each other. In England the bankrupt states into one national sovereignty was neither efsystem has been confined exclusively to traders and fected, nor intended to be effected by the constitucreditors of traders; whereas the insolvent laws of tion, it has always been conceded that the state this country embrace every class of debtors. It is governments retained so much of the power, which of no importance whether the debt has been con- they before had, as was not by that instrument extracted in the way of trade or not, for a person to clusively delegated to the United States. It is now come within the purview of an insolvent law. So ex. indeed one of the amendments to the constitution, clusively have bankrupt laws operated on traders, that the powers not granted to the United States by that it may well be doubted whether an act of con- the constitution, nor prohibited by it to the states, gress subjecting to such a law every description of are reserved to the states respectively or to the peopersons within the United States, would comport ple. It is agreed that such exclusive alienation of with the spirit of the powers vested in them in re-state sovereignty can only exist in three caseslation to this subject. But it is not only in the per- where, by its terms, it is so-or where a power is con

« ZurückWeiter »