FREE BOOKS

Author's List




PREV.   NEXT  
|<   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391   392  
393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   416   417   >>   >|  
bligation of contracts." This collocation cannot be objected to, if they refer to the same subject-matter; and that they do refer to the same subject-matter we have the authority of this court for saying, because this court solemnly determined, in _Sturges v. Crowninshield_, that this prohibition on the States did apply to systems of bankruptcy. It must be now taken, therefore, that State bankrupt laws were in the mind of the Convention when the prohibition was adopted, and therefore the grant to Congress on the subject of bankrupt laws, and the prohibition to the States on the same subject, are properly to be taken and read together; and being thus read together, is not the intention clear to take away from the States the power of passing bankrupt laws, since, while enacted by them, such laws would not be uniform, and to confer the power exclusively on Congress, by whom uniform laws could be established? Suppose the order of arrangement in the Constitution had been otherwise than it is, and that the prohibitions to the States had preceded the grants of power to Congress, the two powers, when collated, would then have read thus: "No State shall pass any law impairing the obligation of contracts; but Congress may establish uniform laws on the subject of bankruptcies." Could any man have doubted, in that case, that the meaning was, that the States should not pass laws discharging debts without payment, but that Congress might establish uniform bankrupt acts? And yet this inversion of the order of the clauses does not alter their sense. We contend, that Congress alone possesses the power of establishing bankrupt laws; and although we are aware that, in _Sturges v. Crowninshield_, the court decided that such an exclusive power could not be inferred from the words of the grant in the seventh section, we yet would respectfully request the bench to reconsider this point. We think it could not have been intended that both the States and general government should exercise this power; and therefore, that a grant to one implies a prohibition on the other. But not to press a topic which the court has already had under its consideration, we contend, that, even without reading the clauses of the Constitution in the connection which we have suggested, and which is believed to be the true one, the prohibition in the tenth section, taken by itself, does forbid the enactment of State bankrupt laws, as applied to future as well as presen
PREV.   NEXT  
|<   368   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391   392  
393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   416   417   >>   >|  



Top keywords:

States

 

Congress

 
bankrupt
 

subject

 

prohibition

 

uniform

 

contend

 

matter

 

Constitution

 

contracts


section

 
Crowninshield
 
clauses
 

Sturges

 
establish
 

inferred

 

payment

 

seventh

 

presen

 

inversion


possesses

 

establishing

 

decided

 

exclusive

 
believed
 

suggested

 
forbid
 

reading

 

connection

 

consideration


future

 
applied
 

reconsider

 

request

 

intended

 
implies
 

enactment

 
exercise
 

general

 

government


respectfully

 

Convention

 
bankruptcy
 

adopted

 

properly

 
passing
 

intention

 
systems
 

objected

 

collocation