Power over Naturalization and Bankruptcy§ 1097.§ 1098.§ 1099.§ 1100.§ 1101.§ 1102.§ 1103.§ 1104.§ 1105.§ 1106.§ 1107.§ 1108.§ 1109.§ 1110.
FOOTNOTES
1. Journ. of Convention, 220, 257. — One of the grievances stated in the Declaration of Independence was, that the king had endeavoured to prevent the population of the states by obstructing the laws for naturalization of foreigners.
2. The Confederation, art. 4.
3. The Federalist, No. 42.
4. Ibid.
5.Collet v. Collet, 2 Dall. R. 294; United States v. Villato, 2 Dall. 270; Sergeant on Const. Law, ch. 28, [ch. 30, 2d. edit.]
6. See The Federalist, No. 32, 42; Chirac v. Chirac, 2 Wheat. R. 259, 269; Rawle on the Const. ch. 9, p. 84, 85 to 88; Houston v. Moore, 5 Wheat. R. 48, 49; Golden v. Prince, 3 Wash. Cir. Ct. R. 313, 322; 1 Kent's Comm. Lect. 19, p. 397; 1 Tuck. Black. Comm. App. 255 to 259; 12 Wheat. R. 277, per. Johnson J.; but see Id. 307, per Thompson J. - A question is often discussed under this head, how far a person has a right to throw off his national allegiance, and to become time subject of another country, without the consent of his native country. This is usually denominated the right of expatriation. It is beside the purpose of these Commentaries to enter into any consideration of this subject, as it does not properly belong to any constitutional inquiry. It may be stated, however, that there is no authority, which has affirmatively maintained the right, (unless provided for by the laws of the particular country,) and there is a very strong current of reasoning on the other side, independent of the known practice and claims of the nations of modern Europe. See Rawle on the Constitution, ch. 9, p. 85 to 101; Sergeant on Const. Law, oh. 98, [ch. 30.]; 2 Kent's Comm. Lect. 25, p. 35 to 42.
7. The Federalist, No. 32.
8. Journ. of Convention, 220, 305. 320, 321, 357.
9. The Federalists No. 42.
10.Sturgis v. Crowninshield, 4 Wheat. R. 122, 203, 204; Rawle on the Constitution, ch. 9, p. 101, 102.
11. See 1 Tuck. Black Comm. App. 259.
12. See 2 Black. Comm. 471, 472, 473. See also 1 Tuck. Black. Comm. App. 259.
13. See Mr. Justice Johnson's Opinion in Ogden v. Saunders, 12 Wheat. R. 274, 275.
14. 2 Kent's Comm. Lect. 37, p. 323, 324: Sergeant on Const. Law, ch. 28, [ch. 30;] Mr. Justice Johnson in 12 Wheat. R. 273 to 275.
15. See the Debate on the Bankrupt Bill in the House of Representatives in the winter session of 1818; Webster's Speeches, p. 510, &c. — It is matter of regret, that the learned mind of Mr. Chancellor Kent should have attached so much importance to a hasty, if not a petulant, remark of Lord Eldon on this subject. There is no commercial state in Europe, which has not, for a long period, possessed a system of bankrupt or insolvent laws. England has had one for more than three centuries. And at no time have the parliament or people shown any intention to abandon the system. On the contrary, by recent acts of parliament, increased activity and extent have been given to the bankrupt and insolvent laws. It is easy to exaggerate the abuses of the system, and point out its defects in glowing language. But the silent and potent influences of the system in its beneficent operations are apt to be overlooked, and are rarely sufficiently studied. What system of human legislation is not necessarily imperfect? Yet who would, on that account, destroy the fabric of society? — 2 Kent's Comm. Lect. 37, p. 321 to 324, and note (b) id. (2d edit. p. 391, 392.)
16.Sturgis v. Crowninshield, 4 Wheat. R. 122, 194, 202.
17. It was not true in England at the time of the American revolution; for under the insolvent act, commonly called the "Lords' Act of 32 Geo. 2, ch. 28," the creditors of the insolvent were equally with himself entitled to proceed to procure the benefit of the act ex parte. See 3 Black. Comm. 416, and note 3 of Mr. Christian. The present system of bankruptcy in England has been enlarged, so as now to include voluntary and concerted cases of bankruptcy. And the insolvent system is applied to all other imprisoned debtors, not within the bankrupt laws. See Petersdorft's Abridgment, titles, Bankrupt and Insolvent.
18.Sturgis v. Crowninshield, 4 Wheat. R. 122, 194.
19.Sturgis v. Crowninshield, 4 Wheat R. 122, 194, 198, 203; 2 Kent's Comm. Lect. 37, p. 321, &c.;
20. 4 Inst. ch. 63.
21. 2 Black. Comm. 472, note; Cooke's Bankr. Laws, Introd. ch. 1.— The modern French phrase in the Code of Commerce is la banqueroute. "Tout commerçant failli, &c. est en etat de banqueroute." Art. 438.
22. 2 Black. Comm. 472, 473; Cod. Lib. 7, tit, 71, per totum, Ayliffe's Pandects, B. 4 tit. 14.
23. 1 Kent's Comm. Lect. 19, p. 336; 1 Domat, B. 4, tit. 5, § 1, 2.
24. 2 Black. Comm. 473, 474.
25. See Debate on the Bankr. Bill in the House of Representatives, Feb. 1818, 4 Elliot's Debates, 282 to 284. — Perhaps as satisfactory a description of a bankrupt law, as can be framed, is, that it is a law for the benefit and relief of creditors and their debtors, in cases, in which the latter are unable, or unwilling to pay their debts. And a law on the subject of bankruptcies, in the sense of the constitution, is a law making provisions for cases of persons failing to pay their debts. An amendment was proposed by the state of New-York to the constitution at the time of adopting it, that the power of passing uniform bankrupt laws should extend only to merchants and other traders; but it did not meet general favour.a a. Journal of Convention, Supplement, p. 436.
26. See Golden v. Prince, 3 Wash. Circ. R. 313; Ogden v. Saunders, 12 Wheat. R. 264, 267 to 270, per Washington J. It is well known, that Mr. Justice Washington was not alone in the Court in this opinion in the original case, (Sturgis v. Crowninshield, 4 Wheat. R. 122,) in which it was first decided.
27.Sturgis v. Crowninshield, 4 Wheat. R. 122, 191 to 196; Id. 198 to 202; Ogden v. Saunders, 12 Wheat. R. 273, 275, 280, 306, 310, 314, 335, 369.
28.Ogden v. Saunders, 12 Wheat. R. 122, 369; Boyle v. Zacharie, 6 Peters's R. 348; 2 Kent. Comm. Lect. 37, p. 323, 324; Sergeant on Const. Law, ch. 28, p. 309, [.ch. 30, p. 322;] Rawle on the Constitution, ch. 9, p. 101, 102.
