The Laws of Business for Business Men, in All the States of the Union : With Forms for Mercantile Instruments, Deeds, Leases, Wills, &c

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237 two subjects were kept quite apart. At length they began to assimilate, and in the recent legislation, especially by the latest, they have continued to approach nearer and nearer together, until there is now scarcely any discrimination between them.
In this country, 'there has not been any very clear distinc- tion between them, at any time ; but one consequence from the nominal distinction was important. These colonies, from the earliest times, enacted insolvent laws, but not bankrupt laws.
... And when the Constitution of the United States gave to Congress the power to pass a bankrupt law, it Seems to have been thought -that this in no wise afifected the rights which the States continued to possess, of enacting what insolvent laws they chose to. This right they have continued to exercise to the present day ; and always under the name of insolvent laws.
But, so far as we may afl&rm with much positiveness any con- clusions on this obscure subject, we may say that the distinc- tion between insolvent laws and bankrupt laws is now, in this respect at least, nothing, and that a State can pass no law call- ing it an insolvent law, which it could not pass under the name of a bankrupt law ; and that the power given to Con- gress to pass a bankrupt law does not take it away from the States, who may pass what bankrupt laws they will for their own citizens, whenever there is no general bankrupt law en- acted by Congress.


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