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tion on the subject must cease. establish these uniform laws, but their actual establishment, which is inconsistent with the partial acts of the states. In pronouncing this opinion, it cannot be doubted that the mind of the court was influenced to some extent by a supposed difference between insolvent and bankrupt statutes; the former, according to the generally received opinion, operating only to discharge the person from arrest, leaving his future property liable, whereas the latter, a bankrupt statute, discharges not only the person but the contract.

Mr. Justice Story, in his commentaries, accedes to this opinion as the law of the land, because it had been so decided. In his discussion, however, of the subject, it is evident that, independent of adjudication, he entertained a different view. He says, there are peculiar reasons, independent of general considerations, why the government of the United States should be intrusted with this power. They result from the importance of preserving harmony, promoting justice, and securing equality of rights and remedies among the citizens of all the states. It is obvious, that if the power is exclusively vested in the states, each one will be at liberty to frame such a system of legislation upon the subject of bankruptcy and insolvency, as best suits its own local interests and pursuits. Under such circumstances, no uniformity of system or action can be expected. No state can introduce a system which shall extend beyond its own limits, and the persons who are subject to its jurisdiction. He adds, the power is important in regard to foreign countries, and to our commercial intercourse with them. The existence of the power is useful as a check upon undue legislation,

* Sturges v. Crowninshield, 4 Wheat. Rep. 414, 415.

and as a means of redressing any grievances sustained by foreigners in commercial transactions.*

So far, the theory applied to many of the powers of the federal government, which authorizes the several states to act upon matters upon which congress may not have exercised its admitted power, has produced no serious practical evil or difficulty. I have no doubt it has been convenient. It cannot, however, fail to be seen, that it has elements which may and must, if carried out to its legitimate extent, produce evil and ultimate death to our system and its institutions. If a state may act in any particular case because congress has not acted, it may, upon the same principle and with the same propriety, act in all similar cases. Unless the powers of the two governments are to be sought for and ascertained in their constitutions, and nowhere else, they must be uncertain and undefined; they should have certainty and precision, and by holding the powers of each government, as having life and vitality independent of the action of the other, this certainty and precision may be obtained; each government will exercise its own power.

The several states may and will exercise powers similar to, but not the same with, those of the federal government, for their own purposes, so far and so far only as similar powers can be exercised without encroaching upon those confided to the federal government. Much to be preferred it is, that some purpose which in itself may be important, or some matter of convenience should fail of accomplishment, than that the symmetry of our system should be marred by the introduction of any dangerous or unsound principle or system of construction.

Another power of congress is that of providing for the punishment of counterfeiting the public securities.

* Story on Con. U. States, book 3, ch. 16, sections 540, 545.

In former times, tampering with the coin of the king was regarded as treason, and punishable by death. The severity of the punishment cannot at the present time be doubted. The principle which dictated it, although carried to an extreme, cannot be denied. Government must be sustained and upheld, and it must, therefore, provide for its own security, for the integrity and safety of the implements by which its functions and purposes are to be performed. If the public securities can easily and without danger be counterfeited, their value and ability to accomplish the purpose and duty of government will be defeated. To avoid an evil of this description, every government must be clothed with authority to protect itself, and the agent or agencies by which its trusts are to be performed.

Counterfeiting a public security, or tampering with the coin or securities of a country, is more disastrous in its consequences than possibly can be the counterfeiting or tampering with a private contract or security. In the one case, the evil falls upon the public, upon the community, as a society; in the other, it produces wrong and injury only to private right, and is not so extensive in its influence. As to the extent and character of the power under consideration, no difference of opinion has ever arisen. It is, in its nature and purpose, exclusive in the federal government. It cannot be otherwise, inasmuch as every government must be the exclusive judge of offences against itself. One government cannot well undertake to punish for wrongs done to another. The state authority can provide and does provide in this particular for itself. It exercises, not the same, but a power similar to one exercised by the federal government. The powers of the two governments upon this subject are confined each within its own province, and no collision or difficulty can be suggested.

This power exhibits distinctly the true theory of our system.

It shows the existence of similar powers, exercised for and with a similar intent, in two, not the same distinct governments, each acting for itself, uninfluenced and controlled by the action of the other, each responsible for its own fidelity, neither amenable to censure for the neglect or inability of the other to discharge its trusts.

LECTURE V.

THE LEGISLATIVE DEPARTMENT OF THE FEDERAL GOVERNMENT. IT IS SUPREME, AND EXCLUSIVE OF STATE LEGISLATION. -THIS POSITION CONSIDERED AS APPLIED TO "POST-OFFICES AND POST-ROADS," "THE PROGRESS OF SCIENCE AND USEFUL ARTS,"-" OFFENCES AGAINST THE LAW OF NATIONS.". RESTRICTIONS UPON THE LEGISLATIVE DEPARTMENT.

THE power to establish post-offices and post-roads is conferred upon congress. It does not apparently furnish many suggestions of a political or scientific character. It seems to be a mere matter of business, which might conveniently be managed by the several states, each acting within its own territory, or, under certain legal regulations to prevent monopoly and exorbitant postage, it might be left to individual enterprise. Those who framed the constitution entertained a more enlarged view of the subject, and regarded it as a matter of national concern and interest.

The duties to be performed under this power, and the benefits resulting therefrom, are not in their nature local, or more applicable to any one state than to any other. When the constitution was presented to the people for their adoption and ratification, this power attracted very little notice or comment. It was not resisted or approved to any considerable extent. The writers of the Federalist, whose influence in favor of the adoption of our system was undoubtedly of great importance, passed over

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