Page:United States Reports, Volume 1.djvu/242

Rh 

1788.

Maryland is an infolvent, and not a bankrupt law, as it works no extinguifhment of the debt, but leaves all future acquifitions of property liable to the creditors of the perfon difcharged: And in the cafe of James et al vs. Allen ant. 188. SHIPPEN, Preʃident determined that an infolvent law of New-Jerʃey was local in its terms, and local in its nature.

Ingerʃol, in fupport of the rule, having ftated that an Exquireiur might be entered without an actual furrender of the principal Barn. 194. 1 ''Com. Dig.'' 496. and proved that the Defendant had complied with the terms of the infolvent law of Maryland obferved, that imprifonment had been thought by very judicious writers, to be an act illegal in itfelf ; Burgeʃs on Inʃole  and it feems,indeed, that the only reafonable juftification of it, is to compel a debtor to furrender all his effects for the benefit of his creditors. When that is done, it is not only unreafonable and unjuft, but, by the exprefs provifion of ''the Conʃt. oƒ Penn.'' § .8, independent of the doctrines founded on the common law, it is illegal to refrain a man's perfonal freedom.

He then contended, that from general principles, from pofitive authorities, arifing under the bankrupt laws of different countries, from the reafon of the thing, and from the mifchievous confequences of a contrary pofition, the difcharge of the Defendant in one ftate, ought to be fufficient to difcharge him in every ftate ; without this, perpetual imprifonment muft be the lot of every man who fails ; and all hope of retrieving his loffess by honeft and induftrious purfuits, will be cut off from the unfortunate bankrupt.

But a debt paid according to the law on a foreign country, though in a depreciated medium, has been decreed to be a fatisfaction ; and a ceʃʃio bonorum in Holland, which is a difcharge there, was decided to have the fame effect in ''England. Co. Bend. Law'' 60. 1.2. 115. 347. ''Green Bank. Law'' 131. 260. 2 Stra. 738. 1. Atk. 119. Brown Caʃes in Chan. 376. Thefe authorities apply here with additional force, under the fanction of the articles of Confederation, which declare, that ‘‘ full faith and credit fhall be given in each of

‘‘thefe ftates to the records, acts, and judicial proceedings of the

‘‘courts and magiftrates of every other ftate : And alfo, that,

‘‘ the free inhabitants of each of thefe ftates, fhall be entitled to all

‘‘ privileges and immunities of free citizens in the feveral ftates ; and

‘‘ the people of each ftate fhall have free ingrofs and regrefs to and

‘‘ from any other ftate.’’ See Art. 4.

after confideration, delivered the opinion of the Court.

M'KEAN, Chieƒ Juʃtice. − This comes before the Court on a motion for leave to enter an Exquireiuron the bail piece, upon this principle, that the defendant had been difcharged under an infolvent law of the ftate of Maryland, which is in the nature of a general bankrupt law. To this it has been objected, that the infolvent law by which the defendant has been difcharged, was made pending the action, and therefore, ought not to operate in the prefent cafe, even if