1. A medium for the payment of debts; and,

2. A uniform manner of discharging debts, when they are to be discharged

without payment.

The arrangement of the grants and prohibitions contained in the

Constitution is fit to be regarded on this occasion. The grant to

Congress and the prohibition on the States, though they are certainly to

be construed together, are not contained in the same clauses. The powers

granted to Congress are enumerated one after another in the eighth

section; the principal limitations on those powers, in the ninth

section; and the prohibitions to the States, in the tenth section. Now,

in order to understand whether any particular power be exclusively

vested in Congress, it is necessary to read the terms of the grant,

together with the terms of the prohibition. Take an example from that

power of which we have been speaking, the coinage power. Here the grant

to Congress is, "To coin money, regulate the value thereof, and of

foreign coins." Now, the correlative prohibition on the States, though

found in another section, is undoubtedly to be taken in immediate

connection with the foregoing, as much as if it had been found in the

same clause. The only just reading of these provisions, therefore, is

this: "Congress shall have power to coin money, regulate the value

thereof, and of foreign coin; but no State shall coin money, emit bills

of credit, or make any thing but gold and silver coin a tender in

payment of debts."

These provisions respect the medium of payment, or standard of value,

and, thus collated, their joint result is clear and decisive. We think

the result clear, also, of those provisions which respect the discharge

of debts without payment. Collated in like manner, they stand thus:

"Congress shall have power to establish uniform laws on the subject of

bankruptcies throughout the United States, but no State shall pass any

law impairing the obligation 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

present debts. We argue this from the words of the prohibition, from the

association they are found in, and from the objects intended.

1. The words are general. The States can pass no law impairing

contracts; that is, any contract. In the nature of things a law may

impair a future contract, and therefore such contract is within the

protection of the Constitution. The words being general, it is for the

other side to show a limitation; and this, it is submitted, they have

wholly failed to do, unless they shall have established the doctrine

that the law itself is part of the contract. It may be added, that the

particular expression of the Constitution is worth regarding. The thing

prohibited is called a _law_, not an _act_. A law, in its general

acceptation, is a rule prescribed for future conduct, not a legislative

interference with existing rights. The framers of the Constitution would

hardly have given the appellation of _law_ to violent invasions of

individual right, or individual property, by acts of legislative power.

Although, doubtless, such acts fall within this prohibition, yet they

are prohibited also by general principles, and by the constitutions of

the States, and therefore further provision against such acts was not so

necessary as against other mischiefs.

2. The most conclusive argument, perhaps, arises from the connection in

which the clause stands. The words of the prohibition, so far as it

applies to civil rights, or rights of property, are, that "no State

shall coin money, emit bills of credit, make any thing but gold and

silver coin a tender in the payment of debts, or pass any law impairing

the obligation of contracts." The prohibition of attainders, and _ex

post facto_ laws, refers entirely to criminal proceedings, and therefore

should be considered as standing by itself; but the other parts of the

prohibition are connected by the subject-matter, and ought, therefore,

to be construed together. Taking the words thus together, according to

their natural connection, how is it possible to give a more limited

construction to the term "contracts," in the last branch of the

sentence, than to the word "debts," in that immediately preceding? Can a

State make any thing but gold and silver a tender in payment of future

debts? This nobody pretends. But what ground is there for a distinction?

No State shall make any thing but gold and silver a tender in the

payment of debts, nor pass any law impairing the obligation of

contracts. Now, by what reasoning is it made out that the debts here

spoken of are any debts, either existing or future, but that the

contracts spoken of are subsisting contracts only? Such a distinction

seems to us wholly arbitrary. We see no ground for it. Suppose the

article, where it uses the word _debts_, had used the word _contracts_.

The sense would have been the same then that it now is; but the identity

of terms would have made the nature of the distinction now contended for

somewhat more obvious. Thus altered, the clause would read, that no

State should make any thing but gold and silver a tender in discharge of

_contracts_, nor pass any law impairing the obligation of _contracts_;

yet the first of these expressions would have been held to apply to all

contracts, and the last to subsisting contracts only. This shows the

consequence of what is now contended for in a strong light. It is

certain that the substitution of the word _contracts_ for _debts_ would

not alter the sense; and an argument that could not be sustained, if

such substitution were made, cannot be sustained now. We maintain,

therefore, that, if tender laws may not be made for future debts,

neither can bankrupt laws be made for future contracts. All the

arguments used here may be applied with equal force to tender laws for

future debts. It may be said, for instance, that, when it speaks of

_debts_, the Constitution means existing debts, and not mere

possibilities of future debt; that the object was to preserve vested

rights; and that if a man, after a tender law had passed, had contracted

a debt, the manner in which that tender law authorized that debt to be

discharged became part of the contract, and that the whole debt, or

whole obligation, was thus qualified by the pre-existing law, and was no

more than a contract to deliver so much paper money, or whatever other

article might be made a tender, as the original bargain expressed.

Arguments of this sort will not be found wanting in favor of tender

laws, if the court yield to similar arguments in favor of bankrupt laws.

These several prohibitions of the Constitution stand in the same

paragraph; they have the same purpose, and were introduced for the same

object; they are expressed in words of similar import, in grammar, and

in sense; they are subject to the same construction, and we think no

reason has yet been given for imposing an important restriction on one

part of them, which does not equally show that the same restriction

might be imposed also on the other part.

We have already endeavored to maintain, that one great political object

intended by the Constitution would be defeated, if this construction

were allowed to prevail. As an object of political regulation, it was

not important to prevent the States from passing bankrupt laws

applicable to present debts, while the power was left to them in regard

to future debts; nor was it at all important, in a political point of

view, to prohibit tender laws as to future debts, while it was yet left

to the States to pass laws for the discharge of such debts, which, after

all, are little different in principle from tender laws. Look at the law

before the court in this view. It provides, that, if the debtor will

surrender, offer, or tender to trustees, for the benefit of his

creditors, all his estate and effects, he shall be discharged from all

his debts. If it had authorized a tender of any thing but money to any

one creditor, though it were of a value equal to the debt, and thereupon

provided for a discharge, it would have been clearly invalid. Yet it is

maintained to be good, merely because it is made for all creditors, and

seeks a discharge from all debts; although the thing tendered may not be

equivalent to a shilling in the pound of those debts. This shows, again,

very clearly, how the Constitution has failed of its purpose, if, having

in terms prohibited all tender laws, and taken so much pains to

establish a uniform medium of payment, it has yet left the States the

power of discharging debts, as they may see fit, without any payment at

all.

To recapitulate what has been said, we maintain, first, that the

Constitution, by its grants to Congress and its prohibitions on the

States, has sought to establish one uniform standard of value, or medium

of payment. Second, that, by like means, it has endeavored to provide

for one uniform mode of discharging debts, when they are to be

discharged without payment. Third, that these objects are connected, and

that the first loses much of its importance, if the last, also, be not

accomplished. Fourth, that, reading the grant to Congress and the

prohibition on the States together, the inference is strong that the

Constitution intended to confer an exclusive power to pass bankrupt laws

on Congress. Fifth, that the prohibition in the tenth section reaches to

all contracts, existing or future, in the same way that the other

prohibition in the same section extends to all debts existing or

future. Sixthly, that, upon any other construction, one great political

object of the Constitution will fail of its accomplishment.

[Footnote 1: Sturges v. Crowninshield, 4 Wheat. Rep. 122.]

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