sion of Courts of Record; and a person duly naturalized, becomes entitled to all the privileges and immunities of a natural-born Citizen, except that a residence of seven years is requisite to enable him to hold a seat in Congress, and that he is not eligible to the office of President of the United States, or of Governor in several of the States.

657. The Power of Congress "to establish uniform Laws on the subject of Bankruptcies," is intimately connected with the regulation of Commerce; and there are peculiar reasons why the National Government should be entrusted with this power, arising from the importance of preserving uniformity and equality of rights amongst the citizens of all the States, and of maintaining commercial credit and intercourse with foreign Nations.

658. Under Governments which authorize personal arrests and imprisonments for debts, it has been found necessary to provide for the relief of debtors, in cases of inevitable misfortune; and especially in the case of insolvent merchants, who, from the habits and nature of trade, are under the necessity of giving and receiving credit, and of encountering extraordinary hazards.

659. Bankrupt and Insolvent Laws, besides relieving the debtor, are intended to secure the application of his effects to the payment of his debts; and the distinction between them is not so clearly marked as to determine with positive precision what belongs exclusively to the one or to the other species of these Laws.

660. Bankruptcy, in the English Law, has by long and settled usage received an appropriate meaning; and has been considered applicable only to unfortunate traders, who do certain acts which afford evi

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dence of their intention to avoid the payment of their debts; or of their inability to discharge them.

661. It has been said that Insolvent Laws are such as merely liberate the person of the debtor, whilst Bankrupt Laws discharge him from his contracts; but this distinction is not supported by any uniformity of legislation, and it is the more difficult to discriminate between them, because Bankrupt Laws frequently contain those regulations which are generally found in Insolvent Laws, and Insolvent Laws some that are usual in Bankrupt Laws.

662. Although Bankrupt Laws are generally and properly confined in their operation to the trading classes, who are most exposed to pecuniary vicissitudes, yet, as misfortune and poverty may also overtake those who pursue other occupations, the latter are not excluded from the protection of the State Legislatures.

663. Nor ought traders or their creditors to be left without means of relief, in case Congress do not in their discretion think proper to exercise the power vested in them relative to Bankruptcy; and accordingly this power is held not to exclude the right of the States to legislate on the subject, except when the power has been actually executed by Congress.

664. The power of Congress to establish uniform Laws on the subject of Bankruptcy, is not granted in such terms, nor are its nature and character such as require that it should be exercised exclusively by Congress; consequently a State has a right to pass either Bankrupt or Insolvent Laws, provided there be no Act of Congress in force establishing a uniform system of Bankruptcy, with which the State Law would conflict.

CHAP. III. PROOF AND EFFECT OF STATE RECORDS. 171

665. But the power of the States does not extend to passing Bankrupt or Insolvent Laws which discharge the obligation of antecedent contracts; for, under the restriction contained in the Constitution, a State Law can discharge such contracts only as were made subsequently to its enactment, within the State and between its own citizens, and it does not extend to contracts, although made within the State, if made with a citizen of another State; nor to any contract, by whomsoever made, if made in other States or foreign countries.

666. The Legislature of the Union possesses the power of enacting Bankrupt Laws, and the State Legislatures of enacting Insolvent Laws; and a State has, moreover, authority to pass a Bankrupt Law when no Act of Congress exists on the subject with which the State Law might conflict. But whether Congress legislate on the subject or not, no Bankrupt, Insolvent, or other Law passed by a State, is permitted by the Federal Constitution " to impair the obligation of Contracts."

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667. Although Congress has heretofore exercised the power vested in it relative to the subject, yet its former Bankrupt Laws were suffered to expire by their own limitation; and at present there is no uniform system of Bankruptcy in operation in the United States.

668. The power of Congress" to prescribe," in its discretion," by general Laws, the manner in which the public acts, records, and judicial proceedings of each State shall be proved, and the effect they shall have in other States," has been found, as was intended, a convenient instrument of justice, and particularly beneficial on the borders of contiguous States, where persons and effects liable to judicial process, may be suddenly and clandestinely removed to a foreign ju risdiction.

669. The clause vesting this power previously declares that "full faith and credit shall be given in each State, to the public acts, records, and judicial proceedings of every other State;" and the Act passed by Congress in execution of this power, not only prescribes the manner of authentication, but declares that when so authenticated, they "shall have such faith and credit given to them in every Court withinthe United States, as they have by Law or usage in the Courts of the State from whence they are taken."

670. The Common Law gives to the Judgments of the Courts of one State the effect of prima facie evidence, or evidence open to impeachment, explanation, or contradiction, in the Courts of every other State; but the Constitution contemplates, and Congress have executed, a further power of giving a conclusive effect to such judgments as evidence admitting neither of impeachment, explanation, or contradiction, in the Courts of every other State, provided they have that effect in the State in which they are rendered.

CHAPTER IV.

OF THE POWERS VESTED IN THE FEDERAL GOVERNMENT, RELATIVE TO CERTAIN MISCELLANEOUS OBJECTS OF GENERAL UTILITY.

671. The Powers vested in the Federal Government, in relation to certain Specified objects of general utility, comprehend

I. A Power" to promote the progress of Science and the useful Arts, by securing, for limited times, to authors and inventors, the exclusive right to their writings and discoveries."

672. Before the American Revolution, the right of property of authors and inventors in their inventions and discoveries, was made a question in England; and it was finally settled by a Judgment of the House of Lords, reversing an almost unanimous decision of the Court of King's Bench, that this right had no foundation in the Common Law.

673. Even those Judges in the Court below, who, reasoning upon different principles, arrived at the opposite conclusion, seem to have been perplexed with the indefinite nature of such a right, and embarrassed by the consequences of admitting it.

674. To deprive men of genius of the right to the profits of invention was, on the one hand, discouraging to the useful arts, and injurious to the progress of learning and science; whilst, on the other hand, an unlimited right to the exclusive enjoyment of the fruits of genius and discovery, although for a time it might stimulate both, would, in its consequences, levy a perpetual tax on posterity, and impede the progress of invention itself.

675. Yet, to deny to inventors the fair profits derivable from their talents and exertions, seemed to be at variance with the dictates of natural justice and liberal policy, as it was, in effect, to deny to genius its appropriate reward; and to withhold from the powers of intellect, one of the strongest stimulants to their activity.

676. The existing Statute, enacted in the reign of Queen Anne, limiting the rights of authors and inventors to a term of years, was regarded as a compromise by which their claims were acknowledged, their rights defined and protected, and their reward secured; whilst a public interest was effectually created, and its benefit transmitted to posterity.