line of councils, undergoing an analysis in each of them, that defies both mistakes and defects. All acts of Congress, all State acts, all municipal regulations, all public and private corporations, all public and private donations, and in fact, the title of every man who has a large fortune, are secretly overhauled, reported on, and shaped by the councils in the most imposing forms, to pass through the Courts.

Individuals in different parts of the United States, have been informed by persons to whom they were utter strangers, and who reside in some distant state, of titles and claims which they themselves never thought of recovering. The parties in whose name the writs are brought, are never informed of the existence of the club, they know none in the business, but the lawyers appointed to conduct their causes, who are generally introduced by some one who is not a member. This secrecy is observed to avoid prejudice that would arise against the society if it was known.

They make it a rule to offer their services in the first instance to the parties who stand on the just side of the question; if their terms are not agreed to, then they negotiate with the other side. The unmarried men are compelled to peril life and limb in the service of the club, and cannot marry unless the wife of one of the members dies, in which event he can never marry again. The unmarried men are allowed liberal salaries, to live in the fashion most agreeable to them but they have summary laws

prohibiting all appearance of extravagance, and are enjoined to avoid all ostentation of learning, always pretending to know less than they do.

We have given this detail as we have received it. Yet this is pretty well, and presents a most unenviable prospect to the nation, and but a slender guarantee of the future domestic peace and harmony of its citizens. Guided in their conduct by the most selfish motives—uncontrolled by none of the kindlier feelings of man's nature, to restrain the wantonness of an undue interference in the affairs of others; they become the scourge of civilized life— the cause of dissension and the bitterest animosity wherever they tread, to wherever their labours are directed setting kinsman against kinsman; child against his parent; uprooting all the most sacred and social ties, that bind mankind together, and disseminating their poison, with the sure and stealthy pace of the midnight assassin, through every vein and artery of the Republic. It surely becomes the nation to uproot this wicked and unhallowed institution; to restore peace and harmony amongst its population, instead of the dissension, the domestic strife and rancour, which the schemes and continued efforts of this dangerous, and irresponsible body is sure to generate.

The Honourable Edward Livingstone, up to the period of his late embassy in 1835, to the Court of France, is stated to have been the Tetrarch of this nest of domestic conspirators; and to have been for several months, a few years back, at Harrisburgh, the

142 LAWS FOR THE REGULATION OF PROPERTY.

capital of the state of Pennsylvania, making search amongst the public records, to discover flaws in the title to a large tract of country called "Nicholson's lands," comprising more than one hundred thousand acres; the greater part of which, had of late years been improved and built upon, by their present owners. Several suits were subsequently commenced in the United States courts for a portion of this property, and we believe are yet pending.

The laws for the regulation and settlement of property in the United States of America, are with some slight variations, the same throughout the several states of the union; and with perhaps the exception of the law of entail, or primogeniture, and some one or two others, are generally modelled after the British law in this respect. Of the most remarkable, if not the most important of the exceptions, is the law which secures to the wife, or married female, a present separate estate in personal or chattel property, altogether distinct, and beyond the control of her husband, without the intervention of a trustee or any third party. Instances are frequent, when the dwelling-house, including the shop or store, the entire of a valuable stock in trade, and all else on the premises, together with all profits arising from a lucrative business, are the individual, the recognised and bonâ fide property of the wife; the husband merely performing the secondary duties of a clerk, or bookkeeper, in the establishment, for which he receives a regular or stipulated salary. All females are very properly

AMERICAN BANKRUPT LAW.

143

exempted in the United States from imprisonment for debt.

The bankrupt laws of England, enforced against English bankrupts, at the time either temporarily or otherwise resident in the United States, lose all their efficacy on crossing the Atlantic: no one of the states recognise them as affecting the person or property of such bankrupt, within their respective limits. In this case, the claim of his English assignee would receive no possible countenance. But this would not debar his English or foreign creditor suing for their debts in any part of America, where such debtor may reside, provided the actual indebtedness of such bankrupt was properly authenticated by affidavit, sworn to before some judge of a court of record, in any part of the United Kingdom, using a seal, and attested in the usual form by the proper officer of such court, and the American Consul of the port or district, where the affidavit may be sworn. Such document, with a letter or power of attorney to any party, agent, or otherwise, in the United States, would insure the same facilities for instituting and ultimately proceeding in a suit at law, in the name of a foreign or English creditor in America, for the recovery of debts contracted out of its jurisdiction, as would be afforded to him in any of the law courts of Westminster; though the same proofs would also be required to insure a verdict; which if followed up by judgment, would entitle the plaintiff to satisfaction according to its priority, over all other claimants.

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INSOLVENT LAWS OF THE SEVERAL STATES.

But an English or foreign creditor, if residing at the time beyond the jurisdiction of any court in which such suit might be brought, would be compelled on application of the defendant, to enter into security for the payment of the costs of any such proceedings so taken in his name, conditional to his being permitted to continue any such suit.

There are also laws for the relief of insolvent debtors throughout every part of America; but to a certain extent inoperative beyond the particular state or territory, to which they belong; no state recognising the laws of any other, as far as they relate to debtors seeking to avail themselves, or take advantage of them, as to debts contracted in other parts of the Union, or beyond the immediate limit of their jurisdiction. For example, a citizen incurs debt in the city or State of New York, where, if a resident, he is always exempt from arrest. He proceeds to Philadelphia, or elsewhere in the State of Pennsylvania, on business or otherwise. His creditor apprized of his departure, takes care to anticipate his arrival at his destination; when he is immediately arrested on a writ, issued upon the mere application of such creditor from any of the local courts, and held to bail. But here a six months' residence, if at large, or a three months residence if confined in prison, is necessary, to entitle him to the rights of citizenship; to enable him to apply for, and become entitled to a discharge under the insolvent law of this State. He passes through the ordeal and patiently awaits the period of his enlargement; when he immediately