1831.] SUSQUEHANNA AND LEHIGH CANAL CONVENTION. appointed chairman, and John Rice, Secretary, upon which the following preamble and resolutions were offered and unanimously adopted: Whereas, it is understood that a Convention is to be held at Towanda, in the county of Bradford, on the 4th day of July next, for the purpose of adopting measures to procure the construction of a canal from the river Lehigh to the North Branch of the river Susquehanna, and for the extension of the works upon the last mentioned stream. Therefore, Resolved, That in the opinion of this meeting, the construction of a canal from the Lehigh to the North Branch of the Susquehanna, would greatly promote the prosperity of the country upon both these rivers, particularly, as it would at no distant day, form an important part of an unbroken water communication from the city of Philadelphia to Lake Erie, and that the people of the county of Lehigh ought to act in concert with their fellow citizens of Northampton, and upon the Susquehanna, in adopting all proper measures within their power for the accomplishment of so desirable an object. Resolved, That the proceedings of this meeting be published in the papers of this county, and that the Secretary be directed to transmit a copy to the members of the convention at Towanda. SOLOMON GANGWER, Chairman. Signed, At a meeting of the Board of Managers of the Lehigh Coal and Navigation Company, Philadelphia, June 14th 1831. Resolved, That Josiah White, and Erskine Hazard, be appointed Delegates to represent this company in the Convention to be held at Towanda, on the 4th of July next, for the purpose of adopting measures to promote the construction of a canal from the Susquehanna to the Lehigh, by way of the Nescopeck. EDWIN WALTER, Secretary. On motion, Messrs. Overton, Headley and Herrick were appointed a committee to confer with the representatives of the Lehigh Coal and Navigation Company. On motion, Messrs. Bull, Laporte, Gordon, Rice and Brown, were appointed a committee on the subject of the canal from the Susquehanna river to the Lehigh, by the route of the Nescopeck creek. The Convention then adjourned to meet at 6 o'clock, P. M. Agreeably to adjournment the Covention met, the chairmen of the respective committees reported progress, and had leave to sit again-and the convention adjourned to meet to-morrow, at 7 o'clock, A. M. Tuesday 5th July, the Convention again met. Mr. Overton, from the committee appointed to confer with the deputation from the Lehigh Coal and Navigation Company, made report, as follows: The committee appointed to confer with the Lehigh Coal and Navigation Company, Report, That having conferred with Erskine Hazard and Josiah White, Esqrs., agents for the Lehigh Coal and Navigation Company, and fully interchanged their respective views and sentiments, they feel assured that the Lehigh Coal and Navigation Company take a lively in terest in the great public work, of making a water communication between the waters of the North Branch of the Susquehanna and those of the Lehigh, and that they heartily concur with this committee on its great utility, and the necessity of its speedy commence ment. That they express the greatest willingness to yield to the Susquehanna and Lehigh Canal Campany all the privileges in their power necessary to encourage and facilitate the successful operations of that company. That they concur in opinion with this committee, that the vast interests of the western part of the State of New York, and of the northern part of Pennsylvania, 77 call loudly upon the commissioners of the Susquehanna On motion said report was unanimously adopted. The committee to whom was referred the subject of the contemplated canal from the Susquehanna river to the Lehigh by the route of the Nescopeck, creek, beg leave respectfully to REPORT: That the shortness of the time allotted to them for the purpose, precludes them from doing that justice to the subject which their inclinations and judgment would dictate; they are compelled to confine themselves to a mere reference to its prominent features. The town of Havanna, which is situated near the head of the Seneca lake, in the interior of New York is 418 miles distant from the city of New York, by the route of the Grand Canal of that state; but by the way of the North Branch of the Susquehanna, the Nescopeck and Lehigh canal to Philadelphia, our own commercial metropolis it is only 351 miles; 67 miles less than from that place to New York. With the completion of the projected improvements from the Lehigh to the Susquehanna and the extension of the North Branch Canal to Newtown, will we not have a reasonable prospect of gathering a rich harvest from the products of our sister state, which now pass through her own canals to the city of New York? To the advantage which we possess over her in point of distance, must be added another important one, viz: that our canals are situated in a more southern latitude, and are navigable from two to four weeks later in the fall and that much earlier in the spring. A boat and cargo leaving Havanna for Philadelphia at the opening of our canals in the spring would generally be able to perform the trip by the North Branch and Nescopeck route and return with a cargo of merchandize before the New York canals were opened for public use. This solitary fact demonstrates the great utility of the projected improvements on the North Branch and on the Nescopeck. In order to have a proper understanding of the merits of the Nescopeck route, your committee have thought proper to institute a comparison between it and the other connexions of the Susquehanna and Delaware, which have been made, are in progress or contemplated. This is done without a view of disparaging other routes, for there will be ample business for all the canals and rail roads connecting the great and flourishing valley of the Susquehanna with the Delaware. The following table of distances, lockage, &c. upon the several routes connecting the Susquehanna and Delaware, has been obtained from official reports of professional men, and other authentic sources. BY THE UNION CANAL. Union canal to the point of Aggregate, 80 492 92 60 182 30 78 SUSQUEHANNA AND LEHIGH CANAL CONVENTION. By comparing these statements it will be perceived that the Nescopeck route possesses the decided advantage over all the others of being the shortest route from the Northern country to the Delaware markets. The only continuous water communication besides this is that obtained by the Union Canal. For the want of a sufficient supply of water, this has not heretofore been navigable during the dry season of July and August. If this supply should hereafter be obtained, the canal is so constructed as to admit boats of only 25 tons burthen; hence the Nescopeck, having an abundant supply of water, will always possess an advantage over the Union Canal by admitting boats of larger dimensions, and in point of distance is entirely beyond all competition, or even comparison with that route, the difference being 52 miles in favour of Nescopeck route, or more than one fourth of its whole length. From Northumberland to Philadelphia by the Union canal, the distance is 203 miles; and by the way of the Nescopeck canal the distance is 223 miles-a difference in distance in favor of the Union Canal of 20 miles; but it is believed that this is more than neutralized by the difference in the capacity of the two canals and unfailing supply of water which will render it navigable at all times, when not obstructed by frost. It is fair therefore to presume that the trade of the West Branch would pass through this canal to Philadelphia. The quantity and value of the produce of the Susquehanna valley has been variously estimated. Its tonnage in 1825 was estimated at 100,000 tons, and its value at four and a half, millions of dollars. This estimate was made with care, and founded upon actual observation and information obtained from pilots of crafts & floats as they passed down the river. Fifteen hundred arks were said to have arrived at Port Deposit, and it is certain that many found a market for their cargoes above that place. Admitting that one half of this tonnage, which is a low estimate, will pass through this canal, and it presents an inducement for the investment of capital in the stock of the company, worthy of great attention. (JULY also are met with in the vicinity of Danville and other places, in large bodies; and also at several other places another valuable water cement termed Terrus, which is used as a substitute for the Puzzallano, when that ar ticle cannot be had. Talc and soap stones, suitable to be used in blast furnaces of every description, fire places and for ornamental purposes are also to be had in great plenty along the river.""In addition to these a va riety of elegant marble, slate suitable for roofing, and lastly a fine granite are found in abundance; and in the vicinity of Berwick, Bloomsburg and Danville and other places on the west side of the river, indications of iron ore and bituminous coal are also met with. An exten. sive bed of bituminous coal of excellent quality has been opened on the hills bordering on Towanda creek." In addition to the advantages which will be derived from the construction of this canal, by the citizens of the district through which it may pass, the Commonwealth will derive an additional revenue from the increase of tolls upon the Delaware Division of the Pennsylvania canal. The committee believe they have adverted to the principal facts which demonstrate the utility of the ca nal, and the great inducement it presents to capitalists for an investment of their funds. It may now be proper to advert to the practicability of its construction. The route was surveyed in 1828, by Moncure Robinson, who states that the summit of the canal is 759.284 feet above the level of the Susquehanna, and 139.217 feet above the level of the Lehigh. The length of the line is 37 miles. The lockage may be very much reduced by the introduction of inclined planes. This is a principle which has already been used with success in Europe, and it has been adopted in the construction of the Morris canal in New Jersey. According to the report of Mr. Robinson, the supply of water will be abundant without resorting to the Lehigh; Pine run, Wright's and Bear creeks, furnishing 2034 cubic feet per minute, which may be easily increased, if there be any occasion for it by constructing reservoirs on Bear creek. On the subject of inclined planes, we deem it necessary only to give the following remark from the American Quarterly Review of December, 1830, a work of sufficient character to entitle its statements to full credit: "We have seen that by a judicious application of mechanical principles, the expenditure of water upon inclined planes need not be more than one and a half times the weight of the boat and cargo. Hence canals, in which this may be employed as the means of changing level, may not only be executed in countries of such a character as to forbid lock navigation, but may be made available even when water is too scanty to admit of the use of the lock." With these inclined planes it is believed that-the amount of lockage on this canal will not be more formid. able than that of the Union canal; hence the apparent amount of lockage is no objection to the route. So that in every point of view, whether we consider the comparative length of the several routes, the amount of lockage, the dimensions of the work, capacitated as it may be to pass boats of twice the burthen of the Union canal, or the central position it occupies, The opening of a continuous water communication the conclusion is forced upon us that it will be an imbetween the New York lakes and the city of Philadel-provement of greater utility than any which has yet adelphia, would enable that city to supply a vast ex. been made or contemplated having the same object in tent of country, rich, populous and fertile, with foreign view. When a boat and cargo may arrive at Easton, merchandize and her own manufactures, thereby great- if the Philadelphia market should not suit the owner, he ly adding to the commercial prosperity of our own me. will be able to take the Morris canal and pass over to tropolis. In the valley of the Nescopeck large quanti- New York, the distance being 18 miles farther; or with ties of iron ore are found, with facilities for manufactur- a trifling additional expense he may pass down the ing it. Mr. Trezuyliny in his report, to the governor, of Delaware and through the Delaware and Chesapeake the exploration of the Susquehanna, made in 1827, thus canal to Baltimore, thus carrying him to a central point speaks of the mineral productions of the valley. "The mineral productions of the Susquehanna are found to be very abundant and of incalculable value; consisting chiefly of anthracite and bituminous coal,and iron ore; the red and black Puzzallano ( Roman cement] between all the best markets in the Union. The causes which have heretofore prevented the commencement of this work, viz: the control which the * See Register, vol. iii. pages 54 and 68. 1831.] PROCEEDINGS OF COUNCILS. 79 Lehigh Coal and Navigation Company possessed over it, inasmuch as that company have had the exclusive right to use the water of the Lehigh;and the power under its charter, by the imposition of extraordinary tolls, to control the operations of the Susquehanna and Lehigh company, are now removed; and there exists no impediment in the way of its construction, or the operations of the company when completed. It is therefore a favorable moment to present it to the enterprising and wealthy citizens of the country-who cannot fail to perceive the superior advantages it possesses over any similar work. All which is respectfully submitted for the considera-10 the Select and Common Councils of the city of Philation of the convention. resolution relating to placing the chambers of the Coun cils in mourning, for the late JAMES MONROE, Esq. ExPresident of the United States, and charge the expense thereof to appropriation No. 21. The resolutionrelative to McAdamising Chesnut street, between 5th and 6th streets, which had passed the Common Council, was not concurred in by the Select Council. J. P. BULL, JOHN LAPORTE, J. A. GORDON, OWEN RICE, On motion, said report was unanimously adopted. On motion, Messrs. Lewis, Brown, Mack, Bull and Davis, were appointed a committee to draft a memorial to the Legislature upon the subject of the improvements contemplated in the report of the committees. COMMON COUNCIL.-Mr. Johnson presented the following petition which was referred to the Paving Committee." delphia. Gentlemen,-The undersigned neighbours, citizens living in, and owning property in Gaskill street between Second and Third, represent that they are vey much inconvenienced by the narrowness of the side-walki n said street. They beg leave to state that Gaskill street is laid out twenty feet wide, about 4 feet of which on each side, is reserved as a walk, leaving twelve feet for a cartway, which latter space is not of sufficient dimensions for two carts to pass and unnecessarily large for one. They therefore respectfully ask of Councils to On motion, Josiah White, Esq. of Mauch Chunk, enact an ordinance for repaving said street, establishing Alexander E. Brown, Esq. Easton, Owen Rice, E-qat the same time the side walks six feet each and the Bethlehem, Doct, Samuel Headley, James A. Gordon, and George Mack, Esqs. of Berwick, Col. Jacob Drum heller, of Cunningham, John Laporte, Esq. Asylum, and Col. James P. Bull, of Towanda, were appointed a committee of correspondence. On motion, Resolved, That the proceedings of this convention be published in all the newspapers friendly to the object of the convention. EDWARD HERRICK, President. To the honorable, the Select and Common Councils of the city of Philadelphia. Your memorialists residing in Front near Market street, have heard with regret that a resolution has passed your honorable bodies fixing a stand for drays from the south side of Market to the north side of Walnut in Delaware Front street; 100 feet from the south side of Market, is as they understand already appropriated as a stand for wheelbarrows, which during the shad season is not only crowded with them, but with waggons and carts, waiting a supply of fish. They would also urge as reasons to your honorable bodies against the alotted stand, the vicinity of the market, and at times of a plentilful market the crowded state of Front street, as well as the great injury to those with families residing in the neighborhood. Mr. Duane offered the subjoined resolution which was agreed to. Resolved, That the committee appointed in relation to the public lots on Schuylkill, south of the Permanent bridge, be and they are hereby instructed to consider and report upon the propriety of removing the old engine house on the south western end of the said property, at the expiration of the existing lease, and if they shall report in favor of the removal and improvement, that they report a plan of such improvement as in their opinion ought to be made. Mr. Toland offered the annexed resolution which was agreed to, and Messrs. Toland, Duane Johnson, and Leiper, were appointed the Committee. Resolved, that a joint committee of the Select and Common Councils, be appointed to carry into effect the cart-way eight feet; by so doing they will add much to the comfort and convenience of the residents in said street and of a large portion of the population of the city and vicinity, make a certain public improvement, and in fact lessen the expense of the city hereafter, by having a smaller street to keep in order, which by hav ing the gutter placed in the centre can be easier cleaned and kept clean. At present the said walks are so contracted, that notwithstanding the constructed steps to the houses, passengers are almost every minute during the day forced into the gutters, and children are particularly placed in imminent danger. Mr. Leiper as Chairman of the Special Committee, to whom was referred the petition of the victuallers, made the ensuing report and resolution, which were UNANIMOUSLY agreed to by both Councils. The committee, to whom were referred on Thursday last the memorial, then presented, of Henry H. Miller, and others, victuallers,-and the counter memorials of Henry Troth, and others, citizens of Philadelphia,—and the other counter memorials of Ezekiel Norman, and others, farmers of Chester and Delaware counties, report, That the victuallers by their memorial ask of councils, to pass an ordinance "prohibiting the sale of any butchers' meat, in less quantities than the quarter (of the animal) at any other public places within the market limits, than at such stalls as are appropriated for victuallers; and that any farmer, shinner, or other person whatever who shall offer or expose for sale any butchers' meat, in less quantities, or in any other place or places, than are specified and allowed by law, shall forfeit the same, together with such penalty as the wisdom of Councils may suggest." | That the citizens, by their counter memorial, represent "that such an ordinance would place the housekeepers of Philadelphia at the mercy of the victuallers, and would enable them to demand almost any prices they thought proper to place on their meats; that there is scarce any family, especially in the warm season, who would wish to buy a whole quarter of meat; and the prohibition of selling by a less quantity, would be equal to a total refusal to allow the article to be sold at all." And that the farmers represent, that such an ordinance "would, as they believe, be prejudicial to the interests, and inconvenient, to both the citizen and farmer, in consequence of the most opulent not wishing, and a great portion of the people not being able to purchase that quantity at a time." It is well known to Councils, that by the act of Assembly, authorising the construction of additional markethouses, the western moiety of each new market-house 80 REPORT ON THE VICTUALLERS PETITION. was appropriated exclusively to the accommodation of "such persons as send or carry the produce of their farms to market." Over this law of the state, the Councils of Philadelphia have no controul; and they would probably exceed their legal powers, were they to deny to the owner of a farm the right of selling in market the veal, mutton, and beef, which were the produce of it. To say, that such a farmer should not sell by less parcels than the quarter, would be nearly the same as to deny his right of sale altogether; for no one buys meat in so large quantities during half the year, and few at any time. Besides, there is no law which authorises the City Councils to determine for the owner of a farm, in what manner he shall cut up his meat for market, or in what form he shall expose it for sale. His interest will teach him to expose it in the form which is most acceptable to purchasers; and the legislature, aware of this, may have thought it unnecessary that any legal regulation should be made on the subject. These considerations go to prove that the Councils have no power to grant the prayer of the victualers' memorial. But if they had the power, it is plain to the committee, that it would be unwise to exercise it. The victuallers of the city and county of Philadelphia, form a very respectable and wealthy body of men; whose rights the committee would be anxious to respect and secure. It may however be affirmed, with confidence, that the farmers of the adjacent counties, who attend the Philadelphia markets, are not less entitled to the respectful consideration of Councils. Equally just in their dealings, equally respectable as to general character, and more numerous, they contribute even more largely to the public accommodation and comfort. The fact that they come from different and comparatively distant parts of the country, and cannot, therefore, easily combine together to raise the prices of provisions, or to withhold a supply of them from the market-and the additional fact that they never have attempted such a combination-forms an argument against the passage of any law, which should postpone their interests to those of any other persons who attend the markets. But it is the general good which should be first cared for. If the wishes of any portion of the community are inconsistent with the interests of the rest, it would be unjust and unwise to gratify the wishes of the few, at the expense of the rights of the many. Monopolies are always odious and seldom politic. To grant the request of the memorial, would be to prevent farmers from selling meats, and thus to give this important business to the victuallers alone. It would be to grant a monopoly of articles of the first and daily recurring necessity, to a single class of men. It would enable the victuallers to exact most exorbitant prices, or, at their pleasure, totally to deprive the community of the most indispensable articles of provisions. The hardships which a combination for such a purpose, so fortified, would inflict upon the poor, need scarcely be alluded to. The rich man might suffer a partial inconvenience, but by substituting at his table some other more expensive article of diet, he would be enabled to disregard the combination. But the cheaper meats, which are supplied by the butcher, must necessarily be the principal reliance of the men in middling circumstances, and almost the only resort of the labouring part of the community. No law can be wise, which would make these large and important portions of the community, dependent on the policy, or the caprice, of any single class of men for their daily supply of necessary food. Nor would it be safe, as the experience of the last few days has proved, to confide a power so easily abused, to the hands of any individuals, however elevated by abundance of pecuniary means, or acknowledged liberality of disposition. The people of Philadelphia have seen with surprise and regret, that it is possible for the highly respectable victuallers, who have heretofore furnished their markets, to combine together-not to raise the price of their meats, for such things have occurred else (JULF where—but absolutely to withhold from the inhabitants of the city and liberties their customary supplies of animal food. Had the law, for which the memorialists asked, been heretofore in force,this combination must have been entirely successful; and the public would have been compelled to accede to any terms which the victuallers thought proper to dictate, as the condition on which they might be permitted to return to their ordinary diet. It is the absence of the very law, which the victuallers call on Councils now to enact, which alone has saved the city from the disgrace of such a capitulation. It is true, that the persons who have sold in the market-houses have found, since the first establishment of the markets, that their profits were interfered with by those who sold in the streets. The farmer, who paid twenty dollars a year for a stall, which he generally occupies two days in the week, has found that other farmers, who were willing to dispense with protection from the weather, could sell produce from their carts with nearly equal facility. And the butchers, who paid thirty dollars a year for the advantages of a market stall, during six days of the week, have complained that their brethren in the street paid nothing. To meet these complaints of the victuallers (for the farmers have not complained) laws have, from time to time, been passed by Councils; but the difficulty of distinguishing between a butcher, and a farmer selling the produce of his farm, has, in many instances, undoubtedly made them ineffectual. At the very moment when the memorial of the vict uallers, now under examination, was presented, a law on this subject, carefully and laboriously digested, had been for several weeks under the consideration of Councils. Recent occurrences may justify a reasonable doubt, whether the provisions which it contains, on this subject, are not more ample and imperative than sound policy would now dictate. This, however, is not a question for the consideration of the Committee, inasmuch as the memorial referred to them, prays for the exclusion of all farmers and other persons whatever, except victuallers, from the right of selling meats in the customary manner, and in convenient places. The Committee believe,that such an ordinance would be of doubtful legality, obviously unjust, and impolitic in a high degree. They, therefore, submit the following resolution. Resolved, That the Committee he discharged from the further consideration of the subject. All of which is respectfully submitted. HISTORICAL SOCIETY OF PENNSYLVANIA. A stated meeting of the Historical Society of Pennsylvania, will be held at the Society's chamber in the Philosophical Hall, over the Athenæum, on Monday next, August 1st, at 8 o'clock in the evening. General attendance in requested. July 30, 1831. J. R. TYSON, Sec'y. HAZARD'S REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. VIII.-NO. 6. EDITED BY SAMUEL HAZARD. PHILADELPHIA, AUGUST 6, 1831. JUDGE BALDWIN'S OPINION. WOODHULL & DAVIS Circuit Court of the U. States, versus [Present Judges Baldwin and Hopkinson.] THIS was an application to discharge the defendant from custody, under a ca. sa., and was submitted to the Court, upon a statement of the facts, as follows: William Wagner, residing in Philadelphia, drew a bill of exchange upon. Woodhull and Davis, residing in New York. It was accepted, and paid at maturity by the acceptors. The late firm of Snowden and Wagner had consigned to Woodhull and Davis a cargo of turpentine, which was not disposed of at the time of accepting the bill, at which time the firm was dissolved, and the defendant was carrying on business alone. After winding up the sales and crediting the nett proceeds, a balance remained, excluding Wagner's bill against the New York house. Suit was brought against William Wagner for not indemnifying Woodhull and Davis for the acceptance on his account, and the sum claimed, and for which judgment was recovered, was the amount of the bill of exchange, less the balance of Snowden and Wagner's account. The defendant, being in custody on a ca. sa., applied for his release on the ground of his discharge by the insolvent law of Pennsylvania. This was opposed on the allegation, that the debt was contracted in New York, and therefore not affected by the discharge here. The Opinion of the Court was delivered by BALD WIN, J. The statement of the case, agreed on by the parties, presents only one question for the consideration of the Court, which is-Whether the defendant's discharge under the insolvent law of Pennsylvania entitles him to be discharged from the arrest made under a ca. sa. issued from this Court in execution of a judgment obtained against him eleven months before his discharge? The power of the states of this Union to pass bankrupt, or insolvent laws, and the effect of the exemption of the person of the debtor, or property acquired after the discharge, have been the subject of inuch discussion and difference of opinion. In the Supreme Court they have been so fully examined by counsel, and the judges, as to make it necessary only to state the result of such cases as bear upon the present application. NO. 188. confine it to the second point, yet the first and third having been considered, and their judgment exercised on them, it has always been understood (and so we feel it our duty to view it) that the law is settled on these points, according to the reasoning of the Court, if not their direct decision. The same principle, on the third point, was affirmed in Mason v. Haile, 12 Wheat. 370.* This case was decided independently of any considerations arising from the locality of the contract of the par ties. From the opinions of the judges, in Saunders v. Ogden, 12 Wheat. 213, &c. it seems that the point decided in M'Millan v. M'Neill was not correctly stated by the report, and that it was not intended to settle the question of the law upon contracts made subsequent to its passage. This question remained open till the case of Sanders v. Ogden, in which, four of the judges gave their opinions, that the contract could be discharged by a state law passed before the contract was made; put ting the case on the distinction between bankrupt or insolvent laws which were retrospective, and those which were prospective in their operation. But these opinions led to no final judgment on this point, which in strictness may therefore be considered as not having been adjudicated, though it was the deliberate opinion of a majority of the court; but this point does not arise here, and it is therefore not necessary to the decision of this motion to notice it further. Another point of more immediate application arose in that case. The suit was brought on a bill drawn by Jordon in Kentucky, on Ogden, a citizen of New York, resident there, and accepted by him in favour of Saunders, a citizen of Kentucky. One of the judges who composed the majority on the first question being of opinion, that a discharge under the law of New York was void as to a citizen of Kentucky, four judges concurred in giving judgment for the plaintiff, on the ground of the invalidity of the law, page 369. Judge In Sturgess v. Crowninshield, 4 Wheat. 122, 91, it JoHNSON was the only judge, who gave an opinion on was decided-First, That a state had a right to pass a the second point-the three who concurred with him bankrupt law, provided there was no act of Congress in on the first, dissented on this-the three who dissented force, establishing a uniform system of bankruptcy, conon the first, assented to the judgment which was enterflicting with such state law; and provided it did noted for the defendant in error; but without assigning any impair the obligation of a contract, within the tenth secreasons beyond those given in their dissenting opinion tion of the first article of the constitution. Second, That on the first question, p. 332. Court. Three judges thought the law of New York was such state law, liberating the person of the debtor, and If the case of Ogden v. Saunders had turned upon the discharging him from liability on contracts made pre-mere point of the citizenship of the plaintiff, it would viously to the law, was unconstitutional and void, so far be difficult to say what was the direct judgment of the as it discharged the contract or attempted to do so. But third, That it was valid, so far as it discharged the person of the debtor from confinement; as imprisonment was merely a remedy to enforce the obligation of the contract, but no part of the contract itself, a release from it did not impair the obligation, p. 200-1. Though the Court, in the latter part of their opinion, p. 207, VOL. VIII. 11 * The Court declared that a state law abolishing imprisonment for debt, would be as valid as a measure regulated by the state legislature, acting on the remedy and that in part only; and repeat the doctrine asserted in the former, 378. |