James Madison Papers
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To James Madison from Thomas Cooper, 17 January 1817

From Thomas Cooper

Philadelphia Jan. 17. 1817

Dear sir

Mr Dallas is dead. Gout, brought on by professional fatigue, attacking alternately his Kidneys, his Stomach and his head, proved at length incureable. He had been attacked with it at Trenton about ten days before his death. I say nothing about the loss his friends sustain by this event: the loss is more to the public.

He is dead, and cannot now say to you, what he intended to say, and probably what he has said. I do not know that it is improper or indelicate that I should take the liberty of informing you of his wishes as more than once expressed to me, especially as the interest of another Gentleman is connected with it.

Consulting him on a new edition of my Bankrupt-law,1 he told me that he had expressed to yourself a wish that if a general Law of this nature should be enacted, that you wd. name me one of the Commissioners.2 I have a letter of his to the same purpose, saying that he should make a point of requesting this favour as for himself.

On two other occasions, on mentioning the same design to me with a view to my being settled near him in Philadelphia, he said, that he had troubled you but little in this respect, but that he should make a point of requesting as a personal favour done to himself the appointment of myself and Mr Jos. B. McKean3 as Commissioners of Bankrupt, having greatly at heart the interest of this Gentleman.

I know not that there is any other evidence of these his intentions but myself: what weight they will have, I know not. I believe I do right in mentioning them. I beg you to accept my assurances of respect and regard.

Thomas Cooper

RC (DLC). Docketed by JM.

1Thomas Cooper, The Bankrupt Law of America, Compared with the Bankrupt Law of England (Philadelphia, 1801; Shaw and Shoemaker description begins R. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). description ends 359).

2On 13 Dec. 1816 Joseph Hopkinson of Pennsylvania introduced in the House of Representatives a bill “to establish an uniform system of bankruptcy,” which he regarded as necessary to alleviate “embarrassments, among commercial men,” arising from the “frauds which take place under the State insolvent laws, giving to one creditor unjust preference over another.” The bill was postponed indefinitely on 24 Feb. 1817 (Annals of Congress description begins Debates and Proceedings in the Congress of the United States […] (42 vols.; Washington, D.C., 1834–56). description ends , 14th Cong., 2d sess., 269, 276, 1024, 1025). Congress passed no legislation relating to bankruptcy between 1803 and 1841.

3Joseph B. McKean (1764–1826), the eldest son of Pennsylvania governor Thomas McKean, served as state attorney general between 1800 and 1809. In March 1817 he was appointed as a justice on the Pennsylvania District Court (W. A. Newman Dorland, “The Second Troop Philadelphia City Cavalry,” PMHB description begins Pennsylvania Magazine of History and Biography. description ends 49 [1925]: 75, 79–81).

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