Opinion · Supreme Court of the United States

United States v. Fox

95 U.S. 670

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1878-01-18
Topic
general

How later courts describe this case

  • Congress may legislatively embrace whatever it deems important to a complete and effective bankruptcy system
  • “[t]he criminal intent essential to the commission of a public offense must exist when the act complained of is done.”
  • “There is no doubt of the competency of Congress to provide, by suitable penalties, for the enforcement of all legislation necessary or proper to the execution of powers with which it is entrusted.”
  • “[A]s [Congress] is authorized ‘to establish uniform laws on the subject of bankruptcies throughout the United States,’ it may embrace within its legislation whatever may be deemed important to a complete and effective bankrupt system.”
  • “ Any act, committed with a view of evading the legislation of Congress passed in the execution of any of its powers . . . may properly be made an offence against the United States.”

Citator

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Cited by
78 opinions

Headnotes

  1. Criminal Law & Procedure — Mens Rea An act that is not an offense at the time it is committed cannot become one by a subsequent independent act of the party with which it has no connection; the criminal intent essential to the commission of a public offense must exist when the act complained of is done and cannot be imputed to a party from a subsequent independent transaction.
  2. Criminal Law & Procedure — Elements — Series of Acts Where a series of acts is necessary to constitute an offense, one act being auxiliary to another in carrying out the criminal design, the later acts are not independent transactions; but an act that bears no relation to proceedings in bankruptcy does not fall within that class merely because it becomes criminal depending on whether bankruptcy proceedings are later taken by the party or by another.
  3. Constitutional Law — Bankruptcy Power — Scope Congress, having power to establish uniform laws on the subject of bankruptcies, may embrace within its bankruptcy legislation whatever may be deemed important to a complete and effective bankrupt system, including legislation for the prevention of frauds committed in contemplation of bankruptcy, and may provide suitable penalties for the enforcement of such legislation.
  4. Constitutional Law — Federal Power — Limits An act committed within a State cannot be made an offense against the United States unless it has some relation to the execution of a power of Congress or to some matter within the jurisdiction of the United States; an act having no such relation is one in respect to which the State alone can legislate, regardless of the purpose or intent with which it is committed.
  5. Bankruptcy Law — Jurisdiction A statute making it an offense to obtain goods on credit by false pretenses in contemplation of bankruptcy, where the offense is complete only upon the subsequent happening of a bankruptcy event that may occur against the actor's will through the agency of another, exceeds federal authority as applied to an act that concerns only the State in which it is committed.
Mr. Justice Field

delivered the opinion of the court.

The question- presented by the certificate of -division does not appear to us difficult' of solution. Upon principle, an act which is not an offence at the time it is committed cannot become-such by any subsequent independent act of the party with which it has .no -connection. By the clause in question, the obtaining of goods on credit upon - false pretences is made an offence against the United States, upon the happening of a subsequent event, not perhaps in the contemplation of the party, and which may be brought about, against his will, by the agency of another. ■ The criminal intent essential to .the commission of a public offence must exist when the act complained of--is done :' it cannot be imputed to a party from a subsequent independent transaction. There are cases, it .is true, where a, series of acts are- necessary to constitute an offence, one act being .auxiliary to another in carrying out the' criminal design. *672 But the present is not a case of that kind. Here an act which may havé no relation to proceedings in bankruptcy becomes criminal, according as such, proceedings may or may not be subsequently taken,'either by the party or by another.

There is no doubt of the competency of Congress to provide, by suitable penalties, for the enforcement of all legislation necessary or proper to the execution of powers with which it is intrusted. And as it is authorized “ to establish uniform laws on the subject of bankruptcies throughout the United States,” it may embrace within its legislation whatever may be deemed important to'-a complete and effective bankrupt system. The object, of such a system is to secure a ratable distribution of the bankrupt’s estate°among his creditors, when he is unable to discharge his obligations in full, and .at the same time to relieve the honest debtor from legal proceedings -for his debts, upon a surrender of his property. The distribution of the property is the principal object to be attained. The discharge of the debtor is merely incidental, and is granted only where his conduct has been free from fraud in the creation of his indebtedness' or the disposition-of his property. To legislate for the prevention of frauds in either of these particulars, when committed in contemplation- of bankruptcy, would seem to -be within the competency of Congress. Any act committed with a view of evading the- legislation of Congress passed in the execution of any of its powers, or of fraudulently securing the benefit of Such legislation may properly be made an offence against the United States. But an act committed within a State, whether for a goo^ or a bad purpose, or whether with an honest or a . criminal intent, cannot be made an offence against the United States, unless it have, some relation .to the execution of a power of Congress,, or to, some matter within the jurisdiction of the United-States! An act hot having "any such , relation is. one in respect to which the State can alone legislate. - ’

The act- described in the ninth subdivision of sect. 5132 of the Revised Statutes is one which concerns only the State .in which it is committed : • it does not concern the United States. • Tt is quite possible that' the framers' of the' statute intended, it to apply only to acts committed in contemplation *673 of bankruptcy; but it does not say so, and we cannot supply qualifications wbicb tbe legislature has failed 'to express.

Our answer to the question certified must be in the negative ;• and it will be so returned to the Circuit Court.