The Sun.
London, England, 1816-07-18 00:00:00

INN!NININMOMOME

gronna ; but that tlicre can be, 'to reason for dis-
tinguishing between the punishnient inflicted upder
the two classes of law. Either in .: one ease it
M
is too mild, or in the other 'T) 'severe. They—
shoUldhe etputlited, and protiably,this could not
be 'clone bette'r, than by increasing the severityln
the one instance, and diminishing it in the other.
Solitary confinement in Penitentiary Ernuses might
bee suitable punishment for both. ►
" the Bankrupt Laws, all payments
made to Creditors within two months of the is-
suing ot th't "cenntnisSion, are recoverable by ac-
tion at the suit of the Assignees. This prevents
the perpetration-of many fraud:, which would
otherwise aitogeth'er AY-Boris the Bankrupt's estate.
" Under the Insolvent Bill., there is no doubt
that the Debtor in most cases saetifices his se-
maiming property, immediately before he surren-
ders to gaol., in contemplation of the approaching
crisis in his affairs.. lie way pay those Creditors
most likely to.assischim after his liberation, and
place property and securities in the hands a others
for imaginary debts."
The Author then notices some minor cotssi-
iterations; and ri cite:nut:oils s'ariolls
which we abstain from noticing, in order that we
may insert at length the very able conclusion of
the Pampltlet, which places 'the subject in a ge-
neral point ot view :----
" There should likewise lie a distinction drawn
between the extravagant awl the unfortunate
Debtor. This would essentially promote morali-
ty', check the abuses now practised, and remove
every observation that cotild b.e int•ille against the
principle of the law. It is necessary to restrAiii
not merely the avaricious disposition of the Cre-
ditor, but the extravagant and unprincipled pro-
pensities of the Debtor.
" The classes of people to whom this Act
chiefly applies, are Clergymen, Aitornies,
Alili-
rail and Naval Officers, Placeruen, Clerks, and
people out of trade, whose incotees are not con-
tingent :—for debts contracted fur were articles
of consumption, which they are unable to dis-
charge, from the extravagance of their expendi-
ture. All those connected with agricidture; musr,
under the present deprcssioo,, tinquestionably
be
included ; but it is to be hoped, that their diffi-
culties are init temporary.
" man-who know ingly lives beyond his ins,
come contracts debts witlioat the weans or pros-
pect of discharging them, and consequently cam-
mils a most abominable fraud upon society. Jt
is but equitable that there shotild be some pu-
nishmeot awarded for such an offence.* No Man
ought to get credit by making a shear of wealth
be does not possess, which enables him to enjoy
superfluities beyond his real 'Means of paying for
them. This is, morally speaking, as complete a
specks of swindling as can be committed: Jr is
obtainittg property under deceet hots appearances,
which is as fraudulent as the strict legal offence of
cortracring debts by•false .pretences, Can there
be a doubt, but that the rights of public justice
demand some putoshment iii these cases, to re-
stpiio others (rota committitig bitullar frauds ?-s-
-lt is hard that the individual whit is bossed down
! by the weight of oticontronlable vir.issitodes, awl
whose insolvency arises altogether from misfor-
tune, should be classed with such wanton violate's
of the eights of society. It is no, crime to be un-
fortunate, alit! distinction ought to be made
between the. man who really is so, and him who•
dishonestly contracts uniteeessary debts. No man
certainly deserves his lie &ciliate liberation, unless
be cats shiest himself to bp to fit object for the pro-.
reetiem of the laivs and if his debts appear to
have been contracted solely to support s:xuavas
gance, theperiod of his imprisonment ought to
be prolouged.
' Nor would it be a difficult task, to draw a Mie.
its these cases,.betweeo the extravagatit and unfor-
tunate Debtor. lit eybarnining each individual,
every reasonable allowance would be mathc for the
ttailties and indisctetions incident to houllit 11A-
ture• frbePoitiLA to HScertaiti, would. be the pro-
pable income of the prisoner, and the necessary rate
of his expenditure. It is e% blew, tleit itt most
CaseB Miller the hits ilvent Act, the. income could
be easily ascertained ; which would tern out, in
many itistateces, to be is fixed and certain one,—
It would elienbe no difficult matter to decide op•
Ott the
,propriety of his annual expenditure ; which
must be regulated by the extent of his family, the
nature of his occupation or •btit ito business,
iesjsc,i ttustitilfiisot.:le.cli
-further expenees as cao be sliest
These facts would be easily ascertained. They
might in some instances require a diligent investi-
gation, but the result would be seldom involved in
doubt. .

" To trlix a punishment, of from one to five,
years' imprisonment, proportioned to the enormity
of the offence, and at the discretion of the. Com-
. upon those whose extravagance stamps
them as fit objects to be held up to public shame,'
would materially fertli,ltilit specks of dishonesty,
which is altligether suhters cr of the (61(01)6011
of credit t,;.lVeil by shopkeepers. If a man could
show, th:o his income, although a settled one,
was Madequate to his necessary expenditure tun
the strictest at:ale, such it ease would not he railed
one of extravagance but, in order to avoid the
implitatiOit of dishonesty, it would he incumbent
on the prisoner to justify hi 4 conduct by ,„„e bet
ter plea than mere indiscretion, and to shew that
in exceeding his means his expenditure was limit-
ed by his ttbsultste and, in dispensible wants. The
distinction aright then-tore be easily drawn ife-

" 'this principle is strictly conformable to, the, remedy of
the 0,8,i0 bonoruw; which obliges the prisoner to set forth
the occasimi and way how- tle came to jua layiertis
is directed by a Rule of Court ioade in Ibis,. The laws
ot S.Ctitiall4l upuu this 411bitet are of great antiquity : and it
is worthy of remain, that they have always ea universal
satisfaction. They entitle the Insolvent to apply for his this-
charge atter a nsouth's• imprisonment, which be readily ph-
taini, as to his person, provided he can shew that his
ciencv has arisen from misfortune but out otherwise. he
6coteli are too politic and just to Aford the same species of
relict to extravagancy as to inislOrtune, Our law is 6ai d to
he framed upon the principle of the (c.t.sio bonurusit; yet how
can this assertion -be supported, when it is notorious, that
Lordltedesilale's Hill every s'isieni of fraud is Il4Caird
with impunity, and that. the extravaout and unprincipled
Debtoi receives the same relief which is exioided to thou:
who sqffer trout 1.11161111 !;i bit, -calamity ? fly the Neotch
Tmw, a full investigation is instituted into the.flehtor's af-
fair", which generally embraces a hind of history of his
life; and if it he unsini,lactory, ,he isreionittled Io gaol,
by
protracted imprisotoutht fur his fowler uns-
ctutansi7,lc-fte.i.'.

t %Veen die tWo classes : 'Ana the ma-n who passe I
the ordeal wittliont difficulty, would be restored to
society without obloquy ; whilst ignominy would
attach 'to tbo:esVhowere byanded by the.law with
the. imputation of ‘frointident exo.avagance. .
Untle'r the Insolvent Debtors' Act, there is
no limitation of automat, beyond which the pH,
sower shall lose the benefit, of its benevolent pros
visions. To ielieye the. imfortitate, )3 the ob-
ject-of the LegiSlatine. . 31. t surely those. cannot
be so designated, whose debts are large„ without
tidying been contracted in the wssi.Of trade. Iu
the event of ii very.eol\siderable, deficit in a nian:S
affairs, this ninst arise either from 'somespecles bf
commercial speculation, or ll'om his expenditure.
In the former case, the individual is in most eases
amenable to the Bantt ruin
.Lows. In the latter,
there is scarcely a pos,ihility of its resulting from
any other source than extravagance. Surely then
some limit should he affixed to the tlepredationi
of that base and dishonest pOrtion of society,,who
will dot in every species of excess, and sifters
wards claim the relief of those ordinances which
have been provided for the benefit of
stile
tin fort unate. A petty delin pie ot may some-
t lines be J idered to escape, flow the nature of his
necessities, and the difficulty to fix with pre-
cision the limits of guilt. But the hardened
ofiender, the bold and impudent culprit,who robs
without mercy 'and without compunction, who
colim;its his excesses front the very lust for vice,
and without any plea of want, such a man ought
not tO be !iutrered practise his dcpraeed course
with impunity. '
" might, in th'e first instance, have been ad-
, viseahle not to limit the amount, as se.?eral pri-
sbners trete eciufined fOr debts to which the for-
mer Acts did, Rot extend ; amt it was designed
'.that the relief should be as extensive as possible.
Tho,e who tiad endured a protracted confinement
un that account, having already been relieved, it
inight.now be adviseable to fix a certain limit.—
, And it mast he contended, dint no man whose
debts are contracted for mire expenditure, can
be imuitied upon any principle, in owing to his
creditors above three thousand pounds. Such a
man, I contend,-deserves to he polished with se-
verity, and ought to stiffer an imprisonment of fives
years.,
" here should however -be an exception in
favour of those connected v. ith aglicoltore; and
others wlioe extensive dealings will justify theta
iu being classed with traders in 'this respect, al-
though not within the meaning of the Bankrupt
Laws : and the Commissioners should likewise be
• directed to
_certify to the Court, any special cir-
cumstences that might arise in individual cases to
justify such an excess, which 'should be vested
with the power to-exercise its discretion in behalf
of the prisoner.
" There is one more species of dishonesty that
• timitestionablv requires some consideration. This
13ill, since it passed the Legislature, has dettu red
the trader !rout resottftg to his former :emit!), of
sorest, iron' the iippteheitsion that by so doing he
should Jose his ,delit, together with consifierable.
costs. It is right to. tclieve the) Debtor front die.
cruel -grasp of vet. geance, but not .by .ebablitug
• hint with impunity to avoid the payment of Isis'
debts by tinpriti, ipied lit igritiem. The kW ditzurni
the editor at his power to threaten the'Dehtof
with its I,ify ;..aud in reruns vests the 1...),.bt0r with
all its terrors, by e.hic!i he is enabled to threaten
in his tyro wilt' ruinous vxpenceS, those to whom
lie may be justly indebted. By this means the
becoine.,, a t,ery torn coat, and ceasing to be
the ally of the Crett,tor, ptostitutes itself. to the
frauiltil.u.
ly
totitsc...e:steits. t
uiu i.ibu.-.l(ityr u
alt t
histu lose
pceiiie:letetb
\ without being harassed w co ei
mmons
occasioned by an tinjitstitiatile opposition to a just
demand.

remedy this abuse, it 'might be necessary
to enact, that any dr feptlaet who shall hencefor-
ward, either homu or sapsetrient to his surre„.
der, fife what is terinetr a sham plea, bring a writ
Of error for the purpose of tidily, or 'deed the
getit ral issue,. without bring able to slim to the
Chminissioners that lie had a defence to the
action, shall nut be tliAcharged by the Act, as to
such demand, until he shall hove undergone an
imprisonment of t li o yea' 0.
" This regtilatiori would materially benefit the
prisoner's eatate. It would restrain him, from
wasting the property of his Creditors in unjus-
tifiable elqiences; and iroin wantonly adding to
the loss of hi, plaintiff by an unto oppo,
sition :. moreover, by preveutiitg him trom pro-
tracting the period of his surrender, it might in
many instances frustrate those trambilenelduns
which would require time to render efficacious, of
dissipating his remaining property by making
partial payinents.
One further ulteration might he suggested in"
the existing Law. . The Act imposes It three
months' imprisonmeet, in order that the Deiftor
may 'not get his discharge without undergoing
stone small punishment for the nou-fultilment of
eugugemeuts. The vbry idea of coefittement
is, however, rendered ridiculous, by allowing the
prisoner the liberty of the. Rules, when he, may
have a stifficient,amount of his Creditors property
ie loud, to enable him to purchase this indulgeoce.
The man who means to avail himself of, the relief
atfoided,by the Act, ought tint to be permitted to
escape ift,til he 11AS Undergone its penalties. This
privilege prodneeS a distinction between the high
and the low Debtor, which the former class
are not Cillitird to. The man who by exceeding
his income, co)iltratctS debts he never means to
pay,. and is, conseqUenily, obliged to seek the
benefit of the Laws for the Relief of Insolvent
Debtors, deserves to stiffer some' puinsithrent.
And it cannot' be said, that he experiences any
serious inconvenience without actual confinement.
coutinrins still lavishly to squander, the eemain-
itig property of his Creditots, owl to enjoy nearly
au ithoollte state of liberty. The restraint impos-
ed on a mail thus situated is but imeginary. Lie
hos neither the appearance nor the feelings of a
prisoner—nu walls to coclose—no luck to secure
him—indeed there is ttothing to prevent his wan-
deritig at lasge, but his-oWn honour, which self
dont 1 teig. Very tot cihly in those who,_,it
• we may Judge from common e2Nperience, are solely,
bent on rolthingt heir Credit,:rs. In tine, (he mai,
who surrenders his perstati to suffer a three months'
imprisonment iu , tii?ch;trge ot debts, should
undergo an actual and nut be al-

lowea to- enjoy the comfoit and lensltio•lß of
country lodging, at a gleac cxnenee-7to,be de-
frayed however, not by hiinself but by big Cr
Cltorg„
, . - .
A trifling objection may he raked to the s7ft-
tem I have suggested, 6y.the delay it might prod
duce in tile liberation of the Debt Or. This would
he easily obviated, by shortening the period of itu.r
prisonment iniptised l,y the Statute to either 0I
ur.two months •,whielt would he sufficiently long
for all the purposes required.: The object of the
13111 being not to aggravate the horror. Of Insol:.
vency, bout( give every possible telief to the un-
fortunate Debtor, cons6tently with the essential
•
interest of the Creditor.
It;is unnecessary to add more upon
,the
I have stated my view of it as briefly as (bp
natstre of the enquiry would allow, although many
imiiort,a.i4 considerations and arguments migh:
have been stiperatHed. The haste with which
•
have beer_ obliged to prepa re these sheets for the
press; has prevented my entering so fully upon thp
various bearings Of the Debtor and Creditor Las
as I could, have dtsyed, an& tilt's( plead my ex.:.
Fuse for eve, The .necessity of ek
perumnent InsOlYent Act cannot, I apprehend, 1).0
doubted ; and the principle of Lord Itedesdale'S,
Bill must appear equally unquestionable. I lt,ive,
eodeav'oured to demoustrate the, solid ad van' age •
of tide Act, and to puitit out its abhses. To te7
medy the latter I have ventured to suggest such 4
course of measures Hs appear to !tie the best eaten-
hated to detect and punish frand."