Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-03-10


effects been prevented there The par
haIncni has gone so far as to make the
cohceaimcnt OF effects by The bankrupt,
punishable with death: auh yet how Of
ten is the crime committed! Every i'll
dncement is held ont by the law to disho-
nesiy-a starving wife aud children I'M
piorc bread and protection al the hands of
The husband and father; Your law teinpis
INN TO secure II Tor them by conceallum
iils aoney or effects, by proclaiming 20
INN, he secret for some three or four
months, until the present storm has sub
sidcd-until your creditors have given
you certificate of discharge, aud then
you may IN safety enjoy the fruits Of your
dishonesty" But, sir, what more does il
do Why, il holds out the temptation in
the one hand aud the punishment in the
| other. Conscious of he difficulty of pre-
venting fraud, III what way does this bill
undertake 10 guard against ii :? You FIRST
put The man upon his oath I; you then
hoid ont inducements 10 niOrmers ; and
even this Is not all: no, sir, said he, you
then call upon the wife TO give testimony
III condemnation of her husband, thereby
breaking up the martial bonds, and alter
ing the established laws of society. The
lovely, delicate, trembling female, is rude
~ dragged before the tribunal created by
ihls bill, and reduced 10 the condition Of
either swearing falsely, or of convicting
ter husband of perjury. Away then, say
J, with system TO be executed only bv
such means. Sir, said Mr.. Il. if you wish
your citizens 10 be honest and virtuous,
do NOT, by your legislation, hold ont an
invitation TO a different state of things
republican government can only be
supported by virtue: and the end of all
our legislation should be 10 encourage
our fellow-citzens i'll lis daily practice.
Once debt, always debt" is
sound rule Ofpolicy. The honorable gen
ileman, (Mr. Hopkinson,) asked if we
would place the debtor at the mercy
of the creditor. No. sir, said Mr.. II. il
does by no means follow from the rule
have laid down. Imprisonment is not
necessary tOen!orce it. Let me refer YOU
10 the law fVirginia. We have adopted
III thai state the civil law rule. The exc
cution is levied on the body; the debtor
gives notice OF his intention TO the credi-
tor, delivers III schedule of his effects
on oath, and is discharged from contine-
meni; but the debt still exists if al any
future day he acquires property he is sill
liable: nay, il he has sworn falsely, and
he is not detected uptil his death, even
then the creditor levies his execution ant
obtains his due. ! contend then, said
Mr.. L. that the lnducement to dishones-
| ty Is nothing III magnitude 10 what it is
under this bill. But, sir, The honorable
gentleman stated that the debtor had IL
III his power, under our state laws, 10 Sc
lect the creditor who should be first paid
lis ii not, also, under this bilg may
he not with perfect knowledge of his 81
tuation, pay of favorite creditor, before
he commits any act of bankruptcy? Tie
gentleman further says, that the debtor
may convey his property 10 a friend, for
ms own benefit, with view of defraud-
ing his creditors. know not what sys-
TEN of jurisprudence prevails in Penn
syivania, but IN Virginia The whole trans
action could be investigated in court of
equity and the deeds rendered void. But.
sir, said he, i'll order 10 give TO this bill
the support of this House, ii is not oniy
necessary TO point ont defects in existing
systems. Gentlemen must prove that
this scheme is as nearly perfeeI as can be
expected. Its warmest friends cannot
pronounce II perfect. Let me remark
here, sir, said MIR. II. THAT nothing is more
difficult 10 prevent than fraud-it works |
under cover, and hides itself from the |
eye of legislation. Ifyou attempt 10 pu-
nisll it, you only drive il to seek out paths |
more unfrequented, labyrinlhs The more
lnexplcable-I do not even ask there
fore for absolute perfection; but the i'm
projections of this bill are obvious and
palpable.
Sir, continued Mr.. T. have another
strong objection TO The bill regard il as
the most fruitful, possible source of liti-
CATION. Look again 10 England for ex-
perience. submit il 10 legal gentlemen
10 say lift has not produced there more
at ID -,
err. The bench of the jurist groans un-
der folios containing innumerabDe eases |
arising under the laws of bankruptcy in |
EnglaDd-loOk 10 our own short expert |
ence of three years, when similar law |
was III operation here cases arising un-
der II have not yet been settled, although |
fifteen years have passed by since lis re- |
peal. A bill has passed this house at |
this session, appointing new commissions |
ers in some case where almost all origi- |
nally appointed have departed this lie. |
Tile fact is, sir, that the commissioners |
and assignees are generally the only per- |
SOILS bent fitted they r3n away with the |
money aud leave tile empty purse TO tile |
creditor. These then are some of the lap |
py effects OF this hoiy bill
But, sir, the honorable member from |
PENNSYLVANIA, has urged upon us the pas
sage OF this bill, on the ground that a pre-.
servatIoH of union required it. You must |
have general system, he tells YOU, for |
the purpose of increasing harmony among |
the citizens Of the different states. Lei |
me tell you, sir, that instead OF producing |
harmony, believe that this bill would be !
an apple ofdiscord 10 the people. How |
would those classes excluded from its O. |
peraIiou like the discrimination il propo- |
SEES to make Would tie mechanic or |