Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-02


soned perhaps in Il Jail, his family scattered,
and hisproporty sweptinto the hands OF others,
he IS left To the conscience ola monied Shy
lock To determine whether the laws shall ope-
rate or not for his relief. Even single cru-
dltor, he owns third of the debt can deny
him the benefit ofthe law, ayowedy passed
for his relief and this too after he has been
dragged Jail and yielded up his person and
property TO the operation OF the laws OF his
! country. f
1t has been said, by the gentleman from
Pennsylvania, that failing debtor has now
toornuch power, yet he occasionally attempts
TO excite your compassion for the "puo: bank
rupt" too, said Dir. S. am Il friend of the
poor bankrupt" and will not consent 10 take
from him any of the power he now possess
rs to effect compromise, without an equva-
lent. [ am unwilling 10 put him entirely in
the power al his creditor. would leave
hum to make the best terms with him he is
able. But what is the effect of the bill p
Not only power is given 10 the creditor TO
distress his debtor, but IA motsre is added TO
induce him Ia dot, by Withholding his assent
to the certificate of discharge, for if he omits
10 give it, and an estate should fall tU the bank
| rupt by descent or devise, it would enure To
the benefit of the creditor. Your Iaw will be
less humane than that of England. There, i'll
the bankrupt has obtained three liilhs of his |
creditors in number and value his discharge
IS complete, while yon require two-thirtls, and |
ii his creditors will not consent lie may cite |
them before the Lord Chancellor to shew |
reason why they should no; yield their assent. |
w But no such promise is TO he found in this /
| bill
There was no constitutional power, Mr.. S. |
contended, to discharge man from his debts. !
FMS was a government of delegated powers |
1t was not like original sovereign states who
had all powers-but such powers as were not
expressly given, were reserve ed. The question
then here is, where is the constitutional autho-
rity to take the property oil y and 10 give il
to Is Is such L power expressly given? No
1t will not he pretended. Is it given by i'm !
piication Not is forbidden by strong i'm
piication. The Stairs prohibited from
| impalrIng the obligation of contracts and can
The general government prescribe 10 others
| moral Obligations To which it is not bound IL
self 10 yield obedience ? Can Congress say.
that, from and after the passage of the law, a
horse belonging To A shall bel,ng to = Such
an act would be violation of those social and
fundamental principles on which the govern
meDt is based, and by which it is held to-
gether. Suth an act would be not enly he
| yond the power at legislature, but even a
constitutions; or the people themselves could
never sanction il. The obligations of Justice
and right are paramount 10 ali others. Even
the people, in their primary aud collective ca
pacIty, have no power 10 divcst individuals Of
their rights or property. A debt is property,
andls subject 10 the same rules, aud entitled
to the same privileges and protection. Ii is
! provided that this government caun0t take
lprivatc property for public use without giving
to the owner Il far aud adequate compensI-
ton 1t Is also true, as | contend, that go
Vernment can0ot take private property for
private use, even with compensation, much
less without it. No government, has the mo-
| raj right 10 do injustice OF this kind. 1t NAV
i have the physical powca 10 effect it, but to ex
ert that power would be an act OF tyranny.
| MI >. also here adycred 10 another mper-
lection in the bill. BY the English law, the
commissioners were bound Ia refund any sur
plus to the bankrupt of his estate that might
EXIST after the payment of his debts. But III
the bill no such provision was made. 1t was
declared. indeed, that the surplus should re-
/ vert tc tie owner; bat no method was pointed
out, nor course prescribed, by which the re-
version could be compelled 1t seemed TO be-
thought by some thai the b WAS an urirer-
SUI panaccn; that it WAS the Philosophers
stone, and would Yield unlimited blessings
to all TO whom it reached. That it was
powerful measure, would he admitted by
AL, and 1t must therefore hear hard some.
where. In his opinion, it was Tie poorer and
mfddiinG classes at The mcrcanii!, community
that would feel lis pressure most severely.
! 10 the rich merchant il wnuid give a most
speedy and eifcacioIs mefhnd of collecting
his debts; hui, by small slip in his concerns,
| the poor man IL struck as hy clap OF thun-
der; and when the bolt fails, his ease is irreco-i
verable The bill gives To The rich creditor ali
he can ask and operates, upon the middle
merchants, who are the bore and snew of
! the mercantile community, it'll relentless and
undeservcd severity. Il man of that de
scnption becomes UbnoSious to Il rich man,
his rum can be easily effected. servant may
/ declare that he was instructed to deny his mas
ter, and The latter is lrrecOvrribly gone. Even
though Observation-Disclosures Of his creditors are
| willing TO give him fine, that ne may cxiricair
/ himself from his difficulties, and are avrrsc to
making him bankrupt, yet TIC twentieth has
| lirn entirely in his power. The bsolvcnt
laws of the states, Nj S. brlicvrfl, we're pre-
1 tcrable To general system. They were con
ccivcd III parental tenderness. They were
adapted to the situation and circumstances of
/ those on whom they terc To operate. Where
rs, this law was OF an arbitrary characicr--it
! was cruel and abhorrent TO the ferlings Of
| free and generous people. We ought not to
iamllldrize ourselves to laws of this kind. II
was part Of our constitution that excessive
fines should not be- imposed, nor cruel punish
mcnis inflicted. And yet, turn 10 the 10Th
section of the act, and you find foag several
offences which Il bankrupt may commit, pun
ishcd with ten years Imprisonment. Is this
~ the spirit Of our humane Institutions? The
ordinary punishment for perjury is three years
imprisonment but in the case Of a bankrupt
committing perjury, the punishment is ten
years Imprisonment and, such are the singu-
! Tar provisions of fhe bill, that wherever the
al -. &c. Il. Al 4