Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-29

storm oil angry passions rushing over The land:
and from the moment it made It's appearance,
rs tn two parties brought every thing to "A
party ,,si, II had one of these parties for its
friends ~ another for It's enemies From
tins circumstance. 4 prejudice had arisen IL
galnst system OF bankruptcy, which ought
not now Ia have any weight. il not having
now amy party aspect. The objections, in ge-
noral, which We're made To this bill, Mr.. :.
went on to argue, applied with equal force TO
the existing systems in the u. States, which
were as fertile III frauds and in litigation as
this system could be supposed to be. What,
lie asked, was the attachment law of some of
the atates? What was that Of Pennsylvania,
which had been on the statute book for many
years 1t was an imperfect mode of attempt
Ing the same thing whicha bankruptlaw would
more perfectly accomplish. The necessity
was felt, in that state and elsewhere, Of some
mode oflaying hold of the property of those
who shew, by secreting their property, or by
absconding, that they are III the act of failing
In Massachusetts, also, there is an attachment
law the import ofwhich he did not precisely
know. There was one in n. Y ork, too, which he
understood authorized the creditor tn seize on
all the effects of the absconding debtor. Mr.
.. here quoted the provisions of the law of
pennsylvania, authorizing among other things,
that, ON the debtors concealing himself, &c
neral warrant may issue, sc. This, Mr.. S.
SAID, was the very act which was supposed to
DC SO alarming in the bankrupt law, bat which
IN That law, as well as in the state laws,
was intended to prevent fraud and litigation,
&c He anticipated the argument that, if the
States could pass such laws, il was notnecesa-
ry Tor congress To act upon the subject, by
saying, that the state laws would neither be
M ~, IL,
confined to the limits of the respective states,
&c. and therefore could not be an efficient
substitute for Il system of bankruptcy. The
iact, however, that means precisely the same
were employed by the states, to the extent of
thelr powers, as those now proposed to be
made general and uniform, by an act of Con
SFess, went far to answer that objection TO
this bill
Some there are, Dir. S. continued, who saw.
that a debtor ought never TO be discharged but
with the assent of all his cre,iitors-that once
a debt should be always a debt, unless with
the assent of the creditor. If it were simplv
Il question, Mr.. s. said, between debtor and
Creditor and no other person were concerned,
ms argument would so To greater length
Than II now does. But society has an interest
IN u, lhasmuch as 1t is the interest of society
that every man be able 10 maintain himself
one would seriouly maintain, that under no
circumstances would it be competent or pro-
per for the government to interfere between
creditor and debtor, and, when a certain
state OF things shall have arrived, TO dis.
charge the debtor !? Every advantage is civ
en 10 the creditor of arresting the person and
laying hands on the property of the debtor.
But, when it was become evident that
the debtor had given up every thing in his pow
er that, in the condition in which he is pla
ced,he can neither be service;ble TO himself or
to others, and may, indeed, be dangerous TO
society, whilst in di lierent circumstances, he
might he Il valuable member of the commu-
nity-w0uld gentlemen, Mr.. S. asked, contend
That the creditor should for ever have it i'm his
power to hold him in durancc, Sc SC. To
prevent THIS was one of the great objects Of a
proper system of bankruptcy
w hat can the bankrupt do, under these cir
cumstances He is indebted to a large a.
mount. He has no discharge-no exemption
II he rises, il is but To fall. Ii his friends as
sIst-iher advances and his own earnings are
swept away, before he is able TO repair his fall
len fortunes. Ifhe struggles to exiricate HIM
sell, he sinks under the load, and retires bro
Ken hearted and forlorn, without even the
comforts of hope To sustain him. If this al
tentative OF Wretchedness is not experienced.
there's another that inevitably follows, if pos
sbie still moreito be deplored. This is the
covering OF property under the names OF
others. Gentlemen from the eastward must
often have seen on the stores of merchants.
signs with the name of a merchant, and A.
IS. agent" The agent is in reality the princi-
pai, while the protested principal has no real
interest in the concern. But we are told that
creditors are benevolent. blr. S. would adj
mt there was as much, benevolence among the
creditors Ill this country as in any part of the
world but all history and experience had
shewn that there was small minority in eve
ry class of this sort who were of "A different
description. Bankrupt laws are founded on
the principle, that majority of the creditors
are beneS oent and hence it is, the law should
secure to them the benefits they ought to re-
ceIye. 1t forlfies the argument, that when
majority say that the debtor has been honest
ana lar, ke shall be relieved by their benevo-
fence. Mr. ). then adyerted 10 the inefiecfu-
al, imperfect, and partial operation of the in
solvent acts OF the respective states, and urged
mat n0w was proper season in which to
make law so necessary and humane. The
storm beneath which SO many worthy men
had fallen, had passed by. The face of the
world was gladdened with smiles To all. save
to the unfortunate debtor. He is the only ex-
ceptIon-the only being who, however deserv-
ln!s' must bear the brunt and pressure of hard
times, without a prospect of relief There
was also great national consideration involv-
cd in the question. He alluded to the neces-
siiy OF local legislation that would become
necessary if this. relief was not extended. Jea-
lousies and collisions had been already excit-
ca between the general and state governments
PIT by granting the relief proposed by tins
H.. i
ca lie was aware this was delicate ground.
He should give no opinion upon it, further
Than to suggest it To the serious consideration
OF the house. Mr. 5. expressed his unwil-
ngness TO tFespass further upon the patience
li the COmmlflen and rnnrcltod In. a1,h:..4