Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-10-28

which makes industrious. economical and pru-
dent citizens. All thinking legislatures will be
cautious that they do not, by laws which produce
little or no benefit to the creditor, obige the debt
or to consider himself as one who cannot, hereaf-
ter enjoy the blessings of property. 1t is quite
obvious that great and various evils would result
from having in the bosom of society numerous
class of this description of persons. This topic
might be pursued; but every mans reflections
will suggest many things, besides those which are
here mentioned.
For these reasons, the State laws ought to pro-
vide, as far as they consttutionally may do, Tor
discharge Of the debt, to follow the assignment
and distribution of effects.
l imagine it would be competent for the legs-
lature to provide. that when debtor had made
an assignment of his lands, tenements. heretlita-
ments goods, effects and credits, in trust Tor his
creditors, the fund shall be divided among such
of the creditors as are willing to receive theirust
dividend, on condition Of discharging thar deJis.
If they do not choose to comply with this condi-
ton, they will retain their debts. with right to
collect them out Of the future acquisitions Of the
debtor, but not by arresing or mprlsoning his
person.
am aware that many persons will think that
law. such as have suggested would be attend.
ed with mischief-ihat there would be many
fraud, in the disclosures of debtors; much con-
cealment, &c.
The answer to all such arguments is two-foid;
first that such mischiefs exist now to a great ex-
tent; secondly. that discriminating system IS
much more likely to remedy them, than system
which makes no discrimination nor distinction be.
tween willing and unwilling, honest and fraudu-
lent debtors.
The debtor ought to know. that If he has pro-
perty, he must produce and assign it, without
fraud or concealnent, or else be imprisoned close
y, ill he will produce and assign his property.
lie ought ill., the next place to know, that by fair
and full surrender Of his effects he can avoid all
imprisonment.
lie will find also wholesome check against
extravaganza aud speculation. in the recollection,
that his entire discharge from debt. must after all.
under the present condition of things, depend on
the good opinion which his creditors entertain OF
him.
There is one evil. connected with this subject,
now existing, too plain not to be seen by every
budy and too great not to be lamentedb by all good
men. | mean the commitment for every small
and triins debt. One angry man shes another
for forty shllings,who. perhaps as angriy reslsts
payment; and is really put in goal for forty shil-
Iings debt and eighty shillings cost. Now, whc-
plain or not, society suffers by allowing this spe
cies of petty hostility. Perhaps the best way
would be to allow no Imprisonment Or execution
for small sums. Or, if the debtor be arrested
and have nothing. and be willing to take the oath.
now provided by law, he ought to be admitted to
take il Immediately. What is the use of keep
ing him in gael. fortnight or a month, be-
fore he is admitted to the oaths IL he is able TO
earn hi. own support. he had better be out of goal
and employed: if he he not, and is paupcr, still
the publ, can support him better in the Aims
house or House OF Industry, than in the gaol. -
If the effect Of such system would be to prevent
the contracting OF lnnumerable small debts, among
poor people, and to accustom them to the habit
of payment down, in their small purchases, would
not this result be beneficial?
We see, every where, that the law Is anvil
ling to allow the creditor to take from the poor
debtor his means OF Immediate subsistence
Thus the bed, the COW, the tools of trade, &c. are
exempt from attachment aud levy OF execution.
But the law forgets, that with the generality of
such poor debtors. the greatest Of all the means
of immediate subsistence is their own personal
tabor. A wise man was travelling in the States OF
Greece, & he found, in one of their communities,
Il law similar to ours, that creditor should not
take the tools of his debtors trade, in execution
for debt, although he might imprson his body.
'.lIere is sagacious peoples" said he, "they
have discovered that the tools Of a mans trade
may support his wife aud children without the aid
Of the man himself.
agree in the justice Of the satire | think the
man of more consequence than his tools. | think.
too. on the general question. that the public mind
is now fast coming to the conclusion, that impr-
sorment Is punishment; and that punishment is
only due TO crime.
Switzerland in Mdimaa-It would seem BY
the following account of this Western settlement,
given in an indiana paper, that Swiss emigrants
have only to travel few hundred miles to find
themselves again at home, in the midst of prospc
rous fellow countrymen.
We have often, says the .Fevay Monitor, ad-
mired the beauty, order and fertility of the Swift
zerland farms and vineyards. and seen with de-
light, the happy and contented countenances of
the industrious Swiss, bespeakins health, peace,
and plenty Frequently, have We heard Switzer-