Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1831-03-24

sstu EAR WEBSTER, IL proceeds, IN the FIRST
place, to distinguish clearly and broadly be.
tween more debt, and Official delinquency -
Ahis distEchen is founded, not only in
true policy, but in correct morals also. I'm
PAID debt IS enc thing; violated trust very
much another tAng. Delinquency, or fai-
lure IN the discharge Of official duty, find.
neither taver nsr indulgence in any Of the
Provisieps of this bill. Principals in official
bonds, and all persons who have received
money 10 be paid into the Treasury. or who
have received it from ths Treasury, for pub
lie disbursement, ara cut OF from all its cen
eiits. This is just II is not unworthy of
remark, hsweyer, that in the history of our
Government, the public has lost Infinitely less
by public debtors, than by public officers and
servants. Six or seven hundred millisns of
dollars have been received into the Treasury:
aimsst all by being first secured by bond,
with only loss of tho half one per centum.
This fact speaks much, not only 10 tbs credit
OF tho system, but also for the integrity and
punstuality of the American mercantile cha.
racter. Ne Government in the werld, be-
lieve, collects its revenues with moro certain
~, or more economy than surs. But thrust
be confessed, that when VIZ proceed 10 the
next stage, and lock into the disbursements,
made out Of the Treasury, fer the objects of
Government, and to the degree Of 6delity
and correctness which has there prsvsiled.
our experience has been far less gratifying
The servants Of the Government have lost
us thousands, where those whom the laws and
the course of business have compelled to be-
come eur debtors at the CUSTOM House, have
hardly lost us dollar. The mercantile cha
racter has sichly earaed this distinction Ia
al times 1t has shown Itself worthy to be re-
led on; in all times, in prosperity and adyer-
sity, in peace and in war, amidst all the C.
vents that usually affect national income,
or shock systems of finance, the Government
has always felt that what was due TO it froa
the commercial community, was to be count
cd on, as SO much already in its Golfers
debtors of this elias, becoming insolvent
without lmputatisn of fraud or dishonesty,
| have fsir claims 10 discharge. On the o.
ther hand, let the severity Of the law cent?
| nue. towards public delinquency lie. those
who solicit public trusts, understood, once
! for all, that rigorous rule will be applied,
that perfect accounting will. be exacted; &
that debt, created by disregarded daty, and
violated trust, ia a fetter never TO be broken.
The bill, Sir, proposes and open proceed
ing, to ascertain the facts in each particular
case. The insolvent debtor is to apply by
The petition is 10 be referred 10 commission
ers, whe are 10 inquire into it, with power to
examine the petitioner and any ether persons,
on oath, respecting the whole matter before
them; and they are to be attended by an a.
gent, on the part of tho Government, to in
terpose objections, and demand explanations
OF whatever may appear 10 require explana-
ton. The facts thus ascertained are to be
referred to the Secretary of the Treasury:
| and thsreupon he is authorized to compound
| aud compromise the debt, according TO the
circumstances, aud discharge the debtor.
1t might be expected, serhaps, that the
hiil would have provided that, 10 every case,
| IL no fraud or anfairness appeared, and clear
insolvency and inability to pay were made
manifest, discharges should DO granted Of
course But from what was known, in re-
gard to some existing eases, it was thought
better still to leave the Secretary some discre-
ton. 1t ia known that there arc eases in
which, by the contributions of friends and
connexions, or other means, considerable sums
would have been paid if discharges could
lave bsen obtained; which cases, without
such prospect Of discharge, would be cases
sf great and total loss So that oae effect
Of this very measure will doubtless be, to
cause reesipts into the Treasury OF consider-
able sums, on acceunt Of debts, no part of
whiah, without it, would ever have been col
lected.
The next important characteristic Of the
bill is, that in It's operation it is altogether
retrospective. 1t is not standing provision
1t applies only to past cases. lis object is TO
settle up aud close eases of insolvency, long
since happening, and still existing; TO make
| sort Of half century jubilee, and set all the
honest and unfortunate once more free from
the demands of Government dehts.
We sec taat, in the individual concerns of
csnmersial men, is found indispensable
that soma system, having the actual effect Of
| a system Of bankruptcy, should be adopted.
Congress does not seem disposed to exercise
its undisputsd power of establishing such a
system, for the whole country, by law; no
State can establish such systsm, except to
| a partial extsat; and most of the States havA
net attempted to provide any at all. But vo-
luatary assignments and voluntary aischar-
gss have come into very general use, from
the absolute necessity of the case. Individ-
uals thus establish rules of distribution of eff.
fccts. and for the discharge from debts, for
themselves. But Government has act the
power whiah belongs thus 10 private ere
otter. The Treasury cannotcompronise nor
discharge the debt, in any ease, without fail
payment. Under tsis act, as 70 past sbIiga
tons, it viii possess that power; and whes
its anerafian sbalI have bean aean and triad