Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1840-04-23
(dI) THURSDAY, APRIL %, 1910.

1861 uut buV PiO"uo JNShihNNttS va tt-$
ground OF impossibiliiy. Now let US put him
upon his trial, TO see whether he is really JUS
|tifabe or not lst Wemust enquire wheih-
Ter he had fair prospect OF meeting II when
he made the debt. If he had not, he is gailty
Of fraud and falsehood TOO. Ii he made unfair
statements in order to obtain credit; nay, il he
was too careless 10 examine his affairs and
know how he stood with the world, and con-
Itracted debts without inquiring how he was 10
pay them, he is guilty of fraud; because he OBJ
tanned credit on the presumption that he as an
honest man would not make debt without
knowing how he was to meet it. IL man
chooses 10 impose upon himself by carelessness,
he has no right 10 impose on others. These
remarks are not intended to apply TO him, who
had ample resources, which have all failed Il
am aware that man might mol be able 10 leRls
ize 500 outof $500 due him from others, md
on that account he might unavoidably fail TO
meet his contracts. Ii is difficult to calculate
for the future in these times Of trouble. But
how lar these reflections will justify the reck
less speculator, who strained his own credit and
that Of his friends TO the utmost, depending on
an uninterrupted train of bank accommodations,
and enormous prices Property TO relieve him,
| leave for others TO determine. To say the
least Of it, it is Inconsistent with that golden
rule Of st. Paul "Owe no man any thing
end. But perhaps this plea OF impossibility
means nothing more than that the debtor has
other use for his money. He saw piece Of
property going low, and laid out the money
that ought to have paid the debt; or, he wanted
another hand 10 raise little more cotton, and
and so took his creditors money to buy it,
This species oiiniquity has become SO common
that it has almost ceased 10 be regarded as vii
lainy. Customers will come TO their merchant
with the most unblushihg effrontery, and tell
him they cannot pay him, because they have
laid out the money for property. Ii he sue
them il is only playing into their hand for
they can keep him out Of the money by law
one year, and they are willing to pay the cost
for the use of it that time; or before the money
can be made by law, they and all their move
able effects may be in another country. There
is not one spark of honesty in this whole bust
ness. 3rd. But another inquiry is necessary
in order 10 try this plea Of impossbiliiy. Has
the debtor used all the exertion necessary tc
raise the money! A promise 10 pay money
) involves the obligation 10 use all the means ne
/. cessary to pay it. III owe debt, just SO mucf
!. ofmy property as will satisfy it belongs 10 my
. creditor, and not TO me; and il keep il, an
!. reserving for my benefit what is really his
: Before can say it isimpossible for me 10 pay
: am bound TO sell 80 much Of my property a
!. will bring the amount, and pay ii. If time
can be gained by the consent Of the creditor
well and good; where there is confidence in the
r Integrity and ability of debtor, most credit
ors will wait if there is necessity for il; but il
they will not, or cannot, the debtor is bound 10
,pay if he even have TO sell his property to do So
i We invite investigation of this point. If is
not correct, then we have mistaken the nature
Iofcontracts entirely. Does not the law sustain
this position, when it sezes on the property Of
i T.. and converts it into cash, 10 pay debt due
to FL No man ought TO suffer himself TO be
sued on plain, undisputed debt, while he has
property sufficient to pay It; because that pro-
perty OF right belongs to the creditor, and he
ought TO have the benefit of it.. But how diff:
lerent is this doctrine from the morality oil
some people. They hold on to their property
las long as possible, keep the creditor waiting
until he can wait no longer, and because he
brings suit to secure his money, they contend
they have right to keep him out q il as dong
as the law will permit. "My object is not 10
get rid ofthe debt, bul only to gain time," says
the debtor, when he puts in the plea Of usurv,
or makes oath that he cannot safely go to trial
for want OF a material witness, who perhaps is
only material in order to put off the execution
six months. Is this fair and just2 Surely not.
i lis, LIST, OBTAINING another mup's moneyin our
hands without his consents End, subecting the
debt to risks and hazards that we're never oon-
Itemplated in the contract, and for which the
Injured party receives no compensation; 3rd,
il puts him 10 trouble and expense without just
cause. Suppose 6. hires horse from. u, for
one week; after keeping him two or thrap
weeks the owner requests that he shall DO semi
home, which 9. refuses TO do on the plea tina,
j he has use for the horse hirnselft III then
brings suit for the recovery Of the property and
for damages, and because he does so, O. con-
lends he has a right now TO keep him out oft
as long as possible. Is this honestg 1t is Just
as honest as tho popular doctrineihat because
q man is sued, he has moral right 10 keep
his creditor out cfhis money as long MS he
can.
But 70 return 70 the point. Another OF the
means necessary in order TO meet our engage
Iments, is economy. We are bound BY thcmc.
raj obligation Ola promise Mo rolrench our
Expenses i we,connot pay our debtswithoutit.
Wehad better ride IN an ox-cart, live in a tent,
and wear clothes Of our ownmanufaciure, than
70 owe money which we cannot pay, But
some vii snV: "it is necessary TO keep up ap-
Ipearances, N order 10 bvrespected,A and A per-
son IS esteemed more highly Tor ii eyensif he
is in debit" What! Live in fine houses, and
the very mechanics that built theta SOLDERING