Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-01-31

the Chlncery Court tuSOkeu upoh SVciy S"SP'
cious appearance; and il the debtor Is engaged IN
any pursuit in which money Is required, OH ~
filed, and injunction obtained, Tor the purpose VI
sgan examining the debtor ON oath, and introducing
other testimony, hitch may enable the creuitor ~
seize upon any property the debtor may have IN ms
possession This proceeding may DE continues u"'
risg the debtors lfe and afterwards MS eh,n1,es
and administrators annoyed IN IKE mann ".l,sd to
then can an honest aeptor do! He Is conpeiieu "
al anson the business for which his eduoa,ioi anu
habits have fitted him, or submit to w1rh ,'s ~ -
clerk, and thus earn pittance iof INC supp
his family, without hope of beterths "is .""ui-
to. III he does thi, ms creditors surely cannot be
bene fitted by t-and If he does n"', "as' e I Ii
his creditors expect him 10 do, "nicn sh"i e"aSio
him 10 liauidate the debts wsich MS hls'ortunes
have ,hru,t ,;non ham, Do creditors propose any
BUSINESS Do they held out any nope ioi them
selves or their debtor? Ii Is very uncommon oc
eurrence that creditors devise any way by which
debtor can ostain a living. They generally turn
from the unfortunate man with no sympathy, put
with a feeling akin to anger, and are generally I'M
pres sed with vague belief that they are more 10 &c
sympathized with than he, although they may not
be abe to detect any one act that Is oohoNioNs 10
censure.
MANY debtors after vain and fruiless efforts TO
eomprnm,se and get released from their debts, be.
come disheaTtened and discouraged; and losing all
pride and spirit of ambition contract IDLE ana ais
soute habits, which terminate in an untimeiy DEAN
or in making them burthen to their riehus W INC
public.
There are large number, however, who, being
thus driven orr their pursuits and stu ieeiingthe
moral obligation to support and protect their iai-
lies, seek to oba in some petty office, BY when 10
procure a precarious and dependant living. 10 so
great n extent the evil herein complained oil
prevail that, of the thou ands who are seeking 10
obtain the emolunlents OF office, more thsn three-
ffths, IL is supposed, forced to become aPpi
c4Rts because they have been unfortunate IN bust
ness and are nvoived liz debt to extent that reu-
ders pay ment entirely hopeless. when this Tact is
properly appFe eated, few VIII be surprised at Tue
great number of intelligent business men who are
not only willing, bu DESTROYS 10 obtain the smallest
ministerial office in the gift OF The appointing pow
and tins state Of things must continue To exist
until an unfortunate debtor shall be protected by the
laws an permitted again to establish credit, and
support his family from the fruits of his Industry.
The laws compel a to be dishonest, IT he
would accumulate proPerty-he must become a
knaye or an ialer he must learn TO dssembe aad
cheat lie must conceal his earnings ander the
nsHe of a child or triend-and The more accom-
plishsd he shall prove himself Ii his new PROBES
sion the ill he be enabled to secure for him'
self and his family protect them against sickness
and wan.
When he shall thus have obtained property in
defiance of the laws and IN opposition to the wishes
Of his crediiors-does any one suppose he wili use
the property thus accumulated 70 pay has de =
Did ever a o this kind occur And why has
it Because he has toard the law and his creoi-
tors his worst enemies. They have made him
knave; they compelled him To dissmulatc, and he
looks upoa those to VIII ,m he owes money as his
greatest enemies. 1t in the power OF his credi
tors TO release him irom bondage and by restoring
him 10 hocety and basiness, enable him to become
serviceabe himself and his family. HIS creditors
chose TO hold him IA adegradins sesvitude IA whch
bis pride and nbiion were bIoSen and nls N nd be
cane devoted to devise means to eyadc the law, and
protect himself against those he believed his uIre-
Ienting prosecutors.
The annals of our country do not produce an in
stance Of a debtor having paid his debts by his own
efforts, after having become insolvent TO considcra
BILE amount, when his creditors have refused 10 re-
lease him; and, the contrary, sund eds oi cases
be shoNn,where debtors have discharged all their
Lit info al
they had &C ated in the transaction o. businr
after they had obtained legal release from their
creditors Ia the one case, IL is Impossible lor an
honest debtor property IN the other he has
every motive for eNertion
II bank rupt law shall be enacted, which will ena-
bic an honest MAJ obtain discharge upon the sur
render OF his property what VIII be the elect upon
the debtor, the creditor and society
The debtor will then feel that he laws have made
honesty the est polcy;" that he acts honestly
all his toe law Will protect ms rights
,,ck 70 purrhasc the good will 81 any unpnncipled
individual because he happens TO owe him money; |
but that il he adheres to his Integrity, his misior
tunes shall not charged npon him ss a CRIME
Under a well devised law. an honest man that hnns
hin a n unable to paw bis will mmed ateiy seek
surrender all his property aud render an
of his ksses; and upon such surrender neing maue,
end satisfactory account rendered OF all ms eHeets
and the causes oi his insolvency. he viii be at once
restored credit and society Thus the interest," %
the debtor and his integrity both stimulate mm 10 DO
all that Will elevate his chtrscter Anu iehuei ma"
valuable member Of society
His creditors, instead of being his enemies, and
persecuting him, will, il they think he has acted
Honestly and u competent TO transact business, DE
an xious toa ford HIM any assistance IN Their power
ADD promote FAR possible, his prosperity they
will readily discover tbat an honest man wiiiappre-
ciatc their ndncfs 90 him. and be anxious To accu
mulate property discharge those equitable obiiga
tons which the mary favnrs they may have done
him will have made binding than any strictly
legal debt He will be received among his creditors
without reproach; and the mis- ortunes OF an honest
debtor instead Of making him an QUEENSLAND degrad-
ed man, will call around him host III interested
friends who will be deeply anxious to sustain his
character and prrmo.e his welfare.
Upon an appli atioa for discharge under bank
rupt law the debtor shout be required II establish
hi gritty. aud make conveyance OF all his pro
perry hen these tw acts shall have been done, 10
the satisfaction of the proper tribunal, the debtor
should be forthwith discharged from all his debts
AZ such law, simple IN its provisions and direct
In its Ell cts shall receive the sanction OF your
honorable bodies the interest OF society will be har
nonized and promoted tn. unfortunate relieved and
gu stained and the laws respected and enforced
Your memorisiists will ever pray, nc