Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-02-24

received, inquiring ofme whether am
in favor ola general bankrupt law. On
this, as on all other subjects of nation
al policy, am free to express my SEN
liments. While it is necessary for
the general prosperity that each State
should regulate its own affairs, so far
as regards its own local policy and the
special interests Of its cilizens, there
are matters in which their relations are
so interviewer, and their interests so
identified, that a uniform system is es-
sential to their harmonious action and
welfare. 10 the formation of our Fed
eral Constitution, it was intended that
these points should be specified, and
their regulations con6ded to the Cen
eral Government Among these is
the subject Of bankruptcy, In the 1st
article, 9Th section 18th clause Of the
Constitution, it provides that Congress
shall have power to establish uniform
rule OF naturalization, and uniform,
laws on the subject Of bankruptcies:
throug hout the United States. 1t was
seen by the trainers Of that instrument
that the relations between the citizens
OF different States, and especially be-
TWEEN the trading communities Of the
different towns and cities, would rem
der uniform system Of bankruptcy.
highly important to their interests. In
this grant Of power, the patriarchs Of
our independence evidently considered
It the discharge of a sacred duty; and
tits difficult for me to assign any good
cause why this provision has not been
carried into effect unless il has been
prevented by clashing sentiments upon
It's details, as it cannot be controverted
by any that bankrupts, innocent unfor-
tunate bankrupts, have always existed
upon which such law would operate,
and, in my opinion, the law should be
permanent and not temporary. We
are a commercial, and agricultural and
q manufacturing nation, extending from
the cold regions Of the North to the
Capes Of Florida, near the torrid zone
and from the atlantic ocean to the sour
ces Of the waters Of the Pacific.
Through this vast domain, and with
their various pursuits, bankruptcies,
must always exist; and it is The duty Of
the government to make such provis-
ion as will be calculated to give the
greatest possible relief that can be Civ
en- consistently with the principles of
justice. Congress alone has power
to do this, and on them the work dew
Olives, not only as constitutional right
but as solemn duty. Both in private
and public life have ever regarded it
as a paramount duty to relieve the dis
ressed from every burthen as far as
possible, and especially to break that
yoke by which none can be benefited
and to soothe, rather than break the
heart already rent with the anguish Of
1t is rePugnant 10 every principle of
Justice to regard bankruptcy as a pre-
sumption ofguiIt. In the fluctuations
Of trade, the most honorable men are
often its victims; and TO hold the person |
Of the debtor subject to his creditor, |
and to put his future liberty or acquisi-
lions beyond his own control; when he |
has surrendered all, is to inhict a pun |
shment where there is no crime, nor
criminal tribunal to investigate crime
or to prescribe punishment.
Credit in trade is based upon conf
dence in the success of him who oh
lains it, and ought not in any degree
10 depend upon a contingent right
which the creditor may claim on the Ii
berry or the future independence ofl
The debtor.-If he chance to be nm
successful, all that they can claim is a
faithful surrender Of his remaining ef-
iects. Let him give these aud begin
the world again. What is the effect
Of subjecting his future acquisitions n
the seizure Of his creditors? Itisto
stiae in him all spirit Of enterprise. and |
TO bind him and his family down to per-
petual poverty without the remotest
prospect Of benefit to his creditors or
to society. A punishment like this, |
without the conviction Of guilt, is too
revolving TO my feelings to give it
my sanction; and it never ought to ex-
ist ina free or civilized country. Its
said that dishonest persons will some
times avail themselves Of the benefit Of
abankrupt law. So unfaiIhfnl men may
sometimes be elected to Legislative boz
dies, and crimes may sometimes be
perpetraled under the cloak ofreligion.
But l would not refuse relief TO the un-
fortunate, nor destroy legislative bod
les, nor strive to abolish Christian
Churches, on account of abuses to
which they are all subject; for the same
principle IS equally applicable to all.
This power N the constitution is ioin-
ed with that Standardization Congress
and with the same benevolent OBJ
lect' Upon that of naturalization,
has acted, and, in doing so; has provi-
ded for the oppressed OF all nations, in
this land Ofrefuge, the blessings ofIib-
erty and safety, the protection Of our
laws; and i was justly expected that a