The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-24
A BANKRUPT LAW.

Gbbon, in his " Decline and Fall of the Roman
Empire" vol. 3, page 1874, holds the following Ian
guage:
" At the expiration Of sixty days the debt dis
charged By the loss Of liberty life the insolyent
debtor either put to death, sold IN foreign slave
ry beyond the iber but if sererai creditors icere
alike obstinate and unreienting, they NIGH legally
drsmemoer his body and satiate their rerenge by hts
horrid partition"
Such the legal rights Of property, establish
ed 10 the famous code of the Twelve Tables of An
Gent Roman Law. II is worthy ofnote that the same
argument used by the Romans justify the partition
of the body Of the unfortunate debtor among his
doIs, is employed to justify, in the nineteenth
century, the peculaIy American practice of making
innocent and unfortunate debtors slaves for life TO their
heartless creditors In the next to the
above quoted, Gbbon says
" The advocates for this savage law have insisted
that strongly operate in deterring idene,s and
fraud from contracting debts which they were unable
TO discharge"
We are willing to concede that debt las due and
unpaid is priHd tacie evidence of guilt, and in default
of property that the debtor ought to be punished All
contend for Is, that when the debtor prove In
open court that his failure 10 redeem his promise 10 pay
Is purely MIST une and not fault, and that he has
honestly applied the whole of his effects TO the dis
charge OF his pecuniary liabilities as fai they will
20, that in such case should public policy and the
rights of humanity demand the forgiveness of the
debt. The God that made us commands all men to do
unto others they would have others do unto them
and man has right to ask orglvenes of his Hea-
venly Father that does not freely forgive those who
trespass against hun. There vir,uous man who
finds himself by some unforeseen calamity, unable TO
pay all his debts, that is willing to have his creditors
hold judgments over him during his whole life which
he even hope to cancel Why, then, should
creditors have the legal right to infict cruel moral
wrong upon innocent debtors, when the wrong works
benefit but positive injury TO the creditors them
selves.
The Federal Constitution renders it the duty of
Congress TO Establish uniform laws upon the subject
of bankruptcy throughout the United States" 1t Is
conceded all hands, By political opponents as well
by personal and political friends, that there does not
live ADLER sounder constitutional lawyer than
Daniel Webster. The following is his deliberate OPT
Mon, most solemnly expressed in the United States
Senate IN regard to the passage ola Bankrup, Law
How we, how dare we, make perfectly dead
letter of this part of the Constitution, which we have
sworn to support, The insolvent persons have not
the power OF locomotion They cannot travel from
State TO State They are prisoners TO my certain
knowledge there many who cannot come here to
the seat Of government To present their petitions TO
Congress great IL their fear that creditor will
dog their heels, and them in intervening
State in this District in the hope that friends will
appear TO save them, by payment OF his debt.
These truths, not crednabIe to the country,
but they truths am sorry for their existence.
Sir, there is one crime quite too common, which the
laws of do not punish, hut which cannot escape
the justice of God and that is the arrest and conne
mcnt of debtor nv his creditor, without any motive
on earth, but the hope that some friend or relative,
perhaps almost poor himself, his mother IT may
be- or his sister or his daughters, will give up their
own little piitancr and make beggars Of themselves,
10 save him from the horrors Of loathsome jail Hu-
man re,rbuion may penetrate the in,y heart that
perpetiaies il but hour Is surely coming, with
more than human retrbuuon on his wings when that
flint shall be melted either by the power Of penltence
and grace or in the fires of remorse.
The friends of Bankrupt Law expect the efficient
influence Of Mr. Webster 10 favor Of this great and
indispensable measure of national relief BY his mas
tcry speeches and those Of General Harrison, Clay,
Crtiendsn, Clayton, and all the most distinguished