The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1841-01-27

establish a uniform rule Of naturalization,
and uniform laws on the subject of bank
runtcies, throughout the United States
1t was seen by the trainers of that lnstru-
ment. that the relations between the citi-
zens of different States, and especially be-
tween the trading communities Of the diff
ferent towns and cities, would render
uniform system of bankruptcy highly i'm
portant to their interests. In this grant
of power, the patriarchs of our indepen-
dence evidently considered it the discharge
of sacred duty; and it is difficult for me
to assign any good cause why this provi-
sion has not been carried into effect, un-
less it has been prevented by clashing sem
timents upon its details, as it cannot be
controverted by any that bankrupts, in
nocent, unfortunate bankrupts, have al
ways existed, upon which such law
would operate; and, in my opinion, the
law should be permanent, and not tempo
rary."
''It is repugnant to every principle Of
Justice to regard bankruptcy as presump-
ton of guilt. In the fluctuations of trade,
the most honorable men are often its VIC
Tins, and to hold the person Of the debtor
subject to his creditor, and to put his fu-
ture liberty or acquisitions beyond his own
control, when he has surrendered all, is to
inflict a punishment where there is no
crime, nor criminal tribunal to investigate
a crime, or to prescribe its punishment.
"Credit in trade is based upon conf
dence in the success of him who obtains
it, and ought not in any degree to depend
upon contingent right which the credi-
tor may claim on the liberty or the future
independence of the debtor. If he chance
20 be unsuccessful, all that they can claim
is faithful surrender Of his remaining ef-
fects. Let him give these and begin the
world again"
"The interest Of the debtor, the interest
of the creditor, the interest of society,
and the glory of our country, all conspre
TO sanction the measure. The object Of
Government ought always to be the miti-
CATION Of human misery, and the advance
ment Of human happiness, as far as posi-
BILE. If 1 can light up the smile of glad
ness, even in one solitary bosom, where
the tear of sorrow Was flowing, | enjoy in
the act qualification which my feeble
language cannot describe"
sFThe law should embrace all cases en-
istng at the passage Of the law, as well
as all which may happen in future. Such
are my views upon this subject. lido not
set up myself as a standard for others; or
ganized as am, | could not act otherwise
without a violation Of conscience and the
obligations Of solemn duty. For | have
no doubt that if the system should be es-
tablished its beneficial effects would be
felt in every part of our country, and cs-
pecially throughout our whole trading
community. 1t is a system which be-
leve prevails in every commercial coun-
try in Europe, and in every civilized ma
ton on the globe. Indeed, from the ear
liest antiquity, the Jews. though an agri
cultural nation, had their septennial years
Of release, and their general jubilees. 1t
is the same measure in a different form;
the same great conservative principle for
the same great object. In this country all
power is based on the will of the people.
We have no legal or constitutial classes;
but the rich and the poor, the fortunate
and unfortunate, are all equal. There is
a perpetual revolution of property; the
poor becoming rich and the rich becom-
il ing poor; and to suffer any unnecessary
limpediments to enterprise, is to interrupt
the prosperity of the nation. If then the
relief which bankrupt Law gives, extend
ing all its provisions to all who desire it,,
is proper for any other country, it is much
more due to this great Republic.
Most spectluIIy your fellow-citizen
Ri. NJ. JOHNSON"