The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-02-24
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your sentence. With time to prepare !or
his entrance iu,o another world be expiates
his offence by leaving this. To the wretch.
ed lnsolvent the law accords no such boon.
He mus, drag out the miserable existence
which you have doomed hm, or supersdd
/ he crime of suicide TO that of debt Minor
offences arc punished with imprisonment
for limited period, OF with corporeal pun.
shmeni, not extending 10 loss Of lile.--
When the victim has undergone these, bis
offence against society Is aoned for, and he
is restored 10 The rights and mmunliies OF
a free citizen. lie only who is unable 10
poy his debts has siuned beyond forgiveness
and the possibility Of expia,ion. TO him
there is no SpeS recuperaHdi-no hope of
recovering his lost estate. Upon him TO
morning can dawn. lie is destined, in Tho
impene,rabIe gloom Of unbroken night, in
sadness aud SORROW, 10 grope hia way 10
the grave.
The true nnd practical mcle, Mr.. Der.
rien said, Of testing the question Of the
tendency Of this law 10 produce immortality,
is 10 compare the bankrupt and insoVent
laws, not in the operation Of the former, Oh
The mass Of inSolreacies, which our neglect
of duty has suffered to accumulate, but 10
examine each in its ordinary operation, as
permanent portion Of system Of jurispru-
deace.
The bankrupt, when he is declared so 10
lie, either by his own confession or the
proof adduced by his creditor, is instantly
Invested of all control over his estate. He
has no hope of relief bot from perfect hcu.
es!y Of conduct, and the relief which It
promises him IS great and permanent. Il
is 10 less than entire emancipation from his
thraldom. Thus the law presents every
stimulus TO hones'y-eyery motive 10 ab.
stain from fraud Superadded to this, is
the knowledge Of the fact that no time at
fords him protection. Ii he has succeeded
5 IN concealng his fraud, has obtained his
5 certificate, amassed property, Ind resumed
5 the station 10 life from which he had fallen,
} that certificate may be rendered invalid,
his newly acquired property may be sub
$ iected to The claims of his creditors, and ho
himself must be deemed 10 ignominy, if, al
/, any period CT his life, however remote. a
9 single act OF fraud be established against
3 HIM. Looking TO the ordinary motives CT
s human action, these would seem to be safe
n guards against dishonesty, which would BIZ
IS efficient even with bad men.
IS What, now, is the situation OF the insDl.
a vent? His mos, valuable effects have been
e assigned TO the confidential creditors, who
have enabled him 10 sustain his falling
d credit, and given him an appearance OF
e substance, by which he has been able to
n delude the rest Of the community. Al last
e the hour Of reckoning comes, bu. il finds
o him stripped Of the means of satisfying
even small portion of the demands against
;, him. His confidential creditors are safe,
o and therefore Indifferent, and so is he. lie
e has committed no fraud in the eyes Of the
IT law IN rendering them so. All others are
k remedIess. He is arrested, imprisoned,
9 and, without some gross act Of fraud, de-
n 4ected during the process, is discharged.
e The boon which is awarded 10 him is that
o Of dragging out miserable existence, with
$ the privilege Of locomolion indeed, but he s
b destined for life TO be the slave of bis cred.
) ltors-liying, moving, and having bis being
2 for their benefit. VIVA: motive has he for
n the houest surrender of his property. if he
If has any left, which is covered from tho
view OF his creditors Why, all his hopes
], for the future depend upon concealmen,.
lie is doomed to life of deception. If he
;. is detected, what them He loses his ad.
venture i, is seized BY his creditors; but
). his discharge is untouched. He may try
!. again. The privilege Of dragging his
Nretched limbs from the market TO the
strand is still accorded to him.
. Lock, now, {said Mr.. B. at the condi.
"a ton of the bankrupt and nsolyont, when
Il the respective process against them arc
. closed, and say which is likely 10 provo the
. better and more upright citizen Tho
bankrupt has surrendered his ALL He is
; poor, nay, destitute, penniless; bu. he is
, free, ard there is the charm. He is really,
!, truly, free. |. is no! merely the poor priv.
= lege of ocomolion which is accorded TO
? him, His hands are unshackled. The
, energies Of his mind are unlettered. He is
. free 10 exert them for his own, and the ben
q eft Of those whom nature and affection
have endoared to HIM. His recovered
freedom is his stimulus. The lesson OF
experience which adversely has taught him
), is his safeguard. The almost utter imprac.
ticabiliiy Of receiving q second time the
boon which has been once accorded TO him
is his voice of warning. Thus stimulated,
: thus fortified, thus warned, he enters upon
:, his new career. If in this world of trial,
j. which we have Invested of its original beau.
" and loneliness, any man may be deliver
ed from temptation, by feeling, by reflection
= by external circumstances, this man is
secure. The path of duty, of upughiness,
of honesty, which it is the bes, interest Of
= all to pursue, is that from which he is al.
/, most without temptation to wander.
And the insolpent, what tsaid Mr.. b. is
his condition Tie, too, has surrendered his
all NJ leasi all which he dare onpnlv claip,