Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1842-03-17


Py 10 an classes, not excepting this class o
artificial persons and these same obiectors
allege that II violates the Constitution, because
1t is extended to more than sinnle class
namely, traders. But the answer is plain
one. The Constitution requires tha, n hank
rupt law should be uniform in It's operation
throughout Mc United Stafes-,hat is, in the
several States--but does not necessarily re-
qurc that it should be ericnded 10 alt CLASSES
OF citizens in those States
1@tTd point. The next objection (said MIR.
BERRIEN) is of a graver character The law
! is said to be imntorai and corrupting in lis
tendency II this be so, it ought to be rcpea-
ed. My reflections have led me To an opposite
conclusion. Such a law cannot, think, be
corrupting TO creditors. while charity is among
the virtues nor TO debtors, if the PRAYER thai,
we may not be led into temptation is (and who
doubts that it is y of divine original Blu. let
us look al the question for moment In as
Stunning it as Il rule of our condact we take
! upon ourselves the high Office of censors of
the public morals. Its lit that we should do
so, bat II becomes us to qualify ourselves for
the exercise of tie high functions which ap-
pertain to it, by rising above the atmosphere OF
party, and studiously excluding every feeling
which may divert Us from III honest inCuiry
after truth. The objects of the law arc
To check the career Of the fraudulent debt
or.
To alInrl relief to the honest but uniortuate
one.
Toprovidc in each case for an equal distri-
button OF his property among his creditors.
These are honest purposes. If the law be
honestly carried into effect they will beiulfill-
cd. Bat it is said that frauds will be commit
tod p.fn.t IL, Ia, a., = n
secure It's benefits. 1--we were legislating for
angels, we might expect diieren, result. If
we were omniscient, and could guard against
every wicked device of nan, this would afford
just ground, not for the repeal, but for the
amendment of the law. But we are men, lc-
gislatng for men, and we all parake of the
umperlections of our common nature Ii the
TACT that frauds will be committed under q law
be sufficient ground for its repeal, we must
strike out the whole code of our statute law
Our revenue laws, land laws, pension acts, ui,-
der each of these innumcrabe frauds are com
united. And even that emblem of purity, the
independent Treasury act, itself, cold and
hearIiess us it was, and withdrawn BY it's own
intrinsic sclishness from the sphere of all other
human passions and human affections. and OK
cmpi therefore from all temptation, except the
Curi sacra fanlcs which would have INSPIRED
its votaries, its own chosen ministers. even
that has been well eXpungcd from the statute
book.
But some fraudulent debtors, it is said, will
avail themselves of this act. Yes. sir, (said
MIR. b. with all the guards which your skill
can devise, that result will follow. 1t is the
ordinary consequence of the infirmity of the
legislator, and of the wickcdness of the man
What, then? Must relief therefore be Withheld
from the honest but unfortunate debtor There
Is better rude on dis subject, to which we
would do well to refer. 1t is better that nine
ty and nine guilty persons should escape, than
Thai one innocent man should suffer. don't
know whether ii has occurred To You, sir. bu,
tie fact Is, that the only inerpia5ie crime in the
catalogue of offences among us is DEBT, and
tie inability 10 discharge IL. To the murder
er You are comparatively merclul. You doom
him TO death, and you execute your sentence.
With time TO prepare for his entrance into
another world, he expiates bis offence biz
leaving this. To the wrelched insolvent tn.
law accords no such boon. He must DRAG out
the miserable existence to which YOU have
doomed him, or superadd the crime of suicide
10 that of debt Minor offences arc punished
with Imprisonment for limited period, or
with corporal punishment, not extending TO
loss ofliie. When the victim has undergone
these, his offence against society is atoncd for,
and he is restored to the rights and immunities
of free citizen. He only who is unable to
pay his debts has sinned beyond forgiveness
and the possibility of expiation. To him
there is no speS rccuperandi-no hope of re-
covering his lost estate, Upon him no morn
ing can dawn. He is destined, in the impene-
trable gloom of unbrok en night, in sadness and
sorrow, to grope his way to the grave.
The true and practical mode, Mr.. BERRiEN
said. of testing the question Of tie tendency of
this law to produce immortality, is to compare
the bankrupt and insolvent laws, not i'll the
operation of the former, on the urGais Of ins0i-
UcncieS, which our neglect of duty has suffered
10 accumulate, but to examine each in It's or
dmGry operation, as a permanent portion, OF
system OF jurisprudence.
The banbrupf, when he is declared so 10 ne. Ell
ther by his own confession or the proof adduced
over his estate. He has hope of relief but
from perfect honesty Of conduct. and the relief
which ii promises him is great and permanent-
1t is no less than entire emancipation from his
thradom. Thus the Jaw presents every sti,nu-
ius 10 honcsty-every motive to abstain fron
fraud SupeTadded to this, is the knowledge Of
The fact tina; time affords him protection. If
he has succeeded in conceaiEg his fraud, has oh
tanned his certificate, amassed property, and re-
sumed the station in life from which he had fall
len, that certificate may be rendered invalid. his
newly acquired property may be subjected to the
claims of his creditors, and he himself must be
doomed TO ignoniDy, if, at any period Of his life
however remote, single ACT Of lTaud he pSiab-