The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-02-24

resorts to fraudulent conveyances, to secret
trusts. 10 regular system OF hablIual de.
ception aud his children, into whose young
minds i, would have been, under more pro
pHious circumstances, his grateful task 10
have Justified tho lessons of virtue, are
trained up under the blightlng influence OF
that system of ccoeealmeni TO which he and
iAey are indebted for the comforts and con-
veaeGces OF life. Such is the actual c0n'
dition Of mullitu1es under the operation o!
State insolveul laws. Look at the progress
OF this operation, aud Judge OF IFS effects on
public morals. The discharged lnsolvenI
escapes from his cell, or his prison bounds,
10 the wrelched howell which beneyoence
may have secured TO him, for he has noueht
which he can claim as his own. The wants
of his family call ham to labor, and he does
labor. His earliest efforts are rewarded
BY the pound of beef and the loaf Of bread
with which he a2peases their hunger. e
ven these are Elched from his creditor, for
the law awards them 10 him. Your law
did award them. Bot there is a public
opinion, 10 the moral force Of which even
laws mast yield, ald the wrelched luso!-
vent is secure in the enjoyment oil these,
BY. and by he is enabled TO provide some
little comforts for his helpless wife and IN
FAINT children. These must be enjoyed by
stealth, or the hand Of the creditor may
wres. them from their grasp. Ia process
Of time his labors are rewarded with the
means by which he can do something more
than provide for the present wants OF his
family. lie considers their dependence, his
liability TO be taken from them, and the dc.
sire 10 make some provision for the future
becomes strong, irresistible. lie has no
right to indulge this desire. His earnings
are the property Of his creditor. If they
are discovered, The law will give them TO
that creditor. In st-ic. morality he IS
bound TO yield them. But Nature urges
her own strong claims, and wife whose
spirit has been broken by adversely, and
his children who have been rearedln penury,
are the advocates through whom she pre-
fers them. The appeal may not be resist
ed. The morality which conflicts with II
disregarded. He is a mau, with the aztec
tons and imperfec;ions Of our common "a.
ture. He yields 10 it; be hides his earn.
ipgs; he cheats his creditor and then, with
0 newly awakened spirit, lahors 10 increase
his little store. The repetition Of the fraud
is more easy. Habi, renders it familiar II
becomes the business OF his life. There IS
an occasional iwinge Of Conscience but that
passes, and all that nov disiurbs him is the
apprehension which SEXES hlm, perhaps on
his bed of death, that the deposItary OF his
secret earnings may be as lailhless to his
trust as he has been 10 the legal claims OF
his creditors. Such scenes belong TO, or
rather more frequently occur, in the crowd
I'd population Of our great cities, more
rarely beyond their limits. Speaking gen
orally, the air Of the country is too pure for
them. But who doubts their existence,
the frequent recurrence OF this struggle be.
tween the claims Of nature and affection.
and the Steiner demands Of legal justice
And shall we ST! here, celebrating IN cold
debates, whether mea shall be saved from
Fourth Point. The next eblectiou
which am 10 encounter, said Mr. B., IS,
that the bankrup! law is iaerpediea; that
il is not demanded by the necessities Of the
country; that STATE legislation is adequate
10 cvery purpose. SIR, If the view which |
have JUS. taken be correct, the highest OF
all considerations Of expedieucy, the pre-.
serYa,iou Of the public mOsals, demands il,
But this has been sufficiently dwell upon.
Let US look al it u different aspect.
Sig first proposition, Mr.. B, said 49, that
the paryiag legislation Of the States over a
subject, the regulations concerning which
oa.h. to be uaJ0rm, renders il expedIent
to retain this Law.
The importance Of this uniformity IS
clearly incn'caied By the Constitution Of the
United States, since the only limitation
which It imposes upon the ample gran; Of
power 10 Congress over The whole subject
Of bankruptcy Is, that the laws which they
establish shall lie uniform. But other con.
sIderations as clearly indicate II. Every
commercial Community has found II neces.
sary 70 regulate by special enactmenls the
relations between credito and their debt.
ors, when these last arc 10 failing cncum.
stances. we are a commercial nation,
composed Of twenty six conicdoTated SOW.
ereignlies, and such regulations are indls.
peosable. The necessity exists no, only
in relation TO our foreign, bu, also aud prin.
cipaliy in reference TO our internal com.
merce--to that which is carried on between
these States. WHAT commerce have We
which may compare with this The regu.
tation Of that commerce. belongs 70 Congress.
1t Is fit, then, that Congress should regu.
late, by one oniform law, The important re.
Iations which grow cut it. But there i.
higher reason; II is that Of absolute ne
cessity. Such regulations, 10 be useful
must be uniform ia the sereral States ant
this IL result which State legislation can
nor, and which Congress alone can produce
Consider for a tnomen, how the Legislation
Of the different States may be varied on thu
Subject:
10 some States, statutes Of bankruptc,
may be general and UNLIMITED ID others
I'm. fr.A 4