New-York tribune., 1842-02-02
HE TRIBJT N E..
MORALS OF THE BANKRUPT LAwI


One Of the ablcst and most convincing Congress
sional spccchcs of the Session is that of Hon
.joHS NJ BHRErES of Georgia, upon the Bank
rupt Law 1t covers the whole ground-cstablish
ing bcvond cavil its constiutiona!itv= and dcrnol
i.hing successfully the various objections which
have been raised agains, it. We should b,. glat
present the whole of It to our readers but acl
of space compels us to conine our extracts TO tho
following passage, showing clearly and convinc
insly the good moral tendency Of its provisions:
The next objection (said Mr. BERRlEN) is of I;
gravcr character. The law is said to be immoro,
and corrupting tn It's tenAcucy. If 1hi, be 50, ii
ough, to be repealed. Ny reflections have led me
to an opposite conclusion. Such Il law cannot, !
think be corpupting creditors while charity is
among the virtues; nor 10 debtors, if the prayer
that we may not be led into temptation is (and
who doubts tha, it is y of divine original. But
let Us look al the question for moment. In as
s,,ming it as a rule Of our conduct we take upon
ourselves the high office Of ccnsnrs of the public
morals 1t is fit that VIC should do 80, but ii be-
comes us to qualify ourselves for the exercise of
the high functions which ;ppcrtain to it, bv rising
above the atmosphere of party and studiousy e,;-
Guiding every feeling which may divert us from an
honest inquiry after truth. The objects Of the aw
arc
To check the career of the fraudulent debtor.
10 afford relief TO the honest but unfortunate
To provide in each case for an equal distribu.
lion of his property among his creditors
These are honest purposes. If the law be hon
cstly carried into effect, they will be fulfilled But
it is said that frauds will be committed under this
law; that fraudulent debtors will secure its bene-
fits. If we were lcgislatng for angels, we might
expect different result five were omnscicnt
and could guard aglint every wicked device of
man, this would afford a llst ground, not for the
repeal, but for the amendment of the law But
we are men, legslating for men, and we all par
take OF the impcrfections of our common nature
If the fact that frauds will be committed under
law be a sufficient ground for It's repeal, we must
strike out the whole code of our statute law Our,
revenue laws, land laws, pension acts, under each
of these innumerablc frauds are committed. And
even that emblem Of purity tie Independent
Treasury act, itself cold and hcartless as ii wis
and withdrawn by its own intrinsic sclfshncSs
from the sphere of all other human passions and
human affections, and exempt therefore from all
temptation, except the au'I sncra flames which
would have inspired its votaries, its own chosen
ministers, even that has been we'll cxpungcd from
the statute book.
But some fraudulent debtors, it is said, will
avail themselves OF this act. Yes, sir, (said Mr..
Is. with all the guards which yor skill can de-
wise, that result will follow. 1t Is the ordinary
consequence of the nGrmity of the Legislator, and
Of the wickcdncss of the man. What, then
Must relief, therefore, be withheld from the honest
but unfortunate debtor There is a better rule on
this subject to which we would do we'll to refer.
1t is better that ninety and nine guilty persons
ahould escape, than that Innocent man should
suffer | don't know whrthcr it has occurred 10
you sir but the fact is. that the only ancSFic6fe
CRIME in the catalogue oi offences among us IS
debt and the inability to discharge Il. To the
murderer you comparatively mcrclu You
doom him to death, and you execute Your sentence.
With time to prepare for his entrance into another
world he cxpiates his offence by leaving this. To
the wretched insolvcnt the law accords no such
boon. He must drag out the miserable existence
10 which Won have doomed him, supcradd the
crime of suicide to that of debt. Minor offences
are punished with imprisonment Tor q limited
period, or with corporal punishment, nat extending
20 loss of life When the victim has undergone
these his offence against society is ntoncd for, and
he is restored to the rights and irAmuntcS of Il
free citizen He only who is unable TO pay his
debts has sinncd beyond forgiveness and the pos
sibili,v of cxpiaton. To him there is no spes re-
cuperandi-no hope of recovering his lest estate.
,Ip0n HIM no laornins can dawn. He Is destined.
in the impcnct,ahle gloom OF unbrokcn night, III
sadness and sorrow, To gropc his to the grave
The true and practical mode, Mr.. BEnRlES
said of testing the question oi the tendency o tins
law 10 produce immortality, Sta compare the
bankrupt and n.ovcnt laws, not in the operation
Of the former, ON tie mass OF inSolrencieS. which
our neglect of duty has suffered to accumulate, But
10 examine each in lis ordinary operations as Il
permanent portion OF system Of Jurisprudence
The bankrupt when hc is declared TO be,
either bv his own confession the proof adduced
bv his creditor is instantly Invested of all control
over his estate, He hag no hops o!-rchct but from
perfect honesty ei conduct, and the rciict winch 1t
promises him is great and permanent. 1t Is no
less than entire emancipation from his thialdoni.-
Thus tho law presents every stimulus - honesty
every motive TO abstain from fraud. Supcraddcd
10 this. is the knowledge of the fact that time
affords him protection. If he has succeeded in
cencculins his fraud, has obtained his ccrthcats,
amassed property, and resumed the station IN life
from which he had fallen that certificate may be
.,,acsred imuiio his newly acquired property may
be subjected to the claims u his creditors, and he
himself mus: be doomed TO ignonlny, H. Il, any Pc
riud of his life, however remote, single act OF
fraud be established against hm Looking to
the ordinary motives of hunan ;.ciiQn these would
seem to be Safeguards agains, dishonesty winch
would bc ctfcicn, even with bad men
What, now is the situation Of the lnsolvcnts
His mos, valuable effects have been assigned 10
the confidential creditors, who have enabled him
10 sustain his failing credit, and given him an ap-
pcsyancc OF substance, by which he has been able
10 dcudc the res, of the community. A, las, the
hour of reckoning comes bu, it finds him stripped
o. the means of satisfying even small portion OF
the demands agains, him. His confidential cred
i,ors are safe, and therefore indit!ere,t and 50 is
ne Hc has committed no fraud in ,nc eye of the
i,aw in rendering them so. All others are rcmcdi-