The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-09-28

n zens there are matters Is which their relation
mi are 90 interviewer, AMI their interests 20 idea
\ siied, that uniform sysseEi IS essential to thei
q lharmonious action and welfare. Intlie lorinal
% Ifion cf0nr Federal Constitution, il was lnten
r fded that these points should Be speciied; IN.
= \ Governments, Among these Is the subject b
{ lbankruptcy. II tie first article, 9Th clause,
i The constitution, It provides that Congress
!, shall have power to establish q Uniform rule D
: naturs lizaficn, and uniform laws on the subiec
Z | a ban tuptciesb throughout the United States
II ii was seen by The trainers or that instrument
that the relations between the citizens OF Che
different States and especially between the
81 trading c0nfnunities b the different towns ana
! lcties. would render i unborn system Of bank,
II ruptcy highly important 40 their interestu III
this grant Of power the patriarchs of our iDde-
/ pendence evidently considered it. the discharge
II ora sacred duty; and il is difficult forfne to
4 assign any good cause why this provision has
not been carrit i into eject, unless it has been
4 prevented by clasliing sentiments upon its
details, as il cannot be Controverted by any
that bankrupta. innocent, unfortunate bank
lfupts, have always existed, upon which such a
| law would operate; and, in my opinion, the law
should be permanent and not Temporary. We
ere acommefcials an Agricultural. and manu-.
featuring nation extending from the cold re-
gions ofthe North to the Capes Of FIoridas near
the torrid zone, and from the Atlantic ocean
to the sources Of the waters of the Pacific
Through this vast domain, and with their varfs
Gus pursuits, bankruptcies must always exist;
| and 1t il the duty of The Government to make
such provisions ais will be calculated to give the
greatest POSSIBLE relief that can be given, con-
sistently with the principles of Justice. Con-
| cress alone has power to do this, and on them
the work deyolyes, not only as a constitutional
rioht, but as solemn duty. Both IN private
and public life have ever regarded it as a par
amount duty to relieve the distressed from
every burden, as far as possible, and especially
to break that yoke by which none can be ben
efttsd, and to soothe, rather than break, the
heart already rent with the anguish of misIor-
Mne.
1t is repugnant to every principle of Justice
to regard bankruptcy as presumption ofguiIt.
In the fluctuations oftrade. the most honorable
men ale often its victims,-and to hold the per.
son of the debtor subject to his creditor, and to
put his future liberty or acquisitions beyond
his own control, when he has surrendered all.
Is to Intilct punishment where there is no
crime, nor criminal tribunal to investigate
CRIME, or to prescribe punishment
Credit IN trade is based upon confidence IN
the success of him who obtains it, and ought
moi in anydegree to depend upon contingent
right which the creditor may claim on the
Ioerty or the future independence of the
debtor. If he chance 20 be successful, all that
they can claim is faithful surrender of his re-
naming effects. Let him begin the world a.
gain. What is the effect Of subiecting his fu-
ture acquisitions the seizure of his creditors!
1t is to stfle in him all spirit of enterprise, and
to bind HIM and his family down to perpetual
poverty, without the remotest prospect Of ben
eft to his creditors or to society. A punish.
ment like this, without the conviction of guilt,
is too revolving TO my feelings to give it sane
ton; and il never ought TO exist in a free or
civilized country. It is said that dishonest
persons viii sometimes avail themselves of the
benefit of bankrupt law. So unfaithfIl MEN
may sometimes be elected to Legislative bodies,
and crimes may sometimes be per0etfated un-
der the cloak of religion. But would not re-
fuse relief to the unfortunate nor destroy le-
bodies: nor strive to abolish Christian
churches, on account or abuses to which they |
are all subject; for the same principle is equally
applicable to all
This powor in the constitution, is joined with |
that of naturalization. and with the same be-
nevolent object. Upon that of naturalization, |
Congress has acted, and, in dong so, has provi- |
ded for the oppressed of all nations, in this land
OF refuge, the blessings of liberty and safety, |
the protection of our laws; and IL was justly ex
pected that bankrupt law would also be pass /
ed, extending protection from oppression to
the unfortunate of our own citizens. and to
those of all other nations who might choose 10 |
come and reside among US. THIS 4 acish TO |
see done M opinion is. that 1t aoiU rebound |
10 the honor Of our country. 1t will relieve the
bankrupt, and, by leaving him nnshackled IN |
his enterprise. he " i'll often accumulate the
means both of providing FOR HIMSELF and Of
luuidatIng his debts, which honest men fre-
quently do under the influence of moral obllga
tons.
The interest Of The debtor, the interest of
creditor, the interest of society. and the glory
of our country, all conspire to sanction the
measure. The object Of Government ought
always to be the mitigation of human misery,
and the Announcements of human happiness, as
far as possible. If can light up the smile of
sgladness, even in one solitary bosom, where
the tear of sorrow was flowing, | enjoy in the
act, qualification which my feeble language
cannot describe. With these senuments,
have ever been the advocate for relief to the
war-worn soldier, and 10 the widows and or
INhans ofthose who suffered or persisted in their
cosntrys defence; and with the views which
haveexpressed upon this subject, have ex-
exerted i nv powers in favor ofthe abolition OF
Imprisonment for debt. When am satisfied
that the object of constitutional measure -
good, ca1uever abandon it on account ofdif-
ficulties which present themselves in making
it perfect in aIl:ts details. Similar difficulties
may be urged with equal plausiblity against
free government; against universal suffrage,
against popular elections; ard indeed against
all of our institutions. It is not good to be I'M
practicable. No man ought to put himself up
as standard to which ali aust come how
ever great, he o.ilI be disappointed ID the end,
and perhaps his usefulness in some measure
lost. We should provide uniform system of
bankruptcy upon as liberal principles as justice
Twill warrant--and as experience shall show
It's imperfections, we should give It sncn con-
siderafion and amendment as will be found
equitable. I should erpect Us provisions 70 BE-
extended 10 al classes ofcuey9 profession, inUOl.
untdry as to merchanfs. and uolnntpry as to
OTHERS. So
The law should embrace ali Eases existing
at the passage Of the law; as weIlAs all which
/ may happen in future. Such are AR views on
this subject. / do not set up myseRss STAN
dard for others organised as I am, Ifould not
i act otherwise. without violation con-
Az. fiN4ey