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

fep z bul Fe ere pot The iesa eontihe'-
thai d eist. raiuiuy, humaae andiu-t
msasa. 1so Il he creditors Al he enee'a
Of he 5.or, und without diminishing the
moral Ilir,lian i f1lsly uighaisw the legsi
compel ion 10 81 Do debts ana De means Of
paVr,sui bad seen already completely exhaus.
lie1. Iflhere uasany dishonesty and fraud IN
tho Contraction Of The debla, q there was any
violation 81 trust, nt the debt uau ETA peculiar
eharactsr this law withheld lie benlgnanl and
marcifu nieFpogition, i ieil The disboneal debt
o. 70 hn meriied ate Bot when The debtor
went into cour with clean hands and a clear
conseisnee, when - SURRENDERED % BE credi-
tors 81 he means he poaesed 81 diachafping
his OBLIGATIONS % them, and asked . Be rclea-
ED from TIE bo1dage. which hs debts imposed
upon bin. 10 BE- allowed The privilege d begin
niue again IL The world. 70 Be permitted 70
earn q subsislence foe HE family, without hay-
ing i snalched from their mouths b. The Ieleni
less operation 81 law, THE humane and psliic
measure had The effect Of reinaiat.ng him ~
bic position as a freeman. and d restoring him
to society with allhis powers q usefulness M
feltered That Frauds have been committed
under ths Law We are ready to admili but that
i does nor imp1eh The justice ana equity Of the
law, i appliest0 The individuals who have avail
Jed themselves Offs beniguanl provisions for
their own fraudulent and dishonest purposes.
Such was not the intention Of the act, h was
never designed 10 shield fraud, and whenever
thar can be eslablIshod, the discharge q null
ana void There win be At al times dishonest
individuals, who By perjury and other corrupt
means may succeed IN eyading The intention
Of laws, but the lawmakers are no more charg-
able with their successful knaveFy uan the
locksmiih can be held accountable because a
thief may have opened his locks By means Of
false keys. The best devised laws cannot pos
sibly guard against every instance Of individual
! dishonesty. When the general purposes Of
law are for the public good and, IN the f,as
ming oft, every precau;ion has been taken to
II prevent its successful evasion, no reasonable
man will either condemn the law or censuFe
i'q advocates because il has not been sufficient
+ IN every instance to prevent corrupt and I'M
1f prinopled men from perverting IFS beneficial
:. purposes 10 the accomplishment Of their frau.
dulent designs
Ninetcnths Of the debts, which were rBleas.
, ed under the operation Of the Bankrupt law;
q were utterly hopeless and, as the creditors had
a to depend upon TIE dispositions which the debt
e OTIS might iee.to discharge them, they are now
: "a no worse condition than they were before
the bankrupt law was Fesorted 10. As the
y effect Of this law vas 10 remove the legal COM
T. pulsons and not lhe moral obligation tn pay,
IN every honest debtor will feel himself as strong
" bound to discharge his Just debts as II no
u had never been legally released This in ma
g ny instances By enabling the debtor 10 direct
,e his means in a safe and efficient manner, in.
~ stead Of having them filtered away By his
creditors before they could be applied towards
y accumhating an amount sufficient TO have
as much effect IN reducing his debts, has placed il
be IN the power Of many debtors to discharge
debts which they probably never would have
been in a situation TO do without having resor.
be ted 10 the Bankrupt law. Such instances are
lie by no means rarejw we have known many which
.o have come within our own observation.
But without considering thus law in its benz
" ehcial effect upon the interests Of the CREDITOR
k let US suppose that those who have avaied
eh themselves of It's advantages in getting releas-
N ed from their debt, contribute no portion Of
their future means IA the payment ofthoso
u debts from which they have been aSsoVed;
IT. how is then course worse in a moral point OF
as view than that Of the thousands Of u.iluniary
ds inSolpents, who so far from mqkng an effort %
discharge their Indebtedness resort to every dis
honest and unjusti6abe means to resist the
ne legal comulsionI To hear these hypocritical
r. pretendefs 70 honesty deelaim against the
Il Bankrupthw and those who have been rcdu.
eed TO the necessity Of resortlng to il, one
~ would be inclined 70 believe that there was
% great virtue IN the course which they pursue,
he But as FAR as the interests Of their debtors are
AL affected, It would have been Just as well for
!, them to have received the fullibeneit Of this
- Law as to remain in their present situation,
ne They have entrenched themselves behind bar
"a riors, BY which they are as cffectually protect
he ed from the operation Of any legal process bv
which they may be compelled TO pav their
debts, as il they had full and complete absoln-
"a ton. Among those, who figure conspicuouslv
I'M in this honorable immunity, whilst they are
ad IN the possession Of Immense estates end live
N oriental splend5r, is DR. Gp inn, late member
eo Of Congress from this State. Not one solitarr
d. cent as we have been assured can be mads
il out 0fthis pfincfly nabob BY any Of the meth
- DDS known to he laws Of this Stare.
The Hon. John Ferdinanio Hsmlrammoc
" Claiborne luxuriaies on the proceeds Of hig
TO wile's estae settled upon her BY himself whilst
he Mr. Jesse and other gentlemen in Virginia
i. who SOLD him their negroes on credit, have to
lament in poverty their misplaced confidence
s. in tbs voluntary insolusnt whose name has
I'd been connected with almost every act that can
d, disgHcea man. Let the NatcheE Free Trader
!, lool to these and other such instances before il
sgain parades in he columns the names ofeeR-
y itlemen, who had already proved by the publ
af cation oftheif notices 10 Bankruptcy, that they
&c had no, the false shama Of wishing to conceal
.e their pecuniaFy condition from the world.
: Hundreds may be daily met with who nef.
Their pay nor make an effort to pay their debts.
who resist any attempts that their creditors
u may make 10 force them, and yet many ofthess
q individuals have The impudence to rail against
\ The Bankrupt Law The open and candid
course Of the honest Bankrupt IS infnaelv
: more creditable than theconduct ofthese men
!. In hiscase, after i has been satisfactorily bro.
Q we'd that be has 20 means Of payment, that he
/, has surrendered al he has, he Is released fror
al legal compulsion, bot not from the moral
2 obligation 70 discharge bis honest debts. and
!. Is allowed 70 60 free, and 10 put himselfagain
o in a condition 10 relieve himself from tboss m.
a legations which he feels hlmself bound d Dasst.
On the other hand, no surrender 4 made. M
oath iaken, no satisfaction given. bat lbe ~,
: tiHtary iHsolueni puts himself upon The defsn.
4 safeguards himself with al tbe palisades which
deeds Of trust fictitious sales, and the inlrics.
eies ofthe laws can throw around him. and Al.
ies bis creditors. Between these two no bon-
ofabe mind w0uld hesitate II urelsFine ~
+ course taken By the honest bankrunt
Ruf As II raonrHa ranlt1;.tt.- !. -.