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

uAI4 III own 1NaIIt AZ I q RI. =
: 1cal policy andite ereca' interests q - CIV
{ 1ena. there are nalit e NA.eh lisit fe's. loA
z are 50 interviewer. anl I'.'r inl1I ~. q 80
tded. that uuilaFn eI.'e. g el'sniiaI e t.e'i
: hasnonion. atti16 an1 welfare. In he lorua-
3 lim 0fcar Federal Colsitailod Z wss .nten.
: dea thai lh points should b specile.di anq
their aferu|alieas" condded q ne uenefa.
J Gofemmsnt Among lheso . tae subject q
{ bankruptcy. ID he Inst article. aih clause, d
TIE constitution. provides that Congress
, shall have power 70 establish Uniform rule q
nat1ralizaiion tnd uniiorm laws On ne subject
. ofbankfulicies throughout The Uniied ciaies.
Il was seen By de fiamefs 81 that instrument
that the relations between tie citizens Of The
different States. and elpecialy between the
!, trading communities B! ihe different towns and
cities, would rehdofa unborn system Of bank.
rapicy highly important 70 their iniereais, N
tbs grant Of power The patriarchs Of our inde-
pondence evidently considered i The discharge
ola sacred duty; and il Is difficult ior mo 70
assign any good cause why this provision has
not been earn q into eject, unless i has been
prevented BY elashing sediments upon iis
details, as il cannot Be controvericd ~ any
that bankfupga, innocent, unfortunate bank.
runls, have alnays existed, upon which such
law would operate; and, in my opinion, the aw
shduld be permanent and not Temporary. We
are a commercial, an agricultural, and . manu-
aeiuring nation, extending from The cold re-
gions ofihe North to the Capes Of Florida near
The torrid zone: and from the Atlantic ocean
10 the sources Of the waters Of the Pacific
I Through this vast domain, and with their vari-
Gus pursuits. bankruptcies mist always exist;
and Il Is the duty Of he Government 10 make
such provisions as will be calculated 70 give the
greatest POSSIBLE relief that can be given, con-
sisteutly with the principles Of Justice. Con-
gress alone has power 10 do this, and on them
il the work devolves, not only as constitutional
riobi. But As a solemn duty. Both ~ private
and public life I have ever regarded il as par
amount duty 10 relieve the distressed from
every burden, as far as possible, and especially
10 break that yoke By which none can be ben
Gifted, and to soolhe, rather than break, the
hart already rent with the anguish Of mislor-
nne.
It is repugnant to every principle Of Justice
10 regard bankruptcy as presumption ofgulh.
1.-The fluctuations oftrade. the most honorable
men an often its victims,-and TO hold the per.
son Of the ebiorsubjeet to his creditor, and 70
put his future liberty or acquisitions beyond
his own control, when he has surrendered all,
is to infiet punishment where there Is no
crime, nor criminal tribunal TO investigate a
crime, or TO prescribe punishment
Credit in trade is based upon confidence IN
the success Of him who Bhtains It, and ought
not in any degree TO depend upon contingent
right which the creditor may claim on the
liberty or the future Independence Of tho
debtor. II he chance 70 be successful, all tina
they can claim is a faithful surrender Of his re-
naming effects Let him begin the world a.
gain. What is the effect Of subjecting bis 70
ture acquisitions t the seizure Of his creditors
It is 10 stife in him all spirit Of enterprise, anI
to bind HIM and his family down 10 peFpet pa
Z 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 10 exist in free o.
civilized country. II is said that dishones
persons viii somslimes avail themselves Of thi
benefit Of a bankrupt law. So uniaithfdl iiieI
may sometimes be elected to Legislative bodies
and crimes may sometimes be 2er9etfated On
der the cloak Of religion. But ] would not 70
fuse relief to the unfortunate, nor destroy le
gislative bodies; nor strive to abolish Christial
churches. on aC6uunt " abuses % Witch tltul
are all subject fot the same principle Is equal!
applicable to all
This powor in the constitution, is joined will
that OF naturalization, and with the same be
pevolent object. Upon that Of naturalization
Congress has acted, and, in dong so, his PROV
ded for the oppressed ui all nations, 10 this Ian,
Of refuge, the blessings of liberty and safety
K the protection Of our laws; and It was justly ex
pected that bankrupt law would also be pass
: ed, extending protection from oppression &
!, the unfortunate Of our own citizens, and L
( those Of al other nations who might choose 4
come and reside among US This ! lotsh {
!. Sc. done. M opinion Is, thai Il DiA rsdouR
u % the honor If our country. It will relieve th
Z bankrupt, and, BY leaving him unshaekled i
2 his enterprise. he will often accumulate ih
:, means both OF providing lor HIMSELF and (
= Hqudatna bis debts, which honest men fre
= uuently do under the influence Of moral oblga
tons.
This interest Of be debtor, the interest
CREDITOR the interest of society, and the gor
Of our country, al cnnspire 10 sanction N
e measure. The object Of Government ougl
:. always 10 be the mitigation Of human miser
r and the advancement Of human happiness, Z
Al far as possible. II ] can light up the smile
!. sgladness, even in one solitary bosom, whsl
! i The tear If sorrow was flowing, | enjoy in n
act, qualification which my feeble languae
a cannot describe. With these sentiments,
D, have ever been the advocate for relief to Il
al war-worh soldier, and to the widows and o
Al Rhans ofthose who suffered or persisted IN the
n c0srtrys defence; and with the views which
have expressed upon this subject, | have e.
ns. exeritd / my powers in favor ofthe abolition
d Imprisonment fof debt. When am satisfC
that the object Of q constitutional measure
sh good, eanuever abandon it on account Of d
W, icultos winch present themselves in makiT
m il perfect in all is details. Similar difEieull
to may be urged with equal pausiblity again
Of free government; against universal sufftag
tv. against popular elections; ard indeed again
m. all OF our institutions. Il is not good 70 be il
IN practicable. No msn ought 10 put himself
u. as a standard TO which an must eonie-hol
n. ever great, he vill be disappointed ID the en-
=. and perhaps HE usefulness in some measu
-, lost. We should provide a uniform system
bankruptcy upon as liberal principles ss JUST
fers viii warrant--and as experience shall she
Aqf iis imperfeclionsl we should give il sucn co
"a sideralion aud amendment as will be fou
ere equitable. Tshouh srpsel Us provisions 10
ne extended 70 az classes ofeUsry profession inn
ca unfary as 70 merchants, ana U0lHnfUrg as
law OTHERS.
mis- The law should embrace all tases exist
.ur- ct the passage OF the law; as wells an viii
dit may happen in future. Such arc ng views
ely this subject. DO not set up myself Is Sta
as dard for oihpFs--Orgaused As am. tould }