Democratic banner., 1845-02-15
Communications
TFor the Banner.

the "hope that our code OF avs may
never be stained by the enactment Of a
law SO revoltins 10 justice and humanity,
.s 70 nmure an honest and innocen,
man within the walls of q dungeon a..
mong felons and criminals, simply be-
cause he is unable TO discharge the debts
which he may have contracted
But l take an entirely different view
of the design and practical operation oil
Mr.. Candles bill, from what you ap-
pear to entertain. If ! am not misin-
formed, he is e~ndeavoring to re-establish
the same legal provisions for the collec-
lion Of debts which formerly existed in
this State.
That law, | conceive 10 have been the
most ~lenient TO The honest debtor, that 1t
is possible for a Legislature to enact,
consistent with the demands of justice,
while it made provision for tho punish
nent OF the knave, who with abundant
means to pay, bid defiance TO his indul-
gent creditor.
1t is not always easy 10 draw a line OF
distinction between The honest and fraud
nleni debtors. but for that difficulty the
old law made the best provisions that it
is possible, in tie nature Of the case TO
make. The honest debtor had but 10
testify, before a magistrate that he had
more properly than what the law for the
benefit of poor men, had placed beyond
the reach Of an execution and the claims
Of legal Justice were satisfied and his
character, instead of suffering was left
in a much less suspicious attitude, than
that Of many men who under the presen,
law refuse 10 pay their detts ON plea Of
inability.
While the oath Of the honest debtor
protected him against .he danger of be-
ing inearcerated with fellows and Grim
i%nals", the oath oil .he knave who had
sequestered his property or who was in
fact able to pay and return the property
allowed by law, might subject him TO
the inconvenience Of an indictment for
perjury & the honour Of being associat-
cd with "~f.llons and criminals" in the
penitentiary.
IN our sympathy for ,ke "poor debt
or" we too off en- forget what share of our
pity is due to the '.poOr creditOr.' The
creditor class, as a whole, suffer more
by the present law than the debtor class,
(honesi debtors mean) would suffer
by the operation Of the old law. II
should be borne in mind that creditors too
have their debts 10 paw in their turn, and
while honorable men are usiug their
best exeriions TO meet their engage
ments, the villains whom they trusted
before the existence Of the present
wretched law, will laugh them in the
face for asking him for their own money.
which,he has in his pocket.
Ought not some provision 10 be made
10 meet T." case Of such jockeys? are
they TO go ca as for the last two years
unwhipped of Justice? No, in the name
Of prudence and for the credit of our
State let or legislature re-cnact the old
lava law alike credi;able TO the lccis-
lature that enacted it, aid 10 the age in
which we live; and l will engage that
men who now flourish, their cash
IN defiance of their crcditors-men who
'fare s~umptuously every day" while
those whose money they are using, are
straitcned and embarrassed-pen who
sue and collect money by indirect means
while they are proof against executions
linen, in short, who are protected in
rillainy ard encouraged to perserve in
it BY the present iniquifous law, will
soon be compelled TO be practically more
honest, however knavish they may be at
heart. JUSTICE.