Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-03-31
COLLECTION LAWS.

task. The reEormer has every thing to con.
tend against. He proposes 10 enter Upon a
new and untried sphere, and can urge
nothing but his honest and ca rnest convic-
tons in favor Of it. He has no past expe-
rience, no proof, nothing demonstrated, TO
convince those whom he addresses. He is
satisfied in his own heart, and whilst he ur-
ges its earnest convictions he must be con-
tent TO wait ill the popular sentiment, a.
reused 10 thought on the subject, grows to
appreciate and unite with him. We be-
lieye, never in the history of the world, was
a reform proposed but had long,not doubt
full, struggle, with few adherents, against
the great mass, who wilhou. think ing, seem
determined 10 preserve those institutions,
which blended with all their knowledge and
all :heir experience, they make up their
minds, are absolutely necessary. But al-
though such is the work of the reformer and
such has been the history Of the world, we
are almost tempted to believe that there is
to be an exception in favor of this reform
of the collection laws, for upon IFS first adj
vent, we are bold TO say, it numbers in its
favor some Of the best minds Of the territory,
and we are confident, (perhaps too conf
dent) in the belief, that in our county, this
day, there is a majority of the people favor
able to the proposition. We do not say,
when we say we believe them favorable in
sentiment to the proposition, that they would
at once vote TO abolish all collection laws;
we do not think they would do any such
thing, but we do think they are in favor of
commencing system of which that result
shall be the end. And when we express
our confident belief, that the day is approach
ing, when these laws shall be abolished, it
is hope well founded upon past expert
ence 1t is within our recollection, seeing
many all unfortunate debtor deprived of his
liberty and immured within the walls Of a
prison for no other crime, than being in debt !;
"A barbarism which the present day scouts.
We also recollect when 10 exempt any
thing from execution was scarcely tolerated,
yet now liberal exemption is universally
conceded. The laws between debtor and
creditor have been changing their oppres,
sive character for years, and approaching
gradually 20 that strict justice and mercy,
which is alone to be found in an entire nom
reference in the contracts between individ-
uals; except 10 protect society against
crime.
The editor Of the American has entered
into somewhat exte nded defence of the
collection laws. The main proposition is
that men should be compelled to perform
their pecuniary obligations; as without
any compulsory provision they would get
hold Of the property Of their neighbors and
riot:ng on their ill-golten gains laugh pub
lie sentiment 10 scorn.
With regard TO compelling people TO pay
their just debts and preventing them from
fraudulently obtaining the property of their
neighbors, we would ask how eheciual our
laws have been 10 that purpose. 1t strikes
us as vastly strange that such an argument
should be used, when at every turn we find
men, who have plundered their neighbors
and re rafting their ILL gotten gains in their
pocket, without fear of law or public opn-
ion either. Are not our present laws al.
most entirely Intellectual for the end they
propose, land are they not in reality MISCHIEF
vous? They do no, secure the end they
seek, aid they take from society the care
Of looking after and protecting isef,so that
while the law cannot, society does not,pro-
tect itself from this species Of plundering.
On the contrary, as the law makes property
and not character, the test Of the man, it is
by property and not character that he is es-
timated; and the strife among mankind is all
for property at the expense of character.
That the laws are Intellectual for the end
they propose any one who will consult the
records of our Justices and higher courts,
can readily perceive. Indeed we need hard
ly say that where a man is determined not
10 pay debt, let him have ever so much
property, the law cannot compel him TO do
it., and that nine-.enths Of all the debts tina,
are collected, are those which would have
been paid without resor; TO law. We ask
any man who will take the trouble to think.
II under the new system oc business and
credits which would follow change of the
collection laws, there is any probability tina,
so much of debts would be lost as is now
lost. We do not think there would. 1t is
in our opinion, wrong idea that people
would violate with impuniiy the trusts re-
posed in them, not by one man, but by soci-
ETY. at large. In the first place it would take
an established character, or that impress Of
honesty which any sagacious man can un-
deistand 10 procure credit; and in the next
place, character being capital no man would
lose capital for temporary success, nor would
there be delays nor evasons without sails
factory cause, for no man could live in