Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-07-07

WIN iciOW tlidI cOufu tue
Golden Rule, 10 do unto others, as he
would have others do unto him, Legisla,
lures, Courts and juries, sherifs and con
stables, would soon be unnecessary ap-
pendages TO civilized society. But since
experience has shown that he will not do
so, it follows that laws and law makers
must be continued, aid all we can hope for
at present is 10 improve our laws as expe-
rence shall dictate, and to that object |
would invite the attention of The public
through the columns Of your paper to some
changes it mas il has occurred 10 the mind
of the writer might be proftaby made.
Ii is 10 the latter class OF laws. or those
regulating the rights Of property design
10 call the public attention, at present.
The object CT all Laws should be 10 redress
wrongs whenever they exist, and the first
enquiry TO be made in framing law by
those called 10 legislate or by those con-
sidering the propriety and applicability of
an existing law. is the rule of action pre-
scribed, the rule Of right impressed by the
immu'able law giveI Of the Universe upon
the constitution of all thngs-in other
words law should be moral right. Now
will not stop to enquire by what authority
man derives his right of property by which
he exercises exclusive ownership as ag-
ainst all the world but take it for granted
that principle so long and so universally
acknowledged and acted upon will be con-
ceded as "A moral right, and to delraud or
dlsPossess another of his property without
giving an equivalent therefor is a moral
wrong.
Let US see how far our system Of laws
accomplish their objects and see If little
examination does not show some radical
defects which ought 10 be and might be
remedled. Let Us take an ordinary and
very frequent occurrence. One man has
horse which he wishes to sell, he is call
ed upon by purchaser but who is not pre-
pared to make immediate payment, and he
wants credit; from his representation Of
his ability 10 pay hereafter a credit is Civ
en-, his obligation is taken, when the time
of payment arrives. the creditor calls upon
the debtor for payment, who is still unpre-
pared TO pay, a delay takes place, finally
the creditor learns al last that his debtor
exhibits no disposition 10 pay ard he re-
sorts to the law 10 enforce payment. With
out noticing the arrangement consequent
upon one mans failure to make his pay
ment when due, by the numerous disap-
poinments it is likely to make through the
community. we will suppose the demand
to be tor more than fifty dollars, suit has 10
be commenced in The district court, where
the creditor mnst employ counsel at
cost of at Ieas, twenty five dollars for at
| torney lees, and altera struggle running
thro' probably whole year he obt1ins
Jud, ment at an additional expense in time
and attendance at court of at leas; half as
much more, when finally his debtor sets
him al defiance he has no property liable
to be taken 90 execution, and he thus de-
frauds his creditor Of his horse, and all
done according TO law. And now he walks
The streets and holds up his head amongst
men as an individual who has done no
wrong and surely he has obtained The horse
without paying for it and bis creditor has
been subjected (in all probability to an adj
d tlonal sum in his yam effort to collect il,
but he is purified in the eyes Of the world
because he cheated according to law, that
is, the law protects him or rather is made
quae to compel him 10 pay. Now it will
be admitted that this is no fancy sketch for
such transactions are too frequent, to ex-
cite much attention
! And still more aggravatng case might
be noticed as often occurring; individuals
have been known 10 contract heavy engage
mems for property purchased on credit, dis
pose of it and place the avails out of the
reach OF their creditors and when called
on for payment resort Ia our system
of in>olve1t laws for full discharge
from all their debts. And under crcum
stances too, where it was evident falthough
it m!sht be difficult 10 establish the fact
judiclally) that the result was premid'aled
from the beginning. Now i, is believed
that the difficulty in enforcing payment by
compulsory proceedings under our system
OF law. and the facility afforded TO screen
the debtor from, the payment o. his past
debts, materially encourages that system
OF litigation and evasion of payment, anc
enables the individual to MAINTAIN his re
spectabIity in society and still defrauG hi.
neghbor OF his property because be can dc
SO according to fdw. Now let us test thi.
by the principles Of moral right, and see il
someihiog about the matter IS not wrong
1t will be readily conceded by all that i
one mar goes into another stable and steal
bis horse that he shall be placed under The
ban Of society, he is branded as a thief
and as such is made TO feel The weight o
the offended moral scorn Of the communi
10. But what is the ference to me f I
man steals my horse, or purchases on q
credit and for which he never rays ant
probably never intended to when he pur
> chased. if 10y possibility he could evade it
As to me have lost my horse IN both case.
and IN the latter in all probability sun
expended in useless attempt To collect
OF at least half the value Of the horse
and is there any difference in the morality
OF the two sses? If 1t is a principle 0
RICH; that no man should obtain another
property without rendering just eQuiva
lent therefore, can see no difference IN tht
two cases, both are equally morally wrony
and both should be looked upon by til,
law in the same light, and as the Law
makes distinction !; is evidently wrons
) and should be remeded. But perhaps !
may be objected to this view Of the cas-,
that there IS in reality difference between
the dishonest debtor aud The ielon, adm