Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1858-08-20
NUMBER 40.
the weak, and poison the very foundation

Surely, Mr.. Motley, you are arguins
for the sake of srgument and can not be-
serious in advocating doctrine which, if
carried into practice would break up the
foundation of social order, and plunge us
into state Of anarchy. The most san
guine believer in the perfectability of man
can not possibly fattor himself with the
hope that the time will ever come when
the civil or criminal code can be safely
abolished. Would you throw society back
upon a state of nature2"
SsNo sir" Mr. Motley replied; "but I
would throw it back upon its integrity. 1
would make mans honor his law--his
rule of action, and his own conscience
and honest public sentiment the tribunals
to pass upon his conduct and enforce com.
pliance with his engagements"
"0hr' Mr.. Hart exclaimed; "I see your
drift now-you are opposed to the credit
system, and would abolish the law, to
break down the system"
~ would certainly abolish all law for
the collection of debts;" said Mr. Motley;
"but am not opposed to the credit sys-
tenn, nor would the measure proposed, do
more than restrict it within its proper lin
its and place it upon its proper foundation
the moral integrity of the contracting
parties. He that is only legally honest,
is, at heart, rogue; and such an one will
not scruple to evade the most solemn OBJ
legation if the said, or the aforesaid, be
omitted in the draft of the contract
Surely, Mr.. Hart you are man of too
much learning, observation and practical
good sense to contend that the civil law---
whatever may be its theory--tends to make
the masses honest, or to keep them so.---
Analize it as you may, sir, the ultimate
conclusion must be, that public sentiment
is the mighty lever which lowers and ele-
Yates the tone of moral feeling; and to
give to that sentiment healthy action, in
the right direction, each individual must
be taught to feel that it is his true interest
to be honest. And to foster and strength
en- this feeling, man must be taught that
his honor is his bond, and that the forfeit
ture of the one is the forfeiture of the
ether, and that utter disgrace is the inevi-
table penalty Of an intentional failure to
fulfil contract. The law inculcates no
such moral sentiment; but encourages its
opposite, by teaching that any evasion of
an obligation, however binding in honor,
that bears the sanction Of law, or its in
depreciation, is honest. From this it re-
suits that lawyers and clients engage in
common struggle to evade justice through
the ihstrunehtality of law"
II admire your ingenuity, Mr.. Motley,
if can not endorse your theory. What
think you, Mr.. Lee, of the moral doctrine
which our friend advocates?" naa5
~ agree with him, sir" Mr. Lee re-
piled, "that if the law will interfere with
contracts between man and man, it should
be solely to enforce their fulflment in the
shortest possible time. In allowing a
debtor three or twelve months time, after
Judgment and execution, is an interference
with private contracts, positively forbid
den by the Constitution, and not justif-
able on the grounds of expediency. The
tardy process for the collection Of debt,
by law, is positive injustice to the credi-
tor, and the delay is a constant temptation
to the debtor to evade his obligation. Leg
islators seem to act upon the supposition
that there is no virtue--inlferent, or edu-
cational--in society, and that it is their
duty to remedy the defect by statute law
But this is mere speculation for which
have no particular fancy, and shall leave
the subject where found it, in the hands
of Mr.. Motley, who will yet distinguish
himself as propagandist"
"His views are SO novel, said Mr.. Hart,
$50 totally at variance with my precon-
ceived opinions, that l am really at loss
to meet his arguments, without time for
deliberation. So fully am / convinced,
however, that his positions are untennble,
that am willing to submit the case TO
jury of the ladies, without further argu-
ment, What say you, Miss Berne, to
acting as foreman of the jury1"
II must decline the honor, sir" She
replied, joining in the laughter which the
proposition provoked "And permit me
to suggest, Mr.. Hart, that, in proposing to
submit the question to the ladies, you seem
to have overlooked the fact, that it is wo-
mans fate, in all christian countries, to be
denied the rights pertaining to property,
and that, thus disfranchised, she can care