Year: 1859




of intellect and learning-but however well
meaning and conscious they may be in cx-
pressing their opinions, their starting point
or position in life may perhaps not entirely
enable them to perceive equally good rea-
sons for contrary opinion therefore, will
undertake to submit some reflections which
may perhaps impart new light upon those
questions and therefore, not be read without
at least some interest | mean our home
stead, insolvent and attachment laws, for
which see most of the leaders of our public
papers claiming the greatest extensions pos
sible in favor of unfortunate citizens.


Sympathizing with those in misfortune
and expressing the deepest interest for poor
mothers and children is not more than a du-
ty we perform, but to look at things with
calmness, and search the remedy in order to
avoid these misfortunes, may be u still more
imperative duty pertaining to serious men of
intellect and experience, and however un-
pleasant task it may be to advance and de-
fend these opinions against those held by the
multitude, they must deserve, it seems to me,
the more our esteem for so doing.


The less you encourage prudence, economy
and good common sense in business life the
more you will have failures to deplore-to
! awlrd premiums TO inconsiderate conduct
dissipation or negligence is most pernicious
and should be carefully avoided if possible.
1t is an unfortunate necessity to provide for
the poor sick and the poor old, for even those
generous Institutions are not without their
pernicious influences upon the conduct of
many, many individuals during their life
time, those kinds of protection should there.
fore not be extended too far We cannot
soothe all misfprtunes-it is the iron conse-
quence of our nature and society in general,
that there must always be rich and poor, hap
py and unhappy people-but our good or
bad fortune depends mostly on our own do
ings and exertions and if these deserve to be
and are remunerated and honored, those of
an inconsderate and dissipated conduct
should know in advance that they have to
suffer for it and that society will give tEem
only helping hand, in case misfortune should
have reached them without their own fault.
| well know, that many intelligent and well
meaning persons are not of my opinion, but !
cannot help repeating that stringent laws
of that kind are preferable and reach more
the real object in view than those too much
in favor of misfortune. Fort the dishonest the
field of fuses will always be large enough,
and for the honest one the more stringent
laws will be better, for his honesty will Sc
cure him new confidence because the credi-
tors seeing protection they will help again
those who really deserve it,


That because a man, through hard labor
and economy, has arrived at more easy po-
sition and is enabled to procure more comfort
to his family he should deserve less protec-
ton from our laws than those who have not
made the same use of their facilities and time,
can scarcely be admitted. Laws therefore,
intended to protect unfortunate citizens must
be made to protect at the same time honest |
creditors, who in good faith and often in view
of helping along the head of a large family
did sometimes for smlll remuneration risk
their money or goods.


A legislature should certainly include a cer-
tain number of learned men, and especially
those of legal attainments, able to develop
their views in regard to sound law-but
these their views should also be controlled
and compared with those of experienced bu-
siness men who by their daily labors are apt
to see and Judge this most fearful number Of
abuses occurring every day around them,-
who can explain the shape, form and mask
under which they are exposed and called up
on to bestow or refuse confidence, and who
are able to state to what extent the lack of
protection to creditors Injuries men really
needing and deserving confidence.


The legislators in enacting laws, believe
should also less consult the generous impulses
Of his own heart and pay more attention to
experience and to human which are generally
bad inelinatons,- also should in his mind
never entirely separate the wife from the
husband, for in nine cases out of ten. an af-
fectionate wife could by more reasonable
management Of her household and equally
through her natural influence upon her hus-
band, help avoiding calamities to him and his
family.


Nobody can sympathize more than | do
with unfortunate mothers and children, and
nobody also can be more disposed than am,
to encourage family life and matrimony,-
but this will not hinder me to search the
truth and to recommend measures proper to
avoid those too frequent misfortunes and
abuses.


BY according too much protection to mis-
fortune we give too large field to abuses
and leave no protection at all to honest credi.
tors. Sound business men seeing no more
protection, will also act in consequence, and
capitalists will cause their means to leave
our State entirely. Where will then be those
who need capital or need help to regain
better position? In Europe where indebted
ness is reached, watched and even sometimes
punished by the most stringent laws, honest
creditors enj y consequently the greatest pro-
lection, but also failures occur there in far
smaller proportion than is the case in our own
country. Under those republican free insti
tutions which we enjoy. we may however
have other duties to perform in order to pro-
cure the greatest portion Of good to the great
est number of people-but in fulfilling those