Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
It was contended that the partial operation of the bankrupt system had
the most mischievous influence on the morals of the mercantile world.
That it operated as an impunity to fraud and negligence; that it created
extensive credits, and excited a spirit of the most prodigal expenditure;
that although the American merchants were probably the most honest and
certainly the most able and enterprising in the world, the facility with
which credits were obtained, and the impunity with which risks were
incurred, had, under the auspices of this law, introduced into their
private expenditures a ruinous extravagance; and that nothing was more
common than to see a merchant, of but small capital, living at an expense
superior to that of the European trader who had realized his plum, and at
an expense which shamed the frugal disbursements of the affluent planter.
What were the effects? The scene of luxury and splendor was enjoyed for a
few years, and was succeeded by a failure. Did it become the Legislature
to encourage, or repress this spirit?
The principle of the bankrupt system was inequitable as it regarded the
relation of debtor and creditor. However it might be averred to the
contrary, it was a truth that its provisions operated to the advantage
of the debtor, and of course to the detriment of the creditor. There
was no weight in the remark that the commission was taken out at the
instance of the creditor, as that was merely a nominal act, a creditor
usually being made use of who was the friend of the bankrupt. That it
operated to the benefit of the debtor was clear from its liberating all
his future acquisitions, after availing himself of the benefit of a
commission, from seizure: whereas, under an insolvent law, the person
alone was released. That hence sprang up a ten-fold temptation to fraud
under this act, over that which existed under the common insolvent laws.
For that under the latter an insolvent debtor, if guilty of a fraudulent
concealment of property, could at any future period be called upon
to satisfy the claims of his creditors by a delivery of his visible
property; while, under this law, the bankrupt may live in the greatest
splendor, even ostentatiously displaying his property, without rendering
it liable to seizure. Fraud once successfully perpetrated and concealed,
every restraint is removed; and so deleterious had this effect been that
it had manifestly inflicted a deep wound upon the confidence of man with
man in the ordinary transactions of life.
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