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 further contended, that while justice and humanity dictated the
liberation from arrest of the body of the unfortunate debtor, justice
inhibited the exoneration of property from going to satisfy just debts;
that the obligation, wherever the ability existed, to pay just debts,
was eternal, and that this law, in having a retro-active effect, was
unjust. Evils infinitely greater had been inflicted by inconsiderate
and fraudulent debtors taking refuge in the provisions of the bankrupt
law than from all the inhumanity exercised by merciless creditors over
unfortunate debtors. That the principle of the bankrupt law was also
retro-active, inasmuch as it destroyed the grade of dignity existing in
many of the States, by which a bonded debt obtained a preference over an
open account; that it absolutely impaired the subsisting contract between
the person holding and the person signing the bond.
It was remarked that the principle of the bankrupt law, however good in
theory, could never be carried into effect, as had been proved by a long
course of British experience, without a recurrence to those sanguinary
laws which they had introduced for the prevention and punishment of
fraud, but which were so abhorrent to our code of laws that public
opinion could not tolerate them.
The expenses of going through the forms of bankruptcy constituted no
inconsiderable objection to the system. The appointment of a Commissioner
was understood to be in no small degree lucrative, and the various
processes through which the bankrupt was compelled to go, in practice,
reduced the little property he had left to a state still less. Indeed,
from the practical effects of the system, it would appear that it had
been made more for the emolument of the Commissioner than for the benefit
of the creditor.[7]
However necessary this system might be in England, who owed almost the
whole of her prosperity to trade, it became not a nation, the leading
feature of whose character was agriculture, to tread in her footsteps;
but, on the contrary, to avert rather than to hasten the period when such
a system would be rendered necessary; that, in truth, the spirit of trade
in this country was sufficiently vigorous, and only required the common
protection given to all other occupations, to prosper to every beneficial
purpose.
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