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
Of trade, credit was the life; without it, it could not exist. In this
country, too, it was the great source of revenue. How impolitic then was
it, in a country where the whole of the revenue, and much of the wealth
of its citizens, depended upon trade, to adopt regulations which would
repress mercantile exertion and enterprise.
It was contended, that it was not true that the principle of a bankrupt
law operated in favor of the debtor; the reverse was the case, and
constituted one of the strongest arguments of its superiority to
insolvent laws, under which the time of surrender was left to the option
of the debtor; whereas, under a bankrupt law, the creditor, whenever he
had reason to apprehend the fraud or failure of his debtor, could take
out a commission under the bankrupt law; the creditor may arrest the
prodigal or unjust career of the debtor; while, under the insolvent law,
the debtor rarely surrenders his property, until he has squandered nearly
the whole, or until he has made a fraudulent transfer of it. Such was the
operation of the principle of a good bankrupt system; with regard to the
present it was admitted that its provisions were unfair, and operated
frequently the other way.
A leading argument in favor of a bankrupt system was that it multiplied
checks against fraud; there would of course be less temptation to commit
fraud, as the chances of concealing it diminished. In most countries the
terrors of an awful punishment awaited the commission of fraud under this
act, even the terrors of death. Though it might not be sound policy in
this country to make punishments so terrible, yet it was always within
the power of the Legislature to make transgressions so penal, as to guard
against the apprehended evils.
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