Graham's Magazine, Vol. XXXI, No. 2, August 1847 — John Shaqi
Graham's Magazine, Vol. XXXI, No. 2, August 1847Various
General
Graham's Magazine, Vol. XXXI, No. 2, August 1847
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
There was a curious provision in the law by which Jenkins had been freed
from all the claims of his creditors against him; and this provision is
usually incorporated in all similar laws, though for what reason it is
hard to tell. It is only necessary to promise to pay a claim thus
annulled, to bring it in full force against the debtor. If a man owes
another a hundred dollars, and by economy and self-denial succeeds in
saving twenty dollars and paying it to him, he becomes at once liable
for the remaining eighty dollars, unless the manner of doing it be very
guarded, and is in danger of a prosecution, although unable to pay
another cent. A prudent man, who has once been forced into the unhappy
alternative of taking the benefit of the insolvent law, is always
careful, lest, in an unguarded moment, he acknowledge his liability to
some old creditor, before he is fully able to meet it. Anxious as he is
to assure this one and that one of his desire and intention to pay them
if ever in his power, and to say to them that he is struggling early and
late for their sakes as well as his own, his lips must remain sealed. A
word of his intentions and all his fond hopes of getting fairly on his
feet again are in danger of shipwreck.
Understanding the binding force of a promise of this kind, made in
writing, or in the presence of witnesses, certain of the more selfish or
less manly and honorable class of creditors, are ever seeking to extort
by fair or foul means, from an unfortunate debtor who has honestly given
up every thing, an acknowledgment of his indebtedness to them, in order
that they may reap the benefit of his first efforts to get upon his feet
again. Many and many an honest but indiscreet debtor, has been thrown
upon his back once more, from this cause, and all his hopes in life
blasted forever. The means of approach to a debtor in this situation are
many and various. “Do you think you will ever be able to do any thing on
that old account?” blandly asked, in the presence of a third party, is
answered by, “I hope so. But, at present, it takes every dollar I can
earn for the support of my family.” This is sufficient—the whole claim
is in full force. In the course of a month or two, perhaps in a less
period, a sheriff’s writ is served, and the poor fellow’s furniture, or
small stock in trade, is seized, and he broken all up again. To have
replied—“You have no claim against me,” to the insidious question,
seemed in the mind of the poor, but honest man, so much like a public
confession that he was a rogue, that he could not do it. And yet this
was his only right course, and he should have taken it firmly. Letters
are often written, calling attention to the old matter, in which are
well timed allusions to the debtor’s known integrity of character, and
willingness to pay every dollar he owes in the world, if ever able. Such
letters should never be answered, for the answer will be almost sure to
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