REMARKS--CREDIT.

In the state of New York they have abolished imprisonment for debt; this

abolition however, only holds good between the citizens of that state,

as no one state in the Union can interfere with the rights of another.

A stranger, therefore, can imprison a New Yorker, and a New Yorker can

imprison a stranger, but the citizens of New York cannot incarcerate one

another. Now although the unprincipled may, and do occasionally take

advantage of this enactment, yet the effects of it are generally good,

as character becomes more valuable. Without character, there will be no

credit--and without credit no commercial man can rise in this city. I

was once in a store where the widow who kept it complained to me that a

person who owed her a considerable sum of money would not pay her, and

aware that she had no redress, I asked her how she would obtain her

money. Her reply was--"Oh, I shall eventually get my money, for I will

_shame_ him out of it by exposure."

The Americans, probably from being such great speculators, and aware of

the uncertainty attending their commerce, are very lenient towards

debtors. If a man proves that he cannot pay, he is seldom interfered

with, but allowed to recommence business. This is not only Christians

like, but wise. A man thrown into prison is not likely to find the

means of paying his debts; but if allowed his liberty and the means of

earning a subsistence, he may eventually be more fortunate, and the

creditors have a chance of being ultimately paid. This, to my

knowledge, has often been the case after the release had been signed,

and the creditors had no farther legal claim upon the bankrupt. England

has not yet made up her mind to the abolition of imprisonment for debt,

but from what I have learnt in this city, I have no hesitation in

saying, that it would work well for the morals of the community, and

that more debts would eventually be paid, than are paid under the

present system. Another circumstance which requires to be pointed out

when we would examine into the character of the New York commercial

community, is, the difference between their bankrupt-laws and those of

England. Here there is no law to compel a bankrupt to produce his

books; every man may be his own assignee, and has the power of giving

preference to one creditor over another; that is to say, he may repay

those who have lent him money in the hope of preventing his becoming a

bankrupt, and all other debts of a like description. He may also turn

over his affairs to an assignee of his own selection, who then pays the

debts as he pleases. A bankrupt is also permitted to collect his own

debts.

The English bankrupt laws were introduced, but after one year's trial

they were discontinued, as it was found they were attended with so much

difficulty, and, what is of more importance to Americans, with so much

loss of time. Again, in America, if a person wishes to become a special

partner (a sleeping partner) in any concern, he may do so to any extent

he pleases, upon advertising the same, and is responsible for no more

than the sum he invests, although the house should fail for ten times

the amount.

Here is an advertisement of special partnership.

"Co-partnership. Notice is hereby given, that a limited partnership

hath been entered into by Lambert Morange, DN Morange, and Samah

Solomon, of the city of New York, merchants, in pursuance of the

provisions of the revised statutes of the city of New York. The general

nature of the business of said co-partnership is the manufacturing and

selling of fur and silk hats. The said Lambert Morange is the special

partner, and as such, hath contributed the sum of ten thousand dollars

in cash to the common stock: the said DN Morange and Samah Solomon are

the general partners; and the said business is to be conducted under the

name and firm of DN Morange and Solomon; said co-partnership is to

commence on the 14th day of March, 1837, and to expire on the 14th

March, 1840.

"March 14th, 1837. L. Morange. D.N. Morange. Samah Solomon."

That this loose state of the bankrupt law may be, and has been a cause

of much dishonesty, is true, but at the same it is the cause of the

flourishing state of the community. The bee can always work; indeed the

bankrupt-laws themselves provide for a man's not starving. In the city

the bankrupt's household furniture is sacred, that his family may not be

beggars; and in case of the bankruptcy of a farmer, he is permitted, not

only to retain the furniture of his cottage, but even his plough, with a

proportion of his team, his kine and sheep, are reserved for him, that

he may still be able to support his family. Surely this is much

preferable to the English system under which the furniture is dragged

away, the hearth made desolate, and the children left to starve, because

their father has been unfortunate. Is it not better that a little

villainy should escape punishment, than that such cruelty should be in

daily practice? I say a little villainy, for if a man becomes bankrupt

in New York, it is pretty well known whether he has dealt fairly with

his creditors, or has made a fraudulent bankruptcy: and if so, his

character is gone, and with it his credit, and without credit he never

can rise again in that city, but must remove to some other place.

In England, character will procure to a bankrupt a certificate, but in

New York it will leave him the means of re-commencing business. In

England, it is a disgrace to be a bankrupt; in America, it is only a

misfortune; but this distinction arises from the boldness of the

speculations carried on by the Americans in their commercial

transactions, and owing to which the highest and most influential, as

well as the smaller capitalists, are constantly in a state of jeopardy.

I do not believe that there is anywhere a class of merchants more

honourable than those of New York. The notorious Colonel Chartres said

that he would give 20,000 pounds for a character, because he would have

made 100,000 pounds by it. I shall not here enter into the question,

whether it is by a similar conviction, or by moral rectitude of feeling,

that the merchants of New York are actuated; it is sufficient that it is

their interest to be honest, and that they are so. I state the case in

this way, because I do not intend to admit that the honesty of the

merchants is any proof of the morality of a nation; and I think I am

borne out in my opinion by their conduct in the late state of

difficulty, and the strenuous exertions made by them to pay to the

uttermost farthing, sacrificing at times twenty per cent--in order to be

enabled to remit money to their London and Liverpool correspondents, and

fulfil their engagements with them.

That there is a great deal of roguery going on in this city is

undeniable, much more, perhaps, than (taking into consideration the

difference between the populations) in the good city of London. But it

should be borne in mind that New York has become, as it were, the

Alsatia of the whole continent of Europe. Every scoundrel who has

swindled, forged, or robbed in England, or elsewhere, makes his escape

to New York. Every pickpocket, who is too well known to the English

police, takes refuge here. In this city they all concentrate; and it is

a hard thing for the New York merchants, that the stream of society,

which otherwise might gradually become more pure, should be thus

poisoned by the continual inpourings of the continental dregs, and that

they should be made to share in the obloquy of those who are outcasts

from the society of the old world.

America exists at present upon credit. If the credit of her merchants

were destroyed she would be checked in her rapid advance. But this

system of credit, which is necessarily reciprocal, is nevertheless acted

upon with all possible caution. Many are the plans which the large New

York importers have been compelled to resort to, to ascertain whether

their customers from the interior could be trusted or not. Agents have

been despatched to learn the characters, standing, and means of the

country dealers who are their correspondents, and who purchase their

goods; for the whole of the transactions are upon credit, and a book of

reference as to people's responsibility is to be found in many of the

mercantile houses of New York.

Willing as I am to do justice to the New York merchants, I cannot,

however, permit Mr Carey's remarks upon credit to pass unnoticed. Had

he said nothing I should have said no more; but, as he asserts that the

security of property and credit in America is greater than in England, I

must, in defence of my country, make a few observations.

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