A UNIFORM SYSTEM OF BANKRUPTCY.

FROM A SPEECH DELIVERED IN THE SENATE OF THE UNITED STATES, ON THE 18TH

OF MAY, 1840, ON THE PROPOSED AMENDMENT TO THE BILL ESTABLISHING A

UNIFORM SYSTEM OF BANKRUPTCY.

Let me remind you, then, in the first place, Sir, that, commercial as

the country is, and having experienced as it has done, and experiencing

as it now does, great vicissitudes of trade and business, it is almost

forty years since any law has been in force by which any honest man,

failing in business, could be effectually discharged from debt by

surrendering his property. The former bankrupt law was repealed on the

19th of December, 1803. From that day to this, the condition of an

insolvent, however honest and worthy, has been utterly hopeless, so far

as he depended on any legal mode of relief. This state of things has

arisen from the peculiar provisions of the Constitution of the United

States, and from the omission by Congress to exercise this branch of its

constitutional power. By the Constitution, the States are prohibited

from passing laws impairing the obligation of contracts. Bankrupt laws

impair the obligation of contracts, if they discharge the bankrupt from

his debts without payment. The States, therefore, cannot pass such laws.

The power, then, is taken from the States, and placed in our hands. It

is true that it has been decided, that, in regard to contracts entered

into after the passage of any State bankrupt law, between the citizens

of the State having such law, and sued in the State courts, a State

discharge may prevail. So far, effect has been given to State laws. I

have great respect, habitually, for judicial decisions; but it has

nevertheless, I must say, always appeared to me that the distinctions on

which these decisions are founded are slender, and that they evade,

without answering, the objections founded on the great political and

commercial objects intended to be secured by this part of the

Constitution. But these decisions, whether right or wrong, afford no

effectual relief. The qualifications and limitations which I have stated

render them useless, as to the purpose of a general discharge. So much

of the concerns of every man of business is with citizens of other

States than his own, and with foreigners, that the partial extent to

which the validity of State discharges reaches is of little benefit.

The States, then, cannot pass effectual bankrupt laws; that is,

effectual for the discharge of the debtor. There is no doubt that most,

if not all, the States would now pass such laws, if they had the power;

although their legislation would be various, interfering, and full of

all the evils which the Constitution of the United States intended to

provide against. But they have not the power; Congress, which has the

power, does not exercise it. This is the peculiarity of our condition.

The States would pass bankrupt laws, but they cannot; we can, but we

will not. And between this want of power in the States and want of will

in Congress, unfortunate insolvents are left to hopeless bondage. There

are probably one or two hundred thousand debtors, honest, sober, and

industrious, who drag out lives useless to themselves, useless to their

families, and useless to their country, for no reason but that they

cannot be legally discharged from debts in which misfortunes have

involved them, and which there is no possibility of their ever paying. I

repeat, again, that these cases have now been accumulating for a whole

generation.

It is true they are not imprisoned; but there may be, and there are,

restraint and bondage outside the walls of the jail, as well as in.

Their power of earning is, in truth, taken away, their faculty of useful

employment is paralyzed, and hope itself become extinguished. Creditors,

generally, are not inhuman or unkind; but there will be found some who

hold on, and the more a debtor struggles to free himself, the more they

feel encouraged to hold on. The mode of reasoning is, that, the more

honest the debtor may be, the more industrious, the more disposed to

struggle and bear up against his misfortunes, the greater the chance is,

that, in the end, especially if the humanity of others shall have led

them to release him, their own debts may be finally recovered.

Now, in this state of our constitutional powers and duties, in this

state of our laws, and with this actually existing condition of so many

insolvents before us, it is not too serious to ask every member of the

Senate to put it to his own conscience to say, whether we are not bound

to exercise our constitutional duty. Can we abstain from exercising it?

The States give to their own laws all the effect they can. This shows

that they desire the power to be exercised. Several States have, in the

most solemn manner, made known their earnest wishes to Congress. If we

still refuse, what is to be done? Many of these insolvent persons are

young men with young families. Like other men, they have capacities both

for action and enjoyment. Are we to stifle all these for ever? Are we to

suffer all these persons, many of them meritorious and respectable, to

be pressed to the earth for ever, by a load of hopeless debt? The

existing diversities and contradictions of State laws on the subject

admirably illustrate the objects of this part of the Constitution, as

stated by Mr. Madison; and they form that precise case for which the

clause was inserted. The very evil intended to be provided against is

before us, and around us, and pressing us on all sides. How can we, how

dare we, make a perfect dead letter of this part of the Constitution,

which we have sworn to support? The insolvent persons have not the power

of locomotion. They cannot travel from State to State. They are

prisoners. To my certain knowledge, there are many who cannot even come

here to the seat of government, to present their petitions to Congress,

so great is their fear that some creditor will dog their heels, and

arrest them in some intervening State, or in this District, in the hope

that friends will appear to save them, by payment of the debt, from

imprisonment.

These are truths; not creditable to the country, but they are truths. I

am sorry for their existence. Sir, there is one crime, quite too common,

which the laws of man do not punish, but which cannot escape the justice

of God; and that is, the arrest and confinement of a debtor by his

creditor, with no motive on earth but the hope that some friend, or some

relative, perhaps almost as poor as himself, his mother it may be, or

his sisters, or his daughters, will give up all their own little

pittance, and make beggars of themselves, to save him from the horrors

of a loathsome jail. Human retribution cannot reach this guilt; human

feeling may not penetrate the flinty heart that perpetrates it; but an

hour is surely coming, with more than human retribution on its wings,

when that flint shall be melted, either by the power of penitence and

grace, or in the fires of remorse.

Sir, I verily believe that the power of perpetuating debts against

debtors, for no substantial good to the creditor himself, and the power

of imprisonment for debt, at least as it existed in this country ten

years ago, have imposed more restraint on personal liberty than the law

of debtor and creditor imposes in any other Christian and commercial

country. If any public good were attained, any high political object

answered, by such laws, there might be some reason for counselling

submission and sufferance to individuals. But the result is bad, every

way. It is bad to the public and to the country, which loses the efforts

and the industry of so many useful and capable citizens. It is bad to

creditors, because there is no security against preferences, no

principle of equality, and no encouragement for honest, fair, and

seasonable assignments of effects. As to the debtor, however good his

intentions or earnest his endeavors, it subdues his spirit and degrades

him in his own esteem; and if he attempts any thing for the purpose of

obtaining food and clothing for his family, he is driven to unworthy

shifts and disguises, to the use of other persons' names, to the

adoption of the character of agent, and various other contrivances, to

keep the little earnings of the day from the reach of his creditors.

Fathers act in the name of their sons, sons act in the name of their

fathers; all constantly exposed to the greatest temptation to

misrepresent facts and to evade the law, if creditors should strike. All

this is evil, unmixed evil. And what is it all for? Of what benefit to

anybody? Who likes it? Who wishes it? What class of creditors desire it?

What consideration of public good demands it?

Sir, we talk much, and talk warmly, of political liberty; and well we

may, for it is among the chief of public blessings. But who can enjoy

political liberty if he is deprived, permanently, of personal liberty,

and the exercise of his own industry and his own faculties? To those

unfortunate individuals, doomed to the everlasting bondage of debt, what

is it that we have free institutions of government? What is it that we

have public and popular assemblies? What is even this Constitution

itself to them, in its actual operation, and as we now administer it?

What is its aspect to them, but an aspect of stern, implacable severity?

an aspect of refusal, denial, and frowning rebuke? nay, more than that,

an aspect not only of austerity and rebuke, but, as they must think it,

of plain injustice also, since it will not relieve them, nor suffer

others to give them relief? What love can they feel towards the

Constitution of their country, which has taken the power of striking off

their bonds from their own paternal State governments, and yet,

inexorable to all the cries of justice and of mercy, holds it

unexercised in its own fast and unrelenting grasp? They find themselves

bondsmen, because we will not execute the commands of the Constitution;

bondsmen to debts they cannot pay, and which all know they cannot pay,

and which take away the power of supporting themselves. Other slaves

have masters, charged with the duty of support and protection; but their

masters neither clothe, nor feed, nor shelter; they only bind.

But, Sir, the fault is not in the Constitution. The Constitution is

beneficent as well as wise in all its provisions on this subject. The

fault, I must be allowed to say, is in us, who have suffered ourselves

quite too long to neglect the duty incumbent upon us. The time will

come, Sir, when we shall look back and wonder at the long delay of this

just and salutary measure. We shall then feel as we now feel when we

reflect on that progress of opinion which has already done so much on

another connected subject; I mean the abolition of imprisonment for

debt. What should we say at this day, if it were proposed to

re-establish arrest and imprisonment for debt, as it existed in most of

the States even so late as twenty years ago? I mean for debt alone, for

mere, pure debt, without charge or suspicion of fraud or falsehood.

Sir, it is about that length of time, I think, since you,[1] who now

preside over our deliberations, began here your efforts for the

abolition of imprisonment for debt; and a better work was never begun in

the Capitol. Ever remembered and ever honored be that noble effort! You

drew the attention of the public to the question, whether, in a

civilized and Christian country, debt incurred without fraud, and

remaining unpaid without fault, is a crime, and a crime fit to be

punished by denying to the offender the enjoyment of the light of

heaven, and shutting him up within four walls. Your own good sense, and

that instinct of right feeling which often outruns sagacity, carried you

at once to a result to which others were more slowly brought, but to

which nearly all have at length been brought, by reason, reflection, and

argument. Your movement led the way; it became an example, and has had a

powerful effect on both sides of the Atlantic. Imprisonment for debt, or

even arrest and holding to bail for mere debt, no longer exists in

England; and former laws on the subject have been greatly modified and

mitigated, as we all know, in our States. "Abolition of imprisonment for

debt," your own words in the title of your own bill, has become the

title of an act of Parliament.

Sir, I am glad of an occasion to pay you the tribute of my sincere

respect for these your labors in the cause of humanity and enlightened

policy. For these labors thousands of grateful hearts have thanked you;

and other thousands of hearts, not yet full of joy for the

accomplishment of their hopes, full, rather, at the present moment, of

deep and distressing anxiety, have yet the pleasure to know that your

advice, your counsel, and your influence will all be given in favor of

what is intended for their relief in the bill before us.

Mr. President, let us atone for the omissions of the past by a prompt

and efficient discharge of present duty. The demand for this measure is

not partial or local. It comes to us, earnest and loud, from all classes

and all quarters. The time is come when we must answer it to our own

consciences, if we suffer longer delay or postponement. High hopes, high

duties, and high responsibilities concentrate themselves on this measure

and this moment. With a power to pass a bankrupt law, which no other

legislature in the country possesses, with a power of giving relief to

many, doing injustice to none, I again ask every man who hears me, if he

can content himself without an honest attempt to exercise that power. We

may think it would be better to leave the power with the States; but it

was not left with the States; they have it not, and we cannot give it to

them. It is in our hands, to be exercised by us, or to be for ever

useless and lifeless. Under these circumstances, does not every man's

heart tell him that he has a duty to discharge? If the final vote shall

be given this day, and if that vote shall leave thousands of our

fellow-citizens and their families, in hopeless and helpless distress,

to everlasting subjection to irredeemable debt, can we go to our beds

with satisfied consciences? Can we lay our heads upon our pillows, and,

without self-reproach, supplicate the Almighty Mercy to forgive us our

debts as we forgive our debtors? Sir, let us meet the unanimous wishes

of the country, and proclaim relief to the unfortunate throughout the

land. What should hinder? What should stay our hands from this good

work? Creditors do not oppose it,--they apply for it; debtors solicit

it, with an importunity, earnestness, and anxiety not to be described;

the Constitution enjoins it; and all the considerations of justice,

policy, and propriety, which are wrapped up in the phrase Public Duty,

demand it, as I think, and demand it loudly and imperatively, at our

hands. Sir, let us gratify the whole country, for once, with the joyous

clang of chains, joyous because heard falling from the limbs of men. The

wisest among those whom I address can desire nothing more beneficial

than this measure, or more universally desired; and he who is youngest

may not expect to live long enough to see a better opportunity of

causing new pleasures and a happiness long untasted to spring up in the

hearts of the poor and the humble. How many husbands and fathers are

looking with hopes which they cannot suppress, and yet hardly dare to

cherish, for the result of this debate! How many wives and mothers will

pass sleepless and feverish nights, until they know whether they and

their families shall be raised from poverty, despondency, and despair,

and restored again to the circles of industrious, independent, and happy

life!

Sir, let it be to the honor of Congress that, in these days of political

strife and controversy, we have laid aside for once the sin that most

easily besets us, and, with unanimity of counsel, and with singleness of

heart and of purpose, have accomplished for our country one measure of

unquestionable good.

[Footnote 1: Hon. Richard M. Johnson, Vice-President of the United

States.]

"THE LOG CABIN CANDIDATE."

FROM A SPEECH DELIVERED AT THE GREAT MASS MEETING AT SARATOGA, NEW YORK,

ON THE 12TH OF AUGUST, 1840.

But it is the cry and effort of the times to stimulate those who are

called poor against those who are called rich; and yet, among those who

urge this cry, and seek to profit by it, there is betrayed sometimes an

occasional sneer at whatever savors of humble life. Witness the reproach

against a candidate now before the people for their highest honors, that

a log cabin, with plenty of hard cider, is good enough for him!

It appears to some persons, that a great deal too much use is made of

the symbol of the log cabin. No man of sense supposes, certainly, that

the having lived in a log cabin is any further proof of qualification

for the Presidency, than as it creates a presumption that any one who,

rising from humble condition, or under unfavorable circumstances, has

been able to attract a considerable degree of public attention, is

possessed of reputable qualities, moral and intellectual.

But it is to be remembered, that this matter of the log cabin

originated, not with the friends of the Whig candidate, but with his

enemies. Soon after his nomination at Harrisburg, a writer for one of

the leading administration papers spoke of his "log cabin," and his use

of "hard cider," by way of sneer and reproach. As might have been

expected, (for pretenders are apt to be thrown off their guard,) this

taunt at humble life proceeded from the party which claims a monopoly of

the purest democracy. The whole party appeared to enjoy it, or, at

least, they countenanced it by silent acquiescence; for I do not know

that, to this day, any eminent individual or any leading newspaper

attached to the administration has rebuked this scornful jeering at the

supposed humble condition or circumstances in life, past or present, of

a worthy man and a war-worn soldier. But it touched a tender point in

the public feeling. It naturally roused indignation. What was intended

as reproach was immediately seized on as merit. "Be it so! Be it so!"

was the instant burst of the public voice. "Let him be the log cabin

candidate. What you say in scorn, we will shout with all our lungs. From

this day forward, we have our cry of rally; and we shall see whether he

who has dwelt in one of the rude abodes of the West may not become the

best house in the country!"

All this is natural, and springs from sources of just feeling. Other

things, Gentlemen, have had a similar origin. We all know that the term

"Whig" was bestowed in derision, two hundred years ago, on those who

were thought too fond of liberty; and our national air of "Yankee

Doodle" was composed by British officers, in ridicule of the American

troops. Yet, erelong, the last of the British armies laid down its arms

at Yorktown, while this same air was playing in the ears of officers

and men. Gentlemen, it is only shallow-minded pretenders who either make

distinguished origin matter of personal merit, or obscure origin matter

of personal reproach. Taunt and scoffing at the humble condition of

early life affect nobody, in this country, but those who are foolish

enough to indulge in them, and they are generally sufficiently punished

by public rebuke. A man who is not ashamed of himself need not be

ashamed of his early condition.

Gentlemen, it did not happen to me to be born in a log cabin; but my

elder brothers and sisters were born in a log cabin, raised amid the

snow-drifts of New Hampshire, at a period so early that, when the smoke

first rose from its rude chimney, and curled over the frozen hills,

there was no similar evidence of a white man's habitation between it and

the settlements on the rivers of Canada. Its remains still exist. I make

to it an annual visit. I carry my children to it, to teach them the

hardships endured by the generations which have gone before them. I love

to dwell on the tender recollections, the kindred ties, the early

affections, and the touching narratives and incidents, which mingle with

all I know of this primitive family abode. I weep to think that none of

those who inhabited it are now among the living; and if ever I am

ashamed of it, or if I ever fail in affectionate veneration for him who

reared it, and defended it against savage violence and destruction,

cherished all the domestic virtues beneath its roof, and, through the

fire and blood of a seven years' revolutionary war, shrunk from no

danger, no toil, no sacrifice, to serve his country, and to raise his

children to a condition better than his own, may my name and the name of

my posterity be blotted for ever from the memory of mankind!

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