date

3 Aug 1812 Evidence Introd
3 Aug 1812

Evidence Introd

Introd

Ch. 26 Imprisonment for deby

'.8. Consequence of [...?]

Legislation bad

Insolvency and Bankruptcy form in the nature of things but one case. Who and where is the man who having it in his power ought not to be said to pay his just debts? Who and where is the man who being blameless, ought to be punished for not doing what he can not do?

Insolvency and Bankruptcy form in the nature of things but one case. It is by the daemon of chicane, it is by the sinister interest of men /the possessors of power/ that it has been split into the undistinguished parts for the designation of which the denominations have been employed.
Similar Items
  • Title: [4 Aug 1812 Evidence Introd]
    Description: 4 Aug 1812

    Evidence Introd

    Introd

    Ch. 26. Imprisonment for debt

    Improbity open[?] distinction between trader & non-trader &c.

    In the production of this improbity and this misery [...?] /the daemon/ is not the only agent: the daemon of aristocratical tyranny has claim to a large /no small/ share.

    To the two evil sports in conjunction may be /are to be/ referred /the glory is due/ several corresponding and harmonizing distinctions: the distinction between non-trader and trader: corresponding distinction between insolvent and bankrupt: between insolvency the condition of the one, and bankruptcy the condition of the other. Never was technical jargon and false /shere/ hearsay employed to a viler purpose: never was fouler corruption covered by whitened sepulchres.
  • Title: [2 Aug 1812 Evidence Introd]
    Description: 2 Aug 1812

    Evidence Introd

    Introd

    Ch. 26 Imprisonment for debt

    ' Errors of Abolitionists

    Of such universal indistinctness of vision or rather of such blindness - the result of brow beating /awe-striking/ effrontery on their part /on the part of lawyers/, and awe struck ignorance and timidity on the other on the part of the [...?] [...?] among the non-lawyers the result has been that inconsistency which pervades the whole mass of the wretched piece of legislative patchwork which has bankruptcy for its subject.

    The inconsistency though with so little point has found even lawyers more than [...?] to notice it.

    By [...?] /[...?]/ every bankrupt is considered as a criminal: and out comes a law to squeeze /grind/ and punish him. By a

    By [...?] [...?] every bankrupt is considered as the blameless child of misfortune: and out comes the law for his relief: In the eyes of Severin the interest of the Creditor is every thing: he is at all times as deserving /[...?]/ as he is injured what the wicked Debtor may suffer is not worth a thought. In the eyes of [...?] [...?] every creditor is on [...?] [...?] is the material of which his heart is made if it breaks where is the damage?
  • Title: [2 Aug. 1812 Evidence Object]
    Description: 2 Aug. 1812

    Evidence Object

    Introd

    Ch.26. Imprisonment for debt

    '4

    the most [...?], the means no less so Insolvency is not spoken of as /called/ a crime, but yet is punished more severely[?] than most crimes

    '4. The needlessness of it is demonstrated by experience.

    Unjustifiable in this case in the character of an instrument of punishment, inadequate and unjustifiable in the character of an instrument of compulsion, it is unjustifiable in every imaginable character, unjustifiable in every imaginable point of view.

    To what possible ends or objects can it have been directed

    Not to the benefit of trade - i.e. for augmentation of the security of traders.

    It is in this application of it if to this purpose application had been made of it, that the colour for it the colour put upon it would have been most plausible. But it is precisely in this case in which there would have been best pretence for it in which the pretence for employing it would have been most plausible, that it is not employed, that the insolvent is exempted from it. Upon giving up all his property a person deemed a trader is under the name of a Bankrupt exempted from imprisonment.

    In the days in which it took its rise there was no such thing as what is now understood by the word trade in existence /no such thing was in existence.