Columbia telescope. (Columbia, S.C.) 1819-1821, June 08, 1827, Image 1
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xui.] ; ,:v , COLUMBIA, (S. C.) FRIDAY EVENING, JUNE ?. I8S7.
(Ac Wtnyan Intttttgmter.
KOROKTOWN-, 18th Max, 1927.
doctor,let thepoet Yquill
a few ;ood natkrtu nrm,
^htho doctor* pill,
otrtalnlf with hoanrt.
would t'rily
Mm
c??^S^SpSJ.'i,w(l7
Flr*t Uwv poke doW? Iho throat a munoui ihII,
Which *omethne? will eome up, and theo they
A blbtec oo you,and ? lancet In yna,
Ac!?u dor iflo make root give to thin you.
If nil thing* fail?and tha poor patient?die*,
'!*?? EpHrmict nought no earth could rave,
Wot blUtor, glitter, lancet,pill, or A>*?,
rreeorre the laekleas devil from the gtave.
Y* gentle fataa! protect my warn Mill?
-Throw phytic to the dbga"?-Tartar end Bonis!
Protect my cerdt my perieardt end thorns,
Oipuhia, icrotom, may they uever feel
Tkc operation of the doctor* iteel,
ftvierve my u vital carreota" from hie pill,
And oh! defend my pocket from hie bill.
Town' -/? \
. , ANTIBOI.U9.
' ? ;
' REPLY.
Georobtowk, 10th May, I82r.
Peer^nftMKt.thfie'ia flaw.
In yoiir moat aotibiliou* docket,
-,(} '1 u not the pKjfiie, hut the/air
That operate* upon the pocket.
irrfpn could rpeok, then every tongue,
I'rorn every n?pc that over ?w?r.g,
Would awear that when a fellow'* hung,
'fhe lawyer'twaa that made hint hang.
Confound the lawyer*! and confound ihn art
'Itiat'e u#cd when men do chence to ditagrcc;
< )r one ?* tried for life?off they *t*rt
4|aio*t the pur??a?Malt and hattery,
Ooute from the lMK-ket a prodigiou* leo,
Aad;if thooaie bo murder, fllea plea,
The criminal waa *4tftnitn4o if *'
Tf WeefU of c'.?rgy be denied,
And uw man twmf*, Hwa? fnirly tried;
"I'wai malo animo, malir* prei* vc
f(o horu? pocu* end no eloquence.
No joinder, ftur-rejoindnr or rebutter,
Nor nil the jargon that the lawyrr* utter,
Could rave the luckier* devil, and lie died
Ssaltod high, tha amply air atfrido.
y* fitn! protect me from tha lawyer'* ?
Throw law among the calr! and let Hun claw
^od scratch and gouge,and writhe ami twi?i
In all tha ItMCioO* egonie* of law.
And wheu the meagre devil* ?tarve. grow thin,
And die?let erery lawyer take it tktn.
Your#,
NOI,: TflOS:
From the New-York Enquirer.
HIGHLY INTERESTING LAW CASK.
/?An Jultut Don*]/, vs. Mtllicnnl Mo-Jith, Spintltr
,This wu an action of damages for fright*
?*niiiR plaintiff'* horse.
John Julius Dandy deposed that about 12
??Mock on Saturday last, a* hr wm riding up
tftvadway, near rulton-stree the defendant
Middculy turned the corner, having mi a
fashionable hat, which she had lust purchas
ed, from an importation opened that morn
ing by Madaine Trumpourie, fresh from
Paris. That Ids horse being raw front the
.ountry, became, as tile plaintiff very be.
Heves and testifies upon oatn, alarmed at the
?udden apparition of the said hat, abruptly
wheeled round, reared up ami transplanted
him from his back into the gutter, to the
great damage of his person ana apparel.
Zephyr Hilkendalc testified thut he was a
it Wow lodger with John Julius Dandy, ami
that the said Dandy suffered great injury, in
hit apparel, by reason of certain filtliv ac
cumulations of mud, aa per contract of cer
tain individuals with the corporation, nmi
further that said John Julius Dandy kept his
l?ed for three days afterwards, as he verily
believ es in consequence of said disaster.
Sylvia Silvcrhccts deposed on the part of
defendant, that the hat sported by Miss
Modis was a fashionable hat, such us is now
generally worn by all persons of the least
pretentions, from tlio highest ton to the low
?*st kitchen, and that no horse of nny blood
or breeding would think of being frightened
seeing it.
Madame Trumpourie deposed that the hat
was ?ii exact tac-stndic of one worn by the
dutc'.tcss lVAngoule-ine, the lafct time she
took an ail ing in Poiitainblenu.
John Julius Dundy cross-examined by Mr.
Catchall.
Was the horse you rode a blood horse?
Can't tell-?don't know his pedigree.
Council desired the jury to take particular
of this.
So you don't know his pedigree you say?
Kflt
Mf. Dandy, I run now going to a*k you a
Question wlilrh I hope you will consider
?Ireply before you answer. Did plaintiff
wear curls, when she frightened your horse?
She did.
You arc ccrtaln of that?
Y am.
Jery well?that's sufficient.
tpiivr Hilvc iheels crou-exnmincd.
?1 John Julius Dandy actually keep his
rnrcr days after the accident ?
He did.
W?k it in confluence of actual injury sus?
tained, or onfy from fright?
Cant say, upon my honor.
Nevtr minu your honor, sir?you are un
tr raa?h now?mkht not John Jnlius
?ai|4y have kept hUocd in ronsequvdce of
?be damage sustained by his o '
??rthartfrom any injury receivi
look that rather itoatd the learned ooun
?el. and Mr. SiveHiccIs appealed to the
court to know whether he wan obliged to an
itwer the question* The court Mild by all
mean*, unlets It'would in any way criminate
himself. Mr. Catchall then repeated the
fie liad i>o other suit of clothe*.
O l ot then he kept hit bed for want of
thetnf
*s5fottoy.
Madame Trumpourie crow-examined by
Mr. Tongue, counsel for plaintiff1.
What was the site of Miw Modish's bon
net?
Seven feet three inches round, clear of
the trimmings.
Is that the usual site?
The sites vary?If the lady Is below the
middle site, the hat ought to be proportlona
bly larger; a lady of four feet and an half
height should wear a hat twice the ciicum
ference of her height.
How many vaids of trimming go to the
composition of a fashionable hat. madam?
Sometimes more,sometime* less, sixty or
seventy yards itfche extent. .
How many feathers?
About three dozen.
What quantity of flowers?
A tout as much as will fill three band bo xes.
How In the name of wonder do the ladies
wear such things ou their heads?
They hold them fast with their hands.
What isthensual price of such a hat?
Here Madame Trumpourie made a low
curtsic, and declared she never attended to
such vulgar matters. The ladies paid just
what they pleuscd.
The Testimony being closed, Mr.
addressed the jurv with great critic
kpccch six hours long, Ave hours' "
quarter of an inch deep, bv aUari
tnent by a stop watch. We can only give the
sk'cleton.
Genlfrmrn of the Jury?It is idle to make
law* against flying kite*, netting off souibs
and crackers nnd carrying paddies altout
tlic streets?it is idle to' make laws agonist
projecting signs of elephants and obtrusions
of (tow windows upon the streets?it it idlr
to prohibit the sober business men of tlic
city from putting out their empty hogsh<?;ids
and sugar boxes in front of their stores?it i?
idle to prohibit the ringing of bcHm at auc
tions and stcum-bouts ho h?ng an our bellew
arc permitted to encumber the streets, em
buuass passengers, and frighten hot sec, by
wearing hat* of such a singular enormity.
To my certain knowledge, gentlemen ol the
fury, several persons bennies mv client have
iccn put iu jeopardy of life and limb hv these
unlawful projections called lints, and hud no*
their chivalrous gallantry .prevented it, the
number of uctinns for damages would have
been incalculable. Gciitlemcnnfthcjiiry, such
hats arc contrary to the spirit if not the lct
ter of the law. There is a law against swine
running at large, and why? Because tltcy
run between our legs, and endangers our lives
and limbs. Now, though it is impossible for
a lady in a fashionable nat, to run between
any legs but those of a colossus still there
are an Infinite variety of ways in which they
may, and do operate to the great danger ot
the community. They frighten horses, as
In the case of my client?they frighten the
gentlemen from the interior, who come
down in the spring to huy gtods, ami they
frighten the hutch women from Tuppan,
Bergen, Flathush ami other places, where
by they arc prevented from coming to mar
ket to the great detriment o'the eltV, which
suffers in consequence of want of Imtter,
eggs wormwood, and parsley, jffcppermcnt,
poultry and pennyroyal.
Gentlemen ot the jury, this is a case of
great enormity.?Huts were originally de
vised for the purpose of defending the head
and face from tlie sun and weather; and
hands were originally invented, at least
ladies' hands, the one to cany a reticule,
thr other to hold up the train behind. Hut,
gentlemen of the jury, what are ladies'hands
good for, now' ror all useful purposes,they
might as well he without them?4hey are
continunlly employed in holding their hats
on their heads.?No hair, pin, nor ribbon,
nor skewer, nor any other instrument of
modern invention is competent to the t\sk of
keeping such hats on such heads as we now
sco every day in Brundway. You might as
well uttcmpt to restrain a balloon with a
single hair?brace down th* mainsail of a
man-of-war with a rope yam, or make any
other impossibility possible, aa to restrain
the eccentricities of a fashionable bonnet in
a modern brcc*t\?Bless me, how it totters!
and capers, and flares upwards and down
wards?nnd this way awl that! How It
shiver* In the wind, and leaps like a vtscl
hi stays! How it impedes the motion of the
wearer, and destroys all power or grace of
motion! Sometimes the ladies heads arc
blown back upon their shoulders by a sudden
puff? and at others beat dow;i to their knees,
by the wind taking them all aback, to use a
n:iuiical phrase'.?Both hands are now so
taken up with maiurnv? iug the hat, that the
pctirnats which whilome used to be the
|>eculittr object of thr fair ones' cares, are
now left to shift f??r themselves, and when
the wind is up, rut strange vagaries, iu snlte
of the ballast of a thousand Bouncer*. The
poor ladies arc somonopolised with securing
the rigging aloft, that they have no time to
attend to what is going on below?whereby
men are put into great jeopardy of feet,
ancles, &<*.
Gentlemen of the jury, extravagance of
dress, cspeciall* in the streets, is essentially
vulgar. No ladv of taste or delicacy will en
cumber herself in walking, with a quantity
of superfluous trumpery, that embarrasses
the freedom of her gait, and destroy* all
grace Of motion. Simplicity of dress k not
only n refinement, hut a virtue. A rajW for
\ ornmneiit*, in timr, destroys all
hetwicit education and
can paM lor fashionable elegantes, by the
?olc aid of the miliner, *?? dtopente with
thnac accomplishments of mind* w?d man
new, which, after all, art the only tests of
gentility. It rests with you, gentlemen of
the jury, to discourage theat vulgar and mis
chievous monstrosities sM to do an net of
justice to my injured client
Mr. Catchall then rose In bahalf of the
defendant, ami made a most powerful appeal
to the feelings of the jury.
Gentlemen of the jury* tetd ha, ?? the are
of chivalry is gonel'r?aloaf pause, and the
orator rat uned.?" The aye of chivalry it
cone, aud the glory of Eiirope is defeated
foreverl" That in the nluHaanth century,
a period unequalled in the annals of refine
ment, for taste in dreta?Ibe manufactures
-a >? a ?.=a s_ ?_ * " ?
bobbins, bareges, grot de Napfes, French
plaids, English raxors, Irish gloves, and
American motfiaa?that in aaafc un enllght
ed and chivalrous period?-a gentleman?I
say gentleman, gentleman ? thy a gentle
man should bring an action againit a lady, in
any court, except the court df Cupid, ts an
unequalled barbarian?a barbarian only
worthy of those ages of dannets, which?
which?which?uttcccdcd those are* of
ligl-t?which--which?gentlemen of the
jury, I say a most unparalleled barbarism.
Gentlemen of the jury, whBre is there to
he found, in the commoti law?the civil law
?the canon law?the tftafote Uw?the
?Brehon law?the laws of V.edcsnnd
Persians?the laws of the land, t??c ?ccan,
the air, or the moon. I say wh? i c is there
any law putting a lady's hat into lUj.erscrip
tlon or confine??None. I defy the learned
gentleman to producc a tingle cane in point.
But, gentlemen of the jury, the low as in
most enses which occur, not nothing to do
with the business. Custom >;nitlcmeii.
custom is above the law, because it it the
foundation of the l.iw.
Now, 1 maint tin thn' if it were the custom
to wear no hats at alt, there would he nothing
unlawful in any client going without a hat.
Now, gentlemen of the jury. If it i* lawful to
g? without a hat, then it follow* ufiriori?
tlmt is, it got--i, rliw in the argument?tli.n
she may lawfully wear a hat us high as a
church steeple, and as wide a* a church
door. The very fact ??f her being permitted
to wear no hat, prove** that nhc may wear a
hat of any site she pleases.
Cientlemen, the ctrcumM.mre of the
plaintiff not knowing the pedigree ot his
iiorse. In decisive against all el iiui i??r dama
{;es. For aught we know, the librne might
uive been a wooden horse, a fl\ ing horse, a
wild linrae, or no horse at till. If a wooden
horse, his throwing his rider could not have
been un act of volition, proceeding from the
sight of the hat. If a (l> ing hor&e, he ought
to have been railed a liypogrifT?therefore n
misnomer in dcclurati/n. If a wild horse,
action will be against piainttir for introducing
unlawful, animals.?llolt. cap. .Id. Raymond,
and three thousand others. If no horse at
all, a nonsuit, ox a matu r of course.
Another important query occujra, gentle
men of the jury. It is stated by the plaintiff
llimrfelf that niy client wore c.urls ns well as
a hat, and the question naturally arises,
whether it was the eurls or the hat that
frightened the horse. The animal might
have taken them for drmi culverins, cannon
udes, or hombspiled "like artillery, tier over
tier,'*and if he had, pcradv enture,belonged to
a militia officer, he might have had an anti
pathy to such murderous machines; or lie
might have tuken them fer ilologna sausages
?aud tome horses, beyond doubt, have an
antipathy to Hoh.gn i sausages. In short,
gentlemen, if he was, in your opinion fright
ened at the eurlv >'<m> nnist lind a verdict for
ut?the quo unimo being different from that
Mated in the case. Hut, r.entlemen, all this
is nonsense. The plaintiff is nontuited, as a
matter of course, and in virtue (if the legal
maxim, qua nu/ira mm nihil ml not, artgUce
?the things which are above u* are nothing
to us. Now, gentlemen, the hut being
above the lady's head, it follows that my
client cannot lie made responsible for any
damage from that which was no part or por
ttonofher. You might as well fine her for
damage done by a hail stone, or any other
missile coming from above. 1 have clone.
The court charged the jury, that if they
believed the learned counsei tor the plaintiff,
they would find against the defendant; if
they believed the counsel It the defendant,
they would find against the plaintiff; hut if
they believed neither, they would do just as
they pleased.
Jury after being out three day* and three
Bights, returni t a verdict of disagreement,
'ami were discn ?rged.
THE BANKRUPT HIIX.
REMARKS Of MH. ftMlTII, U? S. CAROLINA,
In Ikt b'mslt nj iht t'nitfil statu.
Jaxv.wx .'It,
Mr. Hmit(I mhI. If w?? im.| ?mi??with lha
pror??i??n? <>l thr lull t> g?i?eml| nwr did ha rem*
iKlir it lUvh n lull *5 r ui.nrti'Uteil by Ilia rtunlc
union. *|1?? e<m*t(tuli?>ii. it *m (ril?, ?nt|M)Wer
?->? Coofre* to auMtt fwnhr?|A Uw?, but the
|xiw?r t? limited in uniform l?w?. 'I'lio axprat*
wurtl* ?>l thr c? nMitutiun it?< If, vrhwli giva ||tn
power, ar?:
"The C'oojp**? ?h?H have power?In r*lnhiiihj
uniform law* ?ni the ?nty*?t <>l bankrupt<-ia?,
throughout lha United
The plant and ohviou* mcmiing of theie word*,
and ahwh aaunot bo t>n?lnk*n, ??, tliat any Uw,
l?at?l hr Cufrati, under th<? t>mvi*inn of tha
ron?tituttoo,*hould but ?Ue lonn in it* mmli*
lion* be that form frhais.?yer
whomsoever it ?houM ba
m*da to aparate, it ib'oW ba mada (a operate
If M ?boatd ba mad* to eaare* ttoe
who vhoold bacoMM ??ihjari to it*
?fcoMld ba mada tu voerta every
. win rboRld booofea totfjwt
e?*H#l|r hi the mma maauer,
But iho wai net Una
bafote the te*?(#.
I oparation
That on
The Ant acolioo eabrMti only merchant*,
dealen in exchange, banker*, broker*, factors,
underwrite*, and marine irnmers. A?y whom,
?houkl th?y commit an act ef bankruptcy, can be
compelled I if ? single creditor, In the amount yf
$ 1000. tn alt lhs? tests end *e verities of the bankrupt
law, without the smallest confront left him over
hi* eetate nf any kind or doerriiitimi, *wl very
little eootrnl over hie pertou. Hi* whole relate it.
to lie immediately wretted from him, wd placed
in the hand* of epme enmaliiHoer, whom he
?aver may have heard of before. Thi* commie
doner ha* plenary power* to iatue a umrknt
?jam*! hi* penon. aa ho would again*! n felon,
and bring the bankrupt before hint. And upon
vary trivial Hrcurn*lance*, commit him In th?
common pri*ou, for any term not exceeding tea
year*. There, with other peiotaud peualtict, of
no ordinary character, are the Axed nod unaltera
ble portion of that cla?? of citisent described in the
flr?t section of the bill, which tlmy rennot avert,
nod over which they have no *ort of control
The ninety third section of the bill provide* for
all other cleatee of citizens, than thoee Included, in
the flr*l aectiou, bat ia a quite different mode.
One creditor of f800, run canae a commiwion of
bankruptcy to iwue agaiwt a penou nf thi* clun,
who ahall have committal an ret of bankruptcy.
And after going through all the fornialit ie* appli
cable to a bankrupt, umler the Ant *e?tion, the
commlnioner ia only empowered to i**ue a turn
men*, a proees* of the mildett clam, to notify the
debtor In appear before him; and in tho word* of
| the bill iteelf, " To ahow why he or *he 'hall not
be declared a bankrupt; jind it *uch pervon appear
,iug, shall cou*cnt to a cnmuiitsion of bankruptcy,
I then, and not otherwise, tuch person maybe
| declared a bankrupt.*4
If a law with heavy penalities, and high
disabilities, i* mado to opcrato on nno clan of
citizens in the niovt compulsory manner, and with
a fcvcrily bordering on a proceeding against a
felou; and not to o|?cr?le on another clas* at all,
unlet* |>y thoir expre** coorent, formally aud o(B
cially declared, ran l*e relied an uniform law,
any other law, howsoever different in it* opera
tions, may be culled a uiulorin law.
Wc Imve Irecntold we ato dealing too much in I
| liui*e*?iti-i and it would l>e a I'luody law it we
?*?.uld not adopt it to the circumstance* ol every
?:!.!?? o( eilucns, lie those cireiimstanc** what (hey
tinny, rrgan'le** nf what might have been the
| intent om ol ihit convent)-:*.
Mr. Smith said it was not his intention t? inves
Ii^hIc tbo effects ol" ?nr>n a provision, ?<? llml con
iniiifl m the uui> ty-third section, were to produce
.?vir th<> political rights of tne stale*; that had
already |iei?n treated <>| by othergeutleipcn. Jfor
wa? hv dt#|??scd upon that occusion, to enter into
any pniticiilnr ilfti'inw of the constitution, because
he cons cited notiiiu-{ hot a icmuant,ol that once
sacred .11-1. no.. id, now remained; tiut he hoped
ili> time had no* yet arrived, when the caprice nf
puMie n"?intii;n, and the intere*! of paiUcular
mentis, were to establish the rule* for vowtruiBj;
the moil solemu instrument* that were to decide
noou the dearest rights of the people ol these
United StlltcS.
Thi? clause of the constitution which provide*
for urn/ww Inirt on the tubircl of fmnkrvftcitt,
was welt illustrated by the lirst part otthe mm*
section, which provides for laying and collcoting
taxes, duties, impost*, and exciees. * j
" The t'ongrese shall have power?to lay and
:ollcct taxes, duties, imposts, and excites; hut all |
dutte*. impo?t?, and excuet, shall be uuilorm
throughout the United State*."
Il? would ask, said Mr. Smith, if Cougrcn had
the power under this pro*ii<ion of the constitution,
tn enact ii law imposing high duties on article* ol
merchuiiHiio imported by that clan ot? citizens
embraced in the first section of thi* bill, aud
exact ihe payment of Ihesn duties under heavy
penalties and impose higher duties oa the *ame
kind of articles imported by that oiase of cititeos
embraced m the l?;1rd section, aud then submit it
lo the opinion of the latter clas*. whether they
would pay the dutie* or not, if thi* would be a
uniform fulfilment of that part of tha constitution?
No one would sny so. I lien where i* the
distinction? They both contain precisely the
same provision.
But what was far more strange, thi* wa*
avowedly a law for the benefit of debtor*. We
had been dittinotly told, that there were thousands
of valuable men languishing under thair mi?for
tunes, and piuing on their nillows, whoso faculties
were totally locked up anu lost to the community,
but who would be rettored lo sooioty, with all
their u*efulue*t, under thi* law.
Wa had moreover been told, that the sulntance
of a bankrupt law, and the object of it* operation*
were, to releato debtor* from their obligations; and
that there were many unfortunate trader* who
were waiting for tha bencAt* of thi* law, whose
claim* were prening upon sis, and we ought In
look back with an eye of benavoleoce upon ttiose
victim* of misfortune, aq^ restore them to society.
This is in direct opposition lo the settled
principles upon which all bankrupt laws have
been enacted.?And directly calculated tn destroy,
lusteadof promouug mercantile credit, eo essential
? to (he facilities and prosperity ol commerce.
The tank nipt law, enacted by Cong ret* in the
yea r IWMJ, wa? a Inw for tlio bene At of creditor.*,
iiihI for the imnnotion of ronm?rviil eredit.
'I hut law irujiojc<l heavy jieiwltit* on bankrupt*.
Tlii> llrilbti imrlmnionl, in h luccr-roou of morn
than two hundred year#, liuil mm ted twenty ouo
itiiuin upon Hie rubject n| bankruplcic*. They
nil fiilijfto.l bankrupt* to heavy |K?iinUf*<? and
disabilities, nn<l ??nn? of thmc statute*. to the
iwnnlty of death iltolf, for the leart attempt to
defraud.
Upon Uii# ^Ubjer.t of oommeroial r*(treat
ilritain had |ir?ii exemplary. Kor the purpoteof
proln tin* rredlt, Ilia merry of the executive ??
uniformly withheld from counterfeiter*. IWtoe
limit], a w?n ?>f xrent learning ?H'I n?nnpli<lH<d
manner*, and who iihivwI in lha Act nrdtt in
(lie mtion, under ?!??? pr???Ure of cireUimtaneea,
had cwiiuterloilcd l.?id ChuWrflrM'i hand
wiitiust, whereby t<> obtain but ft Mm 11 mm ?>l
money, in which hi wai detected, and of whWh he
wa? convilUd, w?? executed on tha gallow* To
retcue ?>? dMinguithc J a mail from that i^nomini
oi?? punidiment, Rr?at intereM wa? taken In hl?
behalf. Th? queen interposed.?Hut in support
of that (rent principle of credit, tha inflexible
policy of that government prevailed ort the ela
money of the ttw itti*#, and h* suffered death
Hut we In oar hnmxmty forget th* publi* good In
our feeling* tor th* individual, and send thoee
(/ttemlera to pmitcotinrtoe, to refine and improve
in their art, from whence they ara turned lone*
Mf to praetH!* villa*i*t upon ?-ictetf.
(Mr.H here r< lated ?0toe facte, of otftem p?NHM
preparing iho the* own bentwofteie. )
|ifV? tpHk of i
veoerutum,aud wi'.bi
Wi??l lb* sefoty
to depend upon f
because all oar (
which w* have drawn |
proved but ? d*lusiv*
iug ?or own bankrupt
Itrilith Malan, enaoUd
under various dreamt(mm, Is
cr thro* haadrad
penalties, y*t tb?jf ?JB| .,
afforded nothing but a d**oy I
and a source r(iiiiir>M?ft>l
the bankrupts tbeawrlv**, aud ef|
culaliont? rati-itorr, <
wlto'jften make
the spoil among themselves.
la. 1017, the British parlioaMOt
commit!** of distinguished moa to
report upon their whole bankrupt i
railed belore (ham many of the i
solicitors /aud most experienced ?
afr?*d Iho system could Dot hi
any benefit to creditors. And amour <
tratiomof that fact,cootained in the rOporti
committee, ?u thu follow ng opinio* of tht |
chancellor.
?? HU lordship nbierved with warmth, th?t U|*'
abUM of th* bankrupt law WM a tQ the
country, and it would b* bottcr at u?m ta repeal
n I It he statues, Minn to suffer them to bo applied tp
such purposes; ther* it no merry to. thu aetata*
noiliin* i* let* thought of thao the utyfCtaof tho
commitslou. A* (boy or* frequently oouductod iu
th* country, they are littlo mora tba* ktook to
trad* (or the commissioners, tho nssiguOea, and so? *
lieilors; in?t?*d of eolicitor* attending to their duty
a* mlmttera of tho court, oeWminioQS ?f Nlttk-t'Y
ruptcy ore treated af matter of truAet A, taking
up th* commission, B and C act aa commissioner*.
They are cnntidared as stock iu trad*; and eokul*<ivJ.
tions nre made how many commbafow can bo r
brought iato the copartnership. Ami ?liu thfe#-,
court liohls a strong hand over u bankruptcy, it U
itself accessory to as great a nuisance Ok nay knowW <
in the land."
* One partner is a petitioning creditor, aaoth*f
partner tit* acting coairabtiouer, auoth*r pUrtMr1-.'
Iho solicitor of th* commission, and tho remaining -
pitrtner the sole assignee."
Another part of this lengthy r*port, which
tr*m< <>f the effevtt of the bankrupt system In
I rliiiid. ray*: t ?
" 11., iim c .11.1 ilo body, for whew benefit it WM
enacted, nre unauiMounn its coodafodatton, aud It '
the Inw !>e not radically amended, it WoUld bo
in hit it were altogether repealed, for it lufltctt
upon th* lionwt nnFortanete trader, poverty nod
d if grace, whilst it insure* to th* full handed ?U<K.
fraudulent bankrupt, profit and impunity.'*
Mr. Smitl. obrerved, that tho whole of a largo A
volume which lie held before him, Wiu full off'
such facts and opinions. Aud the learned < om?
mitte* declined to rc.nmuiaud, evaa a continu
ance of th* fyilemt so totally had it faded to pr^
mole th* great int*r*st* of creditor*, aud of th*
'-ommercial wo Id. Aud it wa* matter of curiosity
to r*nd- th* testimony of Uatel Montagu, Esq.
contained in another part of this iominous report,
lie says.
?* 1'hnt practice has now got to *uah a pitch, that, y
I verily believe barely on* ur*ign*o io ? dousa acta ,
faiily, illustrious, or bon**Uy, for the benefit of
the bankrupts *fta*a. They are generally mew
in trade themselves, ha via} interests clashing with
their duty a* assignees, many of thou busily one*
ployed about their own concern*, whilst tho Malt*
rupts property it left like a wreck upon tho strand,
ex|iof*d to th* violence of every galo that bloWf, -
broken and di<pertod by e\ery storm, oa etl?fc;|*
of plunder to all, and he that It nearest iwsublw
nivI get* th* mott, till at length all disappear*,audi
not a vestige remains lor creditor* at laigo.** .
Out why, said Mr. Smith, should wa go abfoad
lor proofs of corruptions, frauds aud disoppOtaMM
hope#, from intolvent and bankrupt law*, that
were intended to promote speedy jumoo to credit*
ort, and give security anu quiet to cowtwhl
credit?
Pennsylvania, in March, 18IS, enacted an inael,
vent law, with all the guards a#d precautions,
and with all the peuslties and disabilltiee, of tho
bankrupt bill now under coatideratiou, sod l*uHf.
ed its operations to the county aud city of PhMa
dalphia. Chat city was a great llUBlWhl ait#,
and tho mernhant creditors sought this law to *
bring their debtors to a rpeedy rtukwilug. Tble
law war, hy its own limitation, to expire iu thro* r
y*ar*. Hut so odious were iu eftwts,uud so ffim
mg nml outrageous its fraoda, that the legiaiaturo
r*|>eale.l it ou tho 91st of November following,tho
moment they convened, not Mora thao eight
months afler its enaclmeat. Thei statoofFeUasjl*
vnnia has juttly obtained as high a .1 spUtotiea for hk
g*Hal mora It, industrious habits, aud p?Mt?klHy
in dealings, as any stat* in the uniauj aud Phils?
delphia Ifas been proverbial for tho foir dealing*
of Its merchant* awl trader*. But itelbif feuw
and well earned reputation formed no borvler to
the frauds and perjuries ?f the*o who eho?o too?|l
t'tetnreives nnfortnnote debtor*,whau tho aveuUO
was o|>*ned to such a tem ptntiou by the statuua
of the stat*. ?
Hut tha Unkropt law which CotpM MMHj
in I MM), had IbrnDhidprwtlNd leesoos wbiohtllie
? oo.munity wonld not eavily disregard. iMMdrf
affording to honest credit?** that relief they
sought for against tardy aw) difficult debtor*, tt
ifuvp tho debtor* an ?>pport??ky ol ?
thatr debts, of tha fairest dMtgrtioo,
(Hittiut a rant in tha pocket* of Osaka
unlets it was in vary mra naiM. Unw afa MelP'
of io?> rrcsnt a data to ba fargaO?. B?t thay da
not rot in memory al?Mt tha raaovds of yaw
< ourts baai this testimony.
Mr. Smith said that whan thissabfeet Was agtta*
fad it) thaiirrt session af tha seventeenth Coftgra%
>? tcftiitlaifmn, than a member from SasKh Carolia*
?Wfcrttte.1 a resolution in tha lm?M afrajl '
lives, to request tha vreskUnt af tha
ftates in cause the whole nMiber af am*_
whiah had baaa taken ?M i
diMrkts of Virginia, Maryland, f
Naw YarV, and tha Dietrk* of Co)?
t It act, to ha laM bofcra Ooagros.
d at mada tha eatl at requested by the reeotttl
tha return to which was cowtaiaed hi tho ?
rotuma nf tha oseotttivfc papow of Uttfj
Atom which i. i|^(?rsd, that fc/gj
In VWgima there never tw
fay tha of fa
thay ware required, under a
turn them, withht i
VjIrtTof tWUhH
rrrilHaa that ha had
toad jwtonn, eight** or