PHI LOS 0 P H Y . - Classic Works of Apologetics Online

Lending 'J/ JJfoney 121
JYdts it out of his power by profuse living; or con·
ceals his effects, or transfers them by collusion to another;
not to mention the obstinac) of some debtors,
who had rather rot in jzH, than i!eliver up their
estate; for, to say tnt: truth, the first absurdity is in
the law itself, which leaves it in -a debtor's power to
withhold any part of his property from the claim of
his c~editors. The only question js~ whe~her the
punishment be properly placed in the hands of an ex·
a~perated creditor i for which it may be said, that
the~e fi-auds are ro· subtile and ,-er~atile, that nothing
but a di:;cretionary power can overtake them; and
that no diseretion is like})· to be so well informed,
so vigilant, or so active~ as that of the creditor.
It Inll~t be remembered, however, that the ..confinement
of a debtor in jail is a punishment; and
that every punishment supposes a crime. To pursue,
therefor~, with the extremity of legal. rigour, a suf ..
ferer, whom the· fraud or failure of others, his own
want of capacit)T, or the disappointments and miscarriages
to which aU human affairs are subject,
have reduced to ruin, merely because we are pro­
,roked by our loss, and seek to reJieve the pain we
feel by that which we inflict, is. repugnant not only
to humanity, but to justice; for it is to pervert a
provision of law, designed for a different and a salutary
purpose, to the gratification of private sPleen
and resentment.. A.ny alteration in these laws,
which could distinguish the degrees of guilt, or con- ..
,'ert the service of the insolvent d~btors to some pub-
He profit, might be an inprovem ~nt; but any considercillie
mitigation of their rigour, under colour of
relie,"jng the poor, would increase their hardship~.
For whatever. deprives the creditor of his power of
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must add greatly to the difficulty of obtainig credit, /
the poor, especially the lower sort of tradesmen, are
the first who would suffer by such a regulation. As
tradesmen must buy before they sell, you would exdude
from trade two thirds of those who now Cari"oJ