Legal Collection Of Debt

The nbolition of all legal process for the collection n{ debts is a proposition so perfectly radical in its chnracter, and so comprehensivo it-its scope, that thero is a tendency in the inind to stnit back f rom it as a visionary dream of the enthusinstsj rather than to consider it ns a practicable measure which ought to be put in oponition assoon as public opinión can be prepared for it. Nevertheless reforms ure not to be rejected merely because they are momentous, or new, or untested. The nbolition of Capital Punishinent ; the electionof Judges by the people ; a Homestead for every ftmily ; Universal suffrnge, and the abolishinent of Imprisonment for Debt, we re once new, untried mensures of Keform ; nnd yet now thcy are geuerally snnctioned nmong us as practicable, usefuland beneficia!, The fnct thnt a proposed mensure is novel or untried, is no proper rensou for condemiiing or approving it. The proposition. before ns is worthy of attentive considernlion ; nnd I will submit a brief plea in favor of it in the shnpe of NlKETKKH Rkasoks for its ndoption, some of n pecuniary, and sonie of a moral nature. 1. The nbolition of nl] laws for collecting ordinnry debts arising from dcbts or contracta would vastly (liminish the numher nf lawsuits. Cnses arising from crime, or from wrong or injury onlv, would then be left. 2. It wnuld abolish the cnormous expenses of the litigation of these cliiims for debí, all of which, in the end, must come, and do come, eutof the Iaborng man. '.). It would diminish the number oflawyers. In this State, on nn average, every 200 families support a Inwyer, at an average salary of 500 each. - Without the piesont Credit System by wliich tliey are fed, veiy few would be needed. 4. It would diminish the number of consumera, and add to the number of producers in the community. Those who now live by legal collections would be compelled to earn their living by creating values, instead of consuining those earned by others. 5. It vvould ádd to the prodnctive Cnpital of the commuiiity. Only a certnin nmount is now produced ; and n portion of this is consumed by the persons emjiloyed in these legul collections. Were it not 60 consumed, a Inrge part of it would remain in the hands of the farmer, mechnnic, &c, and wonld be reinvested in mateiials, stock or irnproveniept. 6. It would put an end to the extravagant rates of usury now paid by persons whose property is in danger of being sucrificed by legal process. 7. Il would secure the comforts and conveniences of life to every person who had industry enougli to acquire, and prudence enough to keep them Whereas, under the present system, the most cnreful business man, who lives by the Credit Sys tem, knows not how soon ho may loose overy thing. 8. It would atld to the pnpulation of the State, unless othf-r States shoulfl follow our exainple. A measure so beneficia! to the working man would not be generally oveilookod by emigrante. 9. It would obviato the necessity of a great amount of legislntion respecting the collection of debts, nnd theroby curtail the sphere of legislation, nnd diminish the length of the annuol ses9ions of tho Legislatura. 10. It would greatly t'.iminish quarrels, contententions, and bickerings among neighbors. These are fomented, extended, and aggravuted by Buits before Justices for debts. 11. It would destroy the hnrrassing uneasiness necessarily consequent on suits for property, which befalls alika the plaintifTs and defendants and their families, without any reference to the justness of their cause. By some this may be thought a small matter; yet, if the groat object of living be to live happilt, this is a source of annoyance and trnuble of nota littlo moment. To becoine involved in an important, protracteJ, expensivo and doubtful lawsnit, howover just your cause may be, is buta poor help to the enjoyment of life. 12. lt vvoiild grently lessen the nmount of goods unnecessnrily bought by families, nnd whichnro now often crowdetl on to tho dnugliter, son, or wife, by the merchant, merely becnuse he can collect tho pay for them. This is n gaine very generally plnyed. The fact is notorious, thnt merchnnts frequontly give orders to tlieir clerks to " soil the young folks all the goods they can : for the nld man is goud f r the amount." In this wny, through the skill nud persevorence of the morchant nnd his nssistants, goods not needed by the fainily aro sold to them, and soniet'unes a raortgage on the farra obtnined for them. 13. tt would ]utan end to the prácticos of shnrpers in bringing up claims ngainst individuals, for the express pui pose of nmking him pay " shave money," orof übtaining thoir propeity at less ihun its real valué. 14. It would do awny wifhall the hnmbugcliims which are now bntched up by unpriucipled villains against honest and hardworking, but ignorant and 6imple persons, aod vvhich are bacliod up and onforcsd by the worse portion of the legal profossiou. 15. It would promete good unrlerstanding tween debtor and creditor: becauee the ouly hopo (f gctting bis pny would be throngh tlio voluntnry nction of the üebtor. In making bargnioi, the croditor woultl be cnroful to have every point distinctly understood ; nud in nll doubtful mntteis, hia interest would lend him to do that which wrs just and honorable. Wherens now it is often the interest of the creditor to do monn and iinjustacts, becnuso the law WÍI1 upliold him in doing them. 16. It would produce n manly, independent feeling in the debtor nnd his faniily : whciens nnder the present system the tendency is to make tho debtor fenrfu!, mean-spirited nnd eervilo to wards the creditor in whose power he feels himself to be. Creditor?, from ihe same reason, are often overbeariog, iusolont nnd opprcssive. Some merchants. for instanco, will conipel persons owing them on judgments to trnde with them exclusively or chiefly, or otlierwise they will tiike out pxecutions against their debtors, nnd " put them through" the limits of the law. 17. It would elévate n standard of moral rectitude throughout the whole community, by mnkirig nll credits dependent on the charactkr of a man. Cnpitnlista would ba very cnreful wlioni they trusted, and would scrutinize closely tbeir debtors ; nnd deviations from finsneial fiiirness nnd honesty which me now entirely disregnrded by the eominunity, would cnuse the nnines of tho peipetiators to be entered on the commercial black list,nnd would materiiilly lessen tlieír general standing o society. - All debts would then become debts of honor nnd conscience, and the obligntion to pny them proinptIy would be more sensibly feit. The influence of the principie of honor can be made to reach all classes in society. Seo an exnmple in overy dny's practico. If you wish to send $10 or $12 to a friend at n distnnce, it ia perfeclly safe to send it without nny recwipt by men whom it would kot be safe to trust for half the amount. Indeed, you can scarcely find n sober man in the community who will not pny over the money as requested. Why is this ? Because public opinión affixesa stigma of deep disgrace to every one wlio violntes a trust of this kind confided to him, while it is kot now a disgrace for a man to fail in paying his debts at the time agreed pon. 18. It would diminish many of the occasions, facilities and temptations to crime. A considerable portion of criminal cases, especially in referenee to forgery, perjury swindling. slnnder, &c, ariso directly from the collection laws, nnd from contracts under them. 19. The present system of legal collections oaght to be nbolishedr-"tecause l is found so very ineficient nnd unsuccessful in accomplishing the objects it seeks. Of the amounts entered by confession, voluntnrily, by the debtor, by far the greater por tion would be paid, in time, without nny Iegnl process whatever. For those, who intend to pay, and are honest men, Iegnl compulsory process is unneccssary. As for the other portion of debtors - those who are dishonpst, nnd iredetermined to contest at every step the nlninis agninst lliem - of how much value is the luw in matting collections from them? Very little. A smnll part only is finally collected ; nnd the labor, trtrublfl, and costs to the plaintiff ent up more than half of what is finally renlized. And it inay be Inid down ns a general rule, verified by wide experience in our Siate, that if the man is honest, he will his debts without compulsión by the law ; and if he be dishonest. he will evade those provisions of law whicli are used to make him pny