Part 15 (1/2)

OF TRADESMEN MAKING COMPOSITION WITH DEBTORS, OR WITH CREDITORS

There is an alternative in the subject of this chapter, which places the discourse in the two extremes of a tradesman's fortunes.

I. The _fortunate tradesman_, called upon by his poor unfortunate neighbour, who is his debtor, and is become insolvent, to have compa.s.sion on him, and to compound with him for part of his debt, and accept his offer in discharge of the whole.

II. The _unfortunate tradesman_ become insolvent and bankrupt himself, and applying himself to his creditor to accept of a composition, in discharge of his debt.

I must confess, a tradesman, let his circ.u.mstances be what they will, has the most reason to consider the disasters of the unfortunate, and be compa.s.sionate to them under their pressures and disasters, of any other men; because they know not--no, not the most prosperous of them--what may be their own fate in the world. There is a Scripture proverb, if I may call it so, very necessary to a tradesman in this case, 'Let him that thinketh he standeth, take heed lest he fall.'

N.B. It is not said, let him that standeth take heed, but him _that thinketh_ he standeth. Men in trade can but think they stand; and there are so many incidents in a tradesman's circ.u.mstances, that sometimes when he thinks himself most secure of standing, he is in most danger of falling.

If, then, the contingent nature of trade renders every man liable to disaster that is engaged in it, it seems strange that tradesmen should be outrageous and unmerciful to one another when they fall; and yet so it is, that no creditor is so furious upon an unhappy insolvent tradesman, as a brother-tradesman of his own cla.s.s, and who is at least liable to the same disaster, in the common event of his business.

Nay, I have lived to see--such is the uncertainty of human affairs, and especially in trade--the furious and outrageous creditor become bankrupt himself in a few years, or perhaps months after, and begging the same mercy of others, which he but just before denied to his not more unfortunate fellow-tradesman, and making the same exclamations at the cruelty and hard-heartedness of his creditors in refusing to comply with him, when, at the same time, his own heart must reproach him with his former conduct; how inexorable he was to all the entreaties and tears of his miserable neighbour and his distressed family, who begged his compa.s.sion with the lowest submission, who employed friends to solicit and entreat for them, laying forth their misery in the most lively expressions, and using all the arguments which the most moving distress could dictate, but in vain.

The tradesman is certainly wrong in this, as compa.s.sion to the miserable is a debt of charity due from all mankind to their fellow-creatures; and though the purse-proud tradesman may be able to say he is above the fear of being in the like circ.u.mstances, as some may be, yet, even then, he might reflect that perhaps there was a time when he was not so, and he ought to pay that debt of charity, in acknowledgement of the mercy that has set him above the danger.

And yet, speaking in the ordinary language of men who are subject to vicissitudes of fortune, where is the man that is sure he shall meet with no shock? And how have we seen men, who have to-day been immensely rich, be to-morrow, as it were, reduced to nothing! What examples were made in this city of such precipitations within the memory of some living, when the Exchequer shutting up ruined the great bankers of Lombard Street.[23] To what fell Sir Robert Viner--the great Alderman Backwell--the three brothers of the name of Forth, of whom King Charles II. made that severe pun, that '_Three-fourths_ of the city were broke?'

To what have we seen men of prodigious bulk in trade reduced--as Sir Thomas Cook, Sir Basil Firebra.s.s, Sheppard, Coggs, and innumerable bankers, money-scriveners, and merchants, who thought themselves as secure against the shocks of trade, as any men in the world could be?

Not to instance our late South Sea directors, and others, reduced by the terrible fate of bubbles, whose names I omit because they yet live, though sinking still under the oppression of their fortunes, and whose weight I would be far from endeavouring to make heavier.

Why, then, should any tradesman, presuming on his own security, and of his being out of the reach of disaster, harden his heart against the miseries and distresses of a fellow-tradesman, who sinks, as it were, by his side, and refuse to accept his offer of composition; at least, if he cannot object against the integrity of his representations, and cannot charge him with fraud and deceit, breaking with a wicked design to cheat and delude his creditors, and to get money by a pretended breach? I say, why should any tradesman harden his heart in such a case, and not, with a generous pity, comply with a reasonable and fair proposal, while it is to be had?

I do acknowledge, if there is an evident fraud, if he can detect the bankrupt in any wicked design, if he can prove he has effects sufficient to pay his debts, and that he only breaks with a purpose to cheat his creditors, and he conceals a part of his estate, when he seems to offer a sincere surrender; if this be the case, and it can be made appear to be so--for in such a case, too, we ought to be very sure of the fact--then, indeed, no favour is due, and really none ought to be shown.

And, therefore, it was a very righteous clause which was inflicted on the fraudulent bankrupt, in a late act of Parliament, namely, that in case he concealed his effects, and that it appeared he had, though upon his oath, not given in a full account of his estate, but willingly and knowingly concealed it, or any part of it, with design to defraud his creditors, he should be put to death as a felon: the reason and justice of which clause was this, and it was given as the reason of it when the act was pa.s.sed in the House of Commons, namely, that the act was made for the relief of the debtor, as well as of the creditor, and to procure for him a deliverance on a surrender of his effects; but then it was made also for the relief of the creditor, too, that he might have as much of his debt secured to him as possible, and that he should not discharge the debtor with his estate in his pocket, suffering him to run away with his (the creditor's) money before his face.

Also it was objected, that the act, without a penalty, would be only an act to encourage perjury, and would deliver the hard-mouthed knave that could swear what he pleased, and ruin and reject the modest conscientious tradesman, that was willing and ready to give up the utmost farthing to his creditors. On this account the clause was accepted, and the act pa.s.sed, which otherwise had been thrown out.

Now, when the poor insolvent has thus surrendered his all, stript himself entirely upon oath, and that oath taken on the penalty of death if it be false, there seems to be a kind of justice due to the bankrupt.

He has satisfied the law, and ought to have his liberty given him _as a prey_, as the text calls it, Jer. x.x.xix. 18., that he may try the world once again, and see, if possible, to recover his disasters, and get his bread; and it is to be spoken in honour of the justice as well as humanity of that law for delivering bankrupts, that there are more tradesmen recover themselves in this age upon their second endeavours, and by setting up again after they have thus failed and been delivered, than ever were known to do so in ten times the number of years before.

To break, or turn bankrupt, before this, was like a man being taken by the Turks; he seldom recovered liberty to try his fortune again, but frequently languished under the tyranny of the commissioners of bankrupt, or in the Mint, or Friars, or rules of the Fleet, till he wasted the whole estate, and at length his life, and so his debts were all paid at once.

Nor was the case of the creditor much better--I mean as far as respected his debt, for it was very seldom that any considerable dividend was made; on the other hand, large contributions were called for before people knew whether it was likely any thing would be made of the debtor's effects or no, and oftentimes the creditor lost his whole debt, contribution-money and all; so that while the debtor was kept on the rack, as above, being held in suspense by the creditors, or by the commissioners, or both, he spent the creditor's effects, and subsisted at their expense, till, the estate being wasted, the loss fell heavy on every side, and generally most on those who were least able to bear it.

By the present state of things, this evil is indeed altered, and the ruin of the creditor's effects is better prevented; the bankrupt can no more skulk behind the door of the Mint and Rules, and prevent the commissioners' inspection; he must come forth, be examined, give in an account, and surrender himself and effects too, or fly his country, and be seen here no more; and if he does come in, he must give a full account upon oath, on the penalty of his neck.

When the effects are thus surrendered, the commissioners' proceedings are short and summary. The a.s.signees are obliged to make dividends, and not detain the estate in their own hands, as was the case in former days, till sometimes they became bankrupts themselves, so that the creditors are sure now what is put into the hands of the a.s.signees, shall in due time, and without the usual delay, be fairly divided. On the other hand, the poor debtor having honestly discharged his part, and no objection lying against the sincerity of the discovery, has a certificate granted him, which being allowed by the Lord Chancellor, he is a clear man, and may begin the world again, as I have said above.

The creditor, being thus satisfied that the debtor has been faithful, does not answer the end of the act of Parliament, if he declines to a.s.sent to the debtor's certificate; nor can any creditor decline it, but on principles which no man cares to own--namely, that of malice, and the highest resentment, which are things a Christian tradesman will not easily act upon.

But I come now to the other part of the case; and this is supposing a debtor fails, and the creditors do not think fit to take out a commission of bankrupt against him, as sometimes is the case, at least, where they see the offers of the debtor are any thing reasonable: my advice in such case is (and I speak it from long experience in such things), that they should always accept the first reasonable proposal of the debtor; and I am not in this talking on the foot of charity and mercy to the debtor, but of the real and undoubted interest of the creditor; nor could I urge it, by such arguments as I shall bring, upon any other foundation; for, if I speak in behalf of the debtor, I must argue commiseration to the miserable, compa.s.sion and pity of his family, and a reflection upon the sad changes which human life exposes us all to, and so persuade the creditor to have pity upon not him only, but upon all families in distress.

But, I say, I argue now upon a different foundation, and insist that it is the creditor's true interest, as I hinted before, that if he finds the debtor inclined to be honest, and he sees reason to believe he makes the best offer he can, he should accept the first offer, as being generally the best the debtor can make;[24] and, indeed, if the debtor be wise as well as honest, he will make it so, and generally it is found to be so. And there are, indeed, many reasons why the first offers of the debtor are generally the best, and why no commission of bankrupt ordinarily raises so much, notwithstanding all its severities, as the bankrupt offers before it is sued out--not reckoning the time and expense which, notwithstanding all the new methods, attend such things, and are inevitable. For example--