A XX//- AN ESSAY ON ABOLISHING SECURITIES, MAKING ALL DEBTS, DEBTS OF HONOR, IN THE STATE OF MISSISSIPPI “'HE that will not SEASON IS A BIBOT; HE THAT CANNOT IS A FOOLJ 'I'o THE INDUSTRIOUS PRODUCERS, Men AND WoMEN of Ihc Stale of Mis¬ sissippi, who “earn their bread by the sweat of their brow,” i. e. to those who give a valuable consideration in mental, moral, or physical labor of a useful character, for all they get or enjoy, as individuals or members of society, and who do not live and fatten on the errors and abuses in our government, laws, morals, religion and misfortunes of their fellow creatures, the following lines are respectfully direcleii, by one who wishes them long life, health and hap¬ piness. The subject of changing our laws in relation to sureties, find repealing all laws for the collection of debts, contracted after such repeal takes ufl’ect, or, in other words, so changing our laws as to make all debts, debts o( honor, having attracted the attention of the thinking portion of the people of this and other states, has induced me to embody such information as I have been able hastily to collect on these subjects, and present it to the consideration of niy fel¬ low men. believing, that it only requires investigation to prove their merit and superior utility over our old doctrines. And first I will present the doctrine ■of abolishing securities, as embodied in a bill presented at the last session of our legislature. A BILL, To be entitled, an Act to abolish Securities in ibis State and for other purpo- Section 1. Bo it enacted by the Legislature of the State of Mississippi, That no person who shall hereafter endorse or sign as security, any bill, bond, promissory note, or other instrument of writing, whether the name he on the back or face of such instrument of writing, either as security, or ap¬ parently as principal, though in reality only security lor the payment of money, or performance of any conditions, or stipulations, in such writing named, between individuals or parties, or agents of parties, capable by nature and lawcf contracting for themselves, shall be held or bound thereby for: the payment of the,same in any suit, or action, for the iscovery thereof, in any manner whatever, Sec. 2. Be ii furllie^enacled, ,]Riai no person shali hereafter be bound in acT coinmerciai’ o't'budfn^S trsTOabtion, but the person or persons, who actu- ailj,and lonajidew ieceait consideration for which the obligation was given; but the party selling or transferring any property, or thing of value, shall have and possess a special mortgage lien upon the same until the eonsido- raiion money is paid, and the properly or thing so sold, may at any time after the consideration money thereof becomes due, and remains unpaid, be reclaim¬ ed by the party who sold the same, tvherever found; Frovided, if the pro- f-erty sold be land, the deed setting forth tlie terms, consideration and time of payment, shall be recorded in the county in which the land is situated;and if slaves, the bill of sale, setting forth the consideration and time of payment, shall be recorded in the county in which the purchaser lives; and no person purchasing slaves, after the passage of this act, shall be permitted to sell or re.move the same, from his usual place of abode, unless the said slave or slaves are paid for, or written consent to do so is received from the party to whom the consideration money is due; and should any such purchaser of a slave, sell or remove the same, to avoid paying therefor, or to prevent the person towliom iho purchase money is due reclaiming said slave, such person so selling or rc- moviog such slave, shall be deemed guilty of felony, and shall be liable to be proceeded against and punished in the same manner, and to the same e.xteut, as now provided by law for negro stealing. Sec- 3- Be it further enacted, That no public ofiicer, elected agreeable to the provisions of the constitution and laws of the State, at or after the ne.xt re¬ gular bienniel election in 1847, shall he required to'give security on his bond, •or the faithful performance of the duties of his otiice, as now required by law, but in lieu thereof, every such officer shall bo liable to he proceeded against, both civilly and criminaliy, for any malfeasance, misfeasance, or nonfeasance, in such oSice, and should any such officer receive money by virtue of his office and fail, or refuse to pay over the same to the person, or his agent, enlitlcil thereto, upon de.mand being made, the said officer shall be liable, upon motion before any court of record in this Stale, for the payment ofany sumof money so improperly withheld, together with fifty per cent, damages thereon, to the narty entitled to receive the same: Protided, that such officer shall have five days notice, in writing, of the time aud place of making said motion, and such officer shall be liable to be proceeded against by indictment .‘or any default, or damage in money, which may be susmiiied in consequencerof any failure to pay the decree of said court, and such defaulting officer shall be held and cVemed as guiily of both perjury and felony, and it shall be sufficient for the ■r.d;ctnient to charge the fact consi'ituting such delinquency, and a copy of the record of the judgment, on the motion aforesaid, shall be prima facia evidence against the defendant of such delinquency with fraudulent intcnl, -vnd upon conviction thereof, he shall be sentenced to bard labor in the Peni- tentiarv for the term of five years for perjury, and at the rate of one day for each dollar he shall be in default as aforesaid, in addition to said five Sec. 4. Be it further enacted. That hereafter, v;hen any public officer, act¬ ing without having given secuntv agreeable to the provisions of the preced- lo-T rc-cfon ct this .act. shall tail to nav over any nicney collected by virtue of his office, and the same cannot be collected bv law out of his effects, under the deciec of the -court, the ramo shall be provided for, and paid out of the Trea- i :o soon as the amoaril is judicially 3 ascertained, and the return of the proper officer, sliowing l!ie amount of ihs original default that cannot be collected out of the ellL'cls of such defaulting officer, and the decree of ihe court, together with said return,simll have the force and effect of a tvarraiu on the proper Treastiry, fur the amount so dm; ,and unpaid Provided, that no' part of said fifty percent, damages shall be al¬ lowed out of said Treasury. Sr.c. 6. Be it further,?nncted. That for all other nmlfensances, misfeasan¬ ces, or nonfeasances in office, not provided for in this Act or the Criminal Laws of this State, such officers .shall be proceeded against and punished as for a misdemeatior, besides being liable to the party injured, in an action at law. Sec. 6. Be it further enacted, that after the next regular biennial election, in 1847, it shall not be lawful for the Probate Judges in this Stale to appoint administrators upon the estates of deceased perso.ns, or guardians for infanta and minorsunder twenty one years of age, as at present provided for by law, but in all cases hereafter arising, requiring administration on estates of decedents, or guardians for the estates of inlants, it shall be theduty of the Probate Judges, in their respective counties, to appoint as such administrators or guardians, the metnber.s of ibo Boards of Police, whose duty it shall be, to act as such, in all cases arising in their respective Police Beats, and such other cases in their res¬ pective counties, as shall be hereafter provided for by this act: Provided, should the parties intcre.sled as distributee, or distributees in any estate, prefer tiome member of the Board of Police for a dilferent Beat in the tespeclive coun¬ ty, to act as such administrator, it shall be the duty of the Judges of Probates to appoint such member a,s may be so selected, aJmiiii.sItaior on such estaic: imd III all case-s, the Judge of i’rob.iles .shall uppuiut such member of the Board of Police guardian, as may bo seloclod by the minor for whose beuetii the guardian may be appointed; Provided, said minor shall beat le.ast leu Sec. 7. Bo itfurtlier enacted, That hereafter, all members of Boards of Pu- lice, acting as adinini.strators or guardians, by virtue of this act, shall he gov • erned by the law.s now in force upon that subject, o.vcept that in all sales of the effects of deceased persons, the same shall be for cash, and the bira of negroes for ca.sh, ih advance, or in both cases, special mortgage shall be given on a sii- llicienl amount ot property, to secure the debt to said estate; and in all cases where money is loaned at interest, it shall be secured by special mortgage on property of full value to secure the e.slate from loss. Sec. 8. Be it further enacted. That any member of the county Police, acting as administrator or guardian, by virtue of this act, who shall become a defaul¬ ter to any estate or minor, or be guilty of any malconduct, he shall be pro¬ ceeded against, both civilly and criminally, in the same manner, and puni.vh- ed to to the same extent, as provided by this act for public officers; and his defalcation to any estate or minor, shall be provided for, anil paid out of the Treasury of the county of which such defaulter shall be an offi¬ cer, in the same manner as provided by this act, for defalcations of public officers. Sec. 9. Bejit further enacted. That hereafter no executor of the last will and testament of any person, who shall die alter this act takes effect in Nu- veniber, 1347, shall ho compelled to give .security us heretofore, on his bund for t he failhfiil discharge of his ilutie.s, hut may proceed to discharge all the duties and acts, required by said last will and testament,tis now requiK’d by law; and ;a tha erent of any malpractice or defalcation, on tlie part of saij executor, ae shall be proceeded against and punished, both in his person and estate, in the Same manner, and to the same extent as provided by this act for defaulting and corrupt public oScers, except that their defalcations shall not be provid¬ ed for by, or paid out of, the county treasuries. Sec. 10. Be it further enacted. That it shall be lawful for the respective Judges of Probate, to require executors, administrators and guardians, to make full settlements of all estates in their hands,'as often as he may think proper, and in all cases, shall require then: to make a full settlement of all such estates, on. or before the first Monday in October, before each biennial •election for Stale and county ofiicers; and should any such administrator ov guardian, fail, or refuse to make such final settlement, and properly account for such efiects as may be in his hands by virtue of the said office, belonging to any estate or minor, within thirty days after he is so notified by the Pro¬ bate Judge, it shall be the duty of such Judge to declare such defaulter’s office, as member of the Beard of Police, vacated, and notify the President of said Board of the fact, who shall thereupon order an election to fill the vacancy, or if the President of the Board of Police should be a defaulting member, then the Coroner of the county, shall order such election, to fill the vacancy. It shall be the further duty of the Probate Judge, and he is hereby authorized and empowered to that effect, to issue his warrant, and have such defaulter arrest¬ ed and bound over to appear at tha Circuit Court for trial, unless good and su¬ fficient cause is shown that such neglect was unavoidable, and not to injure or defraud sudi estate. ■ Sec. 11. Be it further enacted, That all laws heretofore passed, coming in conflict with the provisions of this act, be, and the same are hereby repeal¬ ed: Prortdaf, that nothing in this act shall interfere with the laws now in force, allowing public ofiicers, administrators, executors and guardians to give security until this act lakes effect: Ani Providedfuriher, that nothing in this act shall be construed so as to prevent those who are now bound as sureties, from renewing the same, or prevent those who are new in debt giv¬ ing security on forthcoming bonds; nor shall this act prevent criminals giv¬ ing bond as at present, to keep their bodies out of prison, except that iii all cases, except ia renewals of present liabilities as sureties, no man having a ■wife shall become security, or be bound as such, in any manner whatever, without the full and uncontrolled consent of his said wife, which fact must be roaclusively established, to hold such husband bound as surely, in any manner whatever, and judgment shall not be given against such husband by his own consent, where the previous consent of his wife has not been obtained and proven as afore.s:iid. Sec. 12. Be it further enacted, That the two first sections of this act and and section eleven, shall take effect and be in force from qnd after their passage; that sections three, four, five, six, seven, sight, nine and ten, shall take effect and be in force, from and after the first Monday in November, 1847. ■■ ■ ’ The first proposition contained in this bill is that of individual responsibili- *}', i. e. that each individual shall be responsible in his own person, property, and estate, for his own individual acts, conduct and contracts, and that no one shall, by mere operation of fate be bound to pay a debt for which he never re 5 ,I have heard urged against this doctrine that it would prevent young men from gelling a 'start in busines, I inow it would prevent many young meti and others from getting'a fair start on the road to ruin, of themselves and those who endorsed their paper. The only kind of men who ought ever to get credit are those who are hon¬ est and industrious, and they should only get such an amount of credit as they are capable of managing prudently. This amount such men Can always get without security. The experience of every honest man who has been engaged in much busi¬ ness, will show that they owe most of their reverses in business and pecuni¬ ary misfortunes of various kinds to the fact that they had too much credit and were thereby tempted to extend their operations beyond a healthy point. There would be no check to this evil more efieciual than refusing an applicant more credit than he could obtain on his own responsibility, iMl men err in a ratio precisely proportioned to the amount of temptation pre.'ented to them, and the capacity of each one by organization, temperament, education and surrounding circumstances, to resist such temptations. If by the laws of the country men are temptod to make extravagant calculations, by which they ruin themselves and friends, would it not be wisdom to change the laws and remove the temptation? The second proposition contained in this Bill, is based upon the principle that man is a social being, and must live in a stale of society, and that socie¬ ties as at present organized ihroughoul the civilized world, have certain du¬ ties to perform, which they must do through the instrumentality of agents; such agents in this country are called officers—as Judges, Sheriffs, Clerks, dtc. &c,—and in this State are elected by the people, or appointed by officers sleeted by the people, such hs Administrators and Guardians, and those are required by our present laws to give security, by which means one or two members of a political association become bound for the conduct of the agent of the whole population, who was their choice. Under this system, both thu agent and his security ftii, and by that means inflict serious injury on one or a few members of the society. Adminisiralors, guardians and securities often fail and thereby bring poverty and ruin on the helpless widow and fatherless children. The question then arises, has society discharged its duty to those members of the association; or can it be done under our present system, when we know it has so often signally failed? By our present system we assume as one of the duties of society to see that none of its members shall obtain the property of another without compensation, and have established agents and systems by which offenders are professedly compelled to make restitution; but we have seen too many instances of failures under the present system, to make our agents pay over money when collected, to longer have confidence in that system. At present, if the Sheriff of a county collect money of A and fail to pay it over to B, who is entitled to it, and his securities also fail, B has been wronged by the society of which such sheriff is the agent, and upon every principle ofmoral reciitude, such society should make good, each in proportion to his ability, the loss to B. Another especial duty which socie¬ ty at present professes to perform, is to take care of the property, and to some o,vtent, the persons of widows, fatherless and orphan children, through the medium of agents, as Probate Judges, Administrators, Guardians, &c.— But we all know that this system has failed in numerous instances to effect ihe object contemplated, and must continue to fail until radical changes are niiide in the system. When administrators or guardians, and their securities, fait to perform the dunes required of them, and waste the property placed in their charge, by which widows and helpless children are reduced to poverty and often to afasolme suffering, has the society of which they are members, faitli- fnlly discharged their duties to such persons? certainly not. The qttestioit then arises, is it possible for society to remedy these evils? Nothing easier. This Bill provides the proper and only proper remedy for these evils, by binding the members of each particular political association in proportion to their nieans for the faithful conduct of all agents necessary to perform all the duties properly devolving on such association. I have heard the objection ■ made to this doctrine, that it binds men for the conduct of agents whose elec¬ tion they opposed, &c. This objection is easily answered. When men enter into a slate ofsociety they each agree to abide, to a certain extent, by the will ' of the majority, in all things pertaining to the general welfare of the associa¬ tion, and each to give up his individual preference, when a majority are of a different opinion; without this there would be no cohesive principle by which society could be held together. Society must be a unit to a certain ex¬ tent, in order to act efficiently, and this unity is the result of the minority ac¬ quiescing whenever the will of the majority is fairly exnressed. There being stjll, under our existing systems, certain cases where, for the want of knowledge at present bow to correct the evils, it will be necessary that security should still be given, this Bill provides that in all such cases no man having a wife, shall become security without her consent. It is hardly necessayy to claim for wives, as an abstract proposition, civil and social right.s. True, they have by the unjust assumption of men, and mere conventional rales, been deprived of political rights—but w.e have seen almost every State Legislature in the Union, yielding to the advance of public opinion on this subject, and constantly conceding a few of the civil and social privilege.s to females, of which they have been so long unjustly deprived, although lliero are, unfortunately, not wanting those who treat any proposition of this sort with sneers and jests, trying to destroy by ridicule, propositions they can¬ not refute by reason and argument. This has been the fate of every new reform; and the friends of truth and justice, every where, must ex¬ pect it will meet such a reception from the ignorant and interested of every class. Such deserve pity: for error cannot bo advantageous to any one, under any circumstances. ‘=To see one half the human race excluded by the other half from all parti¬ cipation in government-is a political phenomenon that according to abstract principles, iHs impossible to explain. Who made man the e.xclusive judge, if woman partake with him the gift of reason.” What has been the effect of this system ou the social and moral condition of the people of this State and nation in the last ten years? pecuniary ruin to many of the very best of our citizens, who never were in debt on their own account one dollar—and to females, who had honestly united with their hus¬ bands to accumulate, by patient industry, the means to educate their chil¬ dren, and provide for the wants of old age.- -Now, by the mere opera¬ tion of our security Joins, and the kind act of the husband, all is swept away, ■without the consent, or even knowledge of the unsuspecting wife, wha thus, with her helpless and uneducated children, are left destitute.and become the victims of this legal inquisition. Had it been necessary to obtain the wife’s consent, think you this wide spread ruin would have been felt throughout the 7 )and? No, tens of thousands of the best of wives and mothers would, had this been the law, thus have been saved, and saved their husbands and children from the keenest and most excrutiating suffering, and often from moral degra¬ dation: for there are few persons who have the intelligence and moral cour¬ age to face such embarrassments in a proper manner and save their morals. Is government so great a curse that the innocent shall constantly be made by laio, to suffer fur the guilty? Or can we in this enlightened age. devise no remedy? Is the present condition ofmanj living in strife, discord and misery of almost every kind, his highest destiny on earth? Certainly not. Our fath¬ ers removed many of the evils with which our race was afflicted, and we can remove rAany more ; and it is not only our privilege but our special duty to do What says the divine canon on this subject? ?ee Prov. xi. i5—He that is surety fora stranger shall smart for it; and he that hateth suretyship is sure, lb. xvii. 18—man void of understanding striketh hands and becomelh surety in the presence of his iriend. Ib. xxii. 26, 27, 28—Be not thou one of them tlmt strike hands, or them that are sureties for debts. It' thou hast nothing to' pay w)iy should he take away thy bed from under thee?—Remove not the an¬ cient land marks which thy fathers have set. Have we not “smarlei" enough from the effects of this system? Have we not given evidence enough of insanity, and proof positive, that we are “void of understanding,” by onr course oh this subject? Have we not long enough vio¬ lated the command, “ Be not thou one of them that strike hands, or of those that are surety for debts? Have we not by our laws and conduct removed this “ancient land mark which our fathers have set?” And shall we not now re¬ place it? Have we not long enough reaped the bitter fruits of our disobedi¬ ence? and shall we riot how guard against a repetition, by making restitution of lliis ancientland mark, while the effects of its removal is freshin our minds,- and the tortures of its consequerices still felt? Our fathers and grandfathers ryere afflicted and ruined by this system ; but we have suffered more than our fathers, and they than theirs ; and unless we remedy the evil, our children will suffer from its effects more than -tvri have (lone. Such is Ihe nature oferror—its evil consequences it increases with ago, until man is driven by necessity to remedy, that which he might by the e.xerciso of a little reason, have prevented. There are, in all civilized countries, large classes of men who liveupori the' follies and misfortunes of others, by mereoperaticin of law, who, under a cor¬ rect system of laws, morals and goverment, would be as useful ciiiz'ens as any others. 1 do not blame such for thus accumulating the means to live on: it is necessity. All 1 could blame such lor, would be, that they will not unite with the useful and productive classes to remove errors that creale the necessity for llin existence of siich classes,'and even the portion of them that pursue this course, I have goqd reason to.believe is much smaller than many sup¬ pose. I have conversed with a great many lawyers, public officers and politi¬ cians on the subject of these very doctrines, and found a large majority of them agreeing with me. I regret to say however, I have found too many of them that hesitated to speak out on the subject, for fear the doctrine would not become popular. . I have also conversed with a great many agriculturists, me¬ chanics, and laborers on these subjects, and have found them almost universal¬ ly in favor of these doctrines. They have no special interest ihat IfJtb can interfere wilh. s A Bill similar to this, as far as public officers are concerned, was xeporl cd by the Judiciary Committee, in the Sennte of Louisiana, at the last session of the Legislature, which remains among the unfinished business. Here is the first section, the remainder of the Bill specifies the manner in which defalca¬ tions should be collected. AN ACT more effectually to secure the people against the defalcation and malfesanca of elective officers. Sec. 1. Be it enacted by the Senate and House of Representatives of ibo Stale of Louisiana in General Assembly convened, That from and after the passage of this act, ip all cases when an officer is elected by the people the whole of the people by whom he is elected shall be responsible, in solido, for all damage which may be sustained by any person, by reason of any improper conduct of suuh ofificer.. We will now consider the propriety of repealing all laws for the collection of debts. I find an article on this subject in a paper published at Pittsburg, “The Ad¬ vocate,” which is well worth a perusal—here it is. The Second Great .Pleasure. .ALL DEBTS TO' BE DEBTS OF HONOR. W'e hold that the restoration to man of his long lost right to his righteous inheritance on the earth which God made for the habitation of all his crea¬ tures, is the foundation, the pedestal on which must be built the future progress of the race. The first great principle of the nev/ system—the beginning of the new Heaven and new Earth—is the securing to man his right to live.— To lay off in farms and lots, of different size, the Public Lands for the free and exclusive use of actual settlers, and to establish a limit in each slate to the ac¬ quisition of land by men and companies,.while the homesteads and properties of the settlers and occupants were liable lo be encumbered with debt, or be covered with judgments and mortgages by the improvidenee of the people, or the canning and knavery of rapacious usurers, -.yho would claim what the la¬ bor of others produced from the soil, or sell it for their own benefit, would noi be of any great advantage- To secure the eternal permanency of an equal Landed Democracy, the public domain must net only be so disposed and tho state limit established, but this natural inheritance of every one must be made inalienable, must remain forever free from encumbrance in. the full possession of the occupant. To be so, the land must not only he Iree, but iniprovement.s upon the land al.so, for what value would the land be to a man, or how could he live upon it, if the improvements were in the p-'ssession of another? It is necessary also, that the utensils and articles of husbandry, ploughs, horses, icc, which when placed on the soil can be manufactured by the occupants or procured by an exchange of labor, lor the cultivation of the land, should not be liable to be sold f.ir debt, or forced from the possession of the cultivator: for if he is deprived of the means of cuhivating the soil, he is deprived of his power to use it and produce from it, and consequently of his right to life: and the crops produced from it by his industry must necessarily be free from all claims or debt, and at hisown untrammelled will and disposalj for if the pro¬ duce is forced from him, he is deprived not only of that which his hands have produced, to which he has an irrefragible claim against the universe, hut of the utensils, improvements, and land, and consequently his right to life itself; take away the means whereby he lives, and you take away his right to life itself. He maj'centinus ^ live, but only by permission, not by right. He may ber i) !or leave lo loll foroihers I'or wliaiwill sustain him, am! they may condescend lu employ liim; llioii lie lives by llio siili'erance ol’ iboso wlio employ liim. ilence losccuie the occnpanl his riolit lo lil’o—his right lo Uiiul—his right !o the produce which his labor may create, the possession of the improve¬ ments on the land, the utensils. &c., must he secured lo him against forcible all- .■nation • or—yl« hm-sfor Ihc COLLECTION OF DEBTS must bt abutiskal. ■in,I\Lh DEBTS BECOME DEBTS OF HONOE. We allege further in support of this proposition the following considerations, which aro'iicarly all self-evidently Iruo, and upon which we will make a few roniarks; ]st. 'i'hat all debts would be bolter jaid. 2d. That credit would then be given lo honesty and character, instead of wealth, ns now. ;!d. That debts can hardly be collected bylaw even now, and the cost.s ol collection by law often equal and someiimos cnceed the debts collected. 4lh. That claims of the generous, forbearing creditor are often made wilh- oiit value by iho usurping avaricious Shylock oa.l'orcing the collcclion by law, and swallowing up nil the debtors properly. bth. It is a monstrous wrong ami iiijuslicc that a whole cormorant herd ot Jaw ollicors should he supported on the moans of debtors. Gth. That the .sale or aliemuion of land ngniiist the cultivator’s will i.s a 10 rjain, endorses for ihe ril'h, Klih llie expeclalioii llicy r.iil endorsi for iiux He gels bis nole endorsed and discounted—enters into business on a great scale; having but small proSts, such au extensive dealer is enabled tn un- dersell and push out of business the honest tradesman with small capital whose property is not good foriuch large credits. Thus the honest man—the uran of good character, with limited means, is crushed, while ihe rich rogue is be¬ friended and acc-oramodated to the amount he may have accumulated by vil¬ lainy. The poor man can only operate with what his hard labor may have earned—Ihe rich man with double or treble the capital, which his unscrupu¬ lous villainy inav have accumulated. But if the laws for the collection ofdebis were abolished, this state of things would be reversed. The rich then would not get cj-edit because their proper¬ ty could not be made good for it by the law: but men, in whose character for punctuality, integrity and honesty, men had confidence. The rich man would not be esteemed because he was rich, nor the poor man despi.sed because he was poor, but the man of moral worth and character would receive the natural re¬ wards of probity and honor, and the dishonest be regarded with the suspicion due to his character—credit being given to character instead of wealth. Thore- Cnd. Debts would be better paid. The disho.uest man would not be credited. He who had once failed to ful¬ fil his obligations would not again be credited. Those who met their obliga¬ tions with punctuality would rise in ihe esteem and receive the approbation of the community as men of honor, while the faithless would be charaelerised a.v men without honor. We find the arcument of this propo.sition well staled in the following Eepon of a Select Commitiee of theLegislatnro of the Stale of .Miss.sissippi- EEPOET Of the Select Commiltec on the subject of Eepcaling all Laws for the Col¬ lection of debt.s. The Select Committee to whom was referred the petition of sundry citizen:; of Harrison county, praying the abolition of our Legal Credit system, have had ihe same under consideration, and arrived at ihe follov/ing. conc'u- That the interference of government with contracts of individuals is enlire- IV wroDt', and not only unproductive of good, but a source of much evil and so- oial discord^causing great unnecessary expense to the State and a large num¬ ber of its citizens, in nowise interested—creating a necessity for swarms of ofli- cers,Bgen!-s, and attorneys, who perform no service which would be of utiliiy to manhind, under a wholesome system of laws and government; who indeed live, and often are enriched by the strife and discord engendered by our erro¬ neous system of laws—roost of which evils would end with the abrogation of those law?—substituting an artificial legal obligation for that high and noblo moral principle of justice implanted in the organization of every human being by the gre.at author of his existence. Your Committee are of the opinion that this interference of government with the contracts of cilizens, was first introduced for selfish, sinister and unfair purposes, when the few ruled the great mass of mankind, and that it has well aaswered the ends of its creation. If man is so constituted and organized as Ic r-ciicss a sense of justice and benevolence—a natural disposition to do unto 11 others as he would they chouhl, under similar circiimaiancos, ilo unto him—it must he very evident that the conduct reauhin^r (Vom such natural 0 rgani 7.11 lion, would be more correct, and the obligation felt more binding and certain, than any artificial and unnatural obligation—the ineru invention of man. To .suppose otlierwise would be to impiously assume that the creature, man, is su¬ perior to his creator, God. If, however, we arrive at the conclusion that man does not possess this constitution and organization, we are placed in a worse dilemma, by assuming that without it he can enact laws for his government, right.just or benevolent. Voiir committee, in elucidation of this view of the subject, would state such facts in relation to it, as are familiar to most men. Tirsi—that the only kind of obligations in this country which can be called Etrictly moral, are those incurred by gambling. Gambling debts are not re¬ cognized as legal, by otir laws, hence ihore is no legal obligation to pay them; nor is there any obligation on mankind to pay such debts, save that dictated or impo.sed by the moral principle in his nature already referred to. Now what tire the facts in rehuion to the fulfilment of such obligations'! In comparison with the fulfilment of those engagomenls recognized by the laws of the coun¬ try, the advantage is notoriously on the side of gambling obligations, which proves to demonstration, the correctiie.ss of our position. It will be of no avai to argue that gamblers pay their debts promptly, as a matter of policy, bo cau.se there being no laiv to make them pay, they would lose all credit and euiilideiice among their friends were they to fail to pay, &c.; for if this is the Isct, it only lends tostrongtlien otirargument. Let iis llieii make it (he policy of all men to be honest and punclual in their cut agemenls—let the penalty for failure to perform which, be loss of credit and conficlenco among ihoir friends, by those who viohilc ihcir coniracl.s—a.s in gambling Iransaclions- anil a.sa matter of course, the same rc5iill,s mnslbe produced. Second/ij,\n many of the early sclllcmems of oiir frontier connlrv, year:-; eliipicd heliire the introduclion of law. lawyers, and ollicers of the law; and, .so fur a.s your commilleo have been able to learn, from persons of ob.scrva- tioii, information and e.vpoi ienee, acquaintod with the bnsincs.s transactions ol' lho.se settlements in ihoir infancy, there was then groaier piincluaiity oh.serv- ed by men, in all their dealings—more social harmony and concord, and Ic.s.s avarice and cupidity—than after the introduction oi' law, lawyers, ilcc., to coerce a compliance with contracts. In the third place, wo would instance tho social condition of the Qnaker.s- numerous, inlelligeni, prosperous, enterprising and highly respeciablo r.las.s of onr population; who tuivo always refused 10 resort lo law for the solilc- mcin of their transactions with one another. .As a consequence of this alisli- nencefrom litigation, there is no such thing as e.xtiemo want or poverty among ihern. ylll their children are educated, and iho saluiary principles of man's •social organization more fully developed and practised upon, ihan by any other class of our population. What the Quakers have ellectcd, can he accom¬ plished by others, if ihey will, but act upon llio same principles. If man i-i a moral and social being, a high moral, and social dcsliiiy awail.s him,' and mnsl dcvelopt; the great ends of his c.vistenco—/ien//i'i and conlcnl- inciU. ll man, untrammelled by the artificial errors in law.s, government ami .society, does not posses.s principle prompting him lo do right, (which i.s not admitled,) then lotus make it his policij lo do righ.l. There is an old ad- pge, that'‘honesly is the host policy,■’and some ivil has rtmarlmd, ihal if 13 Tlio inei'oasc of productive Indiislry—the saving to tlio nation of two lum- .Ireil millions of dollars mintially—the misery, strife, discord, poverty, tmd Iimtiaii siiflcrino in every way, which wmtild bo avoided—the good, peace, prosperity and Imppincss which would result from this change, are all con¬ siderations which have induced your conimiltoe to direct mo to report the hill herewith submitted, and i-ecommend its passage. All which is rosnectfully submitted. J. J. WcCAUGIIAN, Chairman. Wo will also insert an article from the New York Mirror on this sidijcci, and remark that it was a singular coincidence that both these articles should a|ipearin New York and Pittsburg on the 4th of July last, the great pulilieal idnhhath of Freedom to the world. AIIOLISIIMENT OF LAWS FOR TIIF COLLECTION OF DEBT.S. We lliid in the London Times the report of a committee of the logislalnro of Mississippi, to whom was roferrail a polilioti from the citizens of llairi- soii comity. In that State, praying for the abolition of all laws for the forci- h!e adjuslment of private contracts. The report is not very well written, hot it contains a great many sensible thoughts, and concludes by iccummemling :he pas.sago of a hill complying with the rcnpie.sl of the petitioners. , Whether or no, any thing further was done with the matter by the legislalore we lio not know; we have .'een no allusion to the siihjjcl in any of our papers; but the movempnt is a higlily imporlant one, and the fact that such a bill was rc jioiicd in the legislature of any Slate in the Union is an iiulication of a more u idely e.xtendod feeling upon the siibject of compulsory payments than wo htul supposed to e.xist. Wo wore aware that liiero was a small body of re I'ormors in this city who advocated the abolishment of debtor and creditor laws; that one or two petitions on the subject had been jircsetiteil to oni' own h'gis laiiirc, and that Alderman Cluimbcrlain, a merchant of high standing, avow i d ill the Common Council of this city, a lew ycar.s since, lhat he was in favor of abolishing ail laws for the collection of ileht; hot wc were not prepared to llnd that so radical a reform had already Iravelled into iho henigliled regions ut’ Mississippi. Tlic report is too long to co|>y now, but we shall try to mako room tor it hercafLer; it is well worth I'eadmg, ami we would reconmienil ii to the notice ofthc members ofoiir Conslilnlioniil Convention. It o.slimairs iho annual costs of allompling to collect debts by law in this cuiiiUrv at two hun¬ dred millimis of dollars, patting no cslimalo on “llie vicp_ corniplinn. |ierjurie.s, strife, (li.scord, and crime, embittered I'eermg.s, destruction of iViend.^hiii. and .social lbeling.s hetwccii man and man, and of amity and love among ramilies; poveiiv and litter ruin of both iilaiiuiirand defendant,'’&c. &c. From oiir own e.yperisnco and observation, we think lhat the cslimalo is rather midcr than over the mark. The report alludes lo the praclicu among (liiukcrs and gambloi's of considering till duhl.s ilehls of honor, and pcfliniMilly remarks iliai "traiisaclions of a vii luous ami iisofnl chai aelcr shonkl at le:l^l he phired on as favorable a fontiiig as the gambling tiiin.siietion.s of the coiintrv." "'c have hctir'l one of Ihc oldest and ino.st iiilclligcnl, and most |iro.s|iri nm.; pneichants in tliis city, say that ho had never sued a man since I'C h'ol bein'. 14 in iu3iaes3,and we have no question that those who have pursued aq opposite course would testify that their costs greatly overbalanced ilieir gains by re- soriin^ to law. The report alluded to, concludes in these words: .‘•The increase of productive industry—the saving to the nation of200,000,000 annually—the misery, strife, discord, poverty, and human sufiering in every¬ way which would be avoided; the good, peace, prosperity, and happiness which would result from this change, are considerations which h-ave indnccil your nommiitee to direct me to report the bill herewith submitted, and re¬ commend its passage. J. J. HcCAU.GHAN, Chairman.” The writer of the money article iq the Tjmes makes liimself merry over this report. The subject had probably never been presented to his mmd be¬ fore, and therefore it must have seemed strange to him, and we do not wonder that he ihonghl it the burljfque of an American Pnnch. But wo would bi-t a trifle that he does not now think the proposition of the Mississippi reform ers so absurd as he did at first! If there yvere hut one man in the world who had conceived a new truth, it -would be sure to spread; be could not keep it pent up ip his bosom, he w-ould whisper it to another, and so it would spread like feathered seeds yyhich float over the world and germinate where the-/ find soil to rest upon. It is only seventy years since Adam Smith published in.-; immortal work,-and the British House of Lords have already acknowledged the truth of his theories; the phiianthopist Clarkson is yet alive,and slavery lia-; been abolished in the dominions of Great Britain; it is but little more llmi; half a century since Phillippe Egalite was beheaded, and his son has been many years the Constitutional King of the French; and if the money-article writer of the Times is not an old man we have no doubuhat he will live to see a bill introduced into parliament similar to the one-K-hich he sneers at in Mis¬ sissippi. Great principle.s sometimes germinate in the minds of the peopb-; Song before they are proclaimed in legislatures or newspapers,and wo belieie that the radical reform proposed m the .Mississippi legislature has been e\ ■ensively canvassed in private circles, and that a very considerable part of ll'e people are amvious that it should be adopted in our own Stale. The Tribuiii iarian phijosophers declared themselves opposed to tl-.is great men..snre a while ago. b-at it must h-e expected that those who favor such a relic of artilicial b i,-- barism as the la-w of usury, wo-old oppo.se any healthy measure fur promuiiiu; good will and prosperity among mankin-d. MTe quote the fnllo-winn article from the Free Trader: “The Legislature of Mains passed a law at its recent session to admit nny person nf good moral character to the practice of law in that State. It p;i-. Kd the Senate wiih only one opposing vote. A similar law was passed by tbs Legislainre of New llamnsbire, at its late session. The Legislatures oi the different Stales we hope will adopt the ro-tommen- dation of J. J. .McCaughanjUnd abolish all laws for the collection of deb:, and then the .americon people, will live more harmonionsly together. The iraa learned, astute, vigorous writer, James Hagan, quoted inis aniele in the Sentinel, and added in his laconic manner: “This would prove one o; the greatest reforms that the civilized world ever witnessed.” 15 ■Many other articles .hiight he quoted, similar to the above, to show the reeling elicited in behalf of these doctrines, b'uta ciirefui investigation of them IS Heomed quite sufficient to induce voters every where at the next election, to test the popular will on those subjects, If you think them good, try them, if not, reject them. But test them by reason, by argument, by experience, not by jost, ridicule, and low vulgarisms, unworthy a man, much less a freeman, who acts a part in the affairs of the only free representative government on earth. Wore these laws devised to enable creditors to collect their debt.?, or were they for ibo purpose of stimulating revengeful feelings among men? If for the firstthey have failed to answer the end conlcuiplaied, and ibr that reason should be abolished. 1 have made diligent enquiry on this .subject, and feel assured, that as a class, credilor.s, have been iiijuied greatly by this .system; not having collected enough by law to pay llio expenses incurred. If, how¬ ever it was the design of those who first invented this system, to furnish moans of envy, discord and strife, among mankind, they have well succeeded, ills almost notorious, that, neighbors who are well known to each other, rarely ever sue one another, unless to gratify some unkind feeling, and thus seek revenge. Or was this system devised as a means to support a large class of men, and enable them to make fortunes, and revel in splendid luxury with¬ out useful labor? If this was the object, it has been eminently successful. I’rivilege, it is said, always dies hard, audit is generally believed, that those who live by those abu.ses, will not ro.adily yield to a radical change in this sj'slem. In this, I iliink public opinion is much at fault. fOxpei ieiiceis now teaching most men the folly of amassing wonlih with the expectation that,it will he of service lo their children. On ihe contrary, all (iliserving men perceive it will in all probability be the greatest curse they could inflict on them. Our lawyers sec it is not their children hut the children of the poor and laboring classes that are to succeed them in the profits and imaginary honors that result from their professions. Kolation in ofiice, the great conservative principle in our free government i.s'hcginniiig lo lie properly appreciated, and public oliicers lliereby perceive llial wlialever is best for the whole community is pre-eminenlly the best for liicm and their cliildroii. 'J'lio means of valuing labor is heller understood than formerly. No man should, by mere operation of law, he enabled lo make more of Ihe necessaries and comforts of life, than he could make by Ihe same amount of lalior cultiva¬ ting llio soil. The glare and humbuggery of Monarchy and Aristocracy were removed in 177fi. The glitlering luiinbuggcry of ihc learned professions has become greatly defaced, and ought to be removed in 1816. If one man i.s more talented and intelligent than another,nature and clrcuiii- .-.lancos have treated such men more kindly than others, and as social beings, such persons thus favored, owe more lo society than their less fortunate fellow creatures. But society does not thereby become indebted to them in a given sum of dollars, in proportion to their superior attainments. Professional men will tell you how much lime, labor and money they liavc ■spent lo obtain their professions. Do you tell them how much you liavo spent lo learn yours, wlielher it is that of agriculture or some of the useful mechanic arts, and unless they can beat you counting, your bill will be much the larg¬ est. Then add up the lime your pursuit itcuiiires you to labor, and the leisure Ib‘ von have for reading, ronoction,'cr amusemcnl, and compare wiih llioirs am; see how stands the balance! Thus will you be enabled to expu;;e the shiilluv.' hurubaggery by which you are filched in the way of fees. In this country, where the producing classes have the right (from their luiin- bers) to fill all the offices of the country, legi.slalive halls. &c., with wlmni they please, they have it in their power to correct nil the abuses of gn.'vcru mcm in one single year. They have the right to inipcse a ta.\, on the rc/i-sV vrnperW of the State, to raise a fund to educate all the children of the Siuio. Thev could order the abolition of a poll tax system, anti r: ‘ vTii/'-rriy alone, the only projicr subject of Taxation. It is noth,leg but rigli'. that those who have property protected by government shculd jiay a tax Ki support it; but there is neither reason nor juslice in requiring lucu to nav a in v for the privilege of exercising all their natural rights as no Thev could direct that every man in. tho State should have the privilege ni practising law, or prohibit all but such as 1 hey might deem necessarv; am' have these elected and paid a slated .salary, and require them to perform all tho service of this kind which might bs necessary for the .ftate or individual-: NOTE. Tito foregoing Dili to abolish securities, received above one.lhirj of the voles at the Iasi session of the Legisbiture. Tiie hill to repeal ail laws for the collc-etiun of debt, was Jtol reacliw! tii tin. order, and remains among the uniinishcii busi.ic