is entirely without utility. The creditor never could get a shilling, and the unfortunate man was lost to himself, to his family, (if he had one), and to the community. It is not less strange that a man who has property may go to prison and consume it in defiance of his lawful creditor, who cannot recover a farthing: so that the law may be said to be defective in every direction, and in every point of view.

in reality ex post facto, in the origin; that is, they are made after the utility or necessity of the law has become evident. No punishment has ever been ordained for crimes that have not existed, and legisla tors do not speculate upon the possibility of crimes that are unknown; but though crimes precede the laws for punishing them, no man is to be judged by a law that did not exist when the act was done. This is a fundamental principle in the administration of justice; but this principle is completely violated in the case of temporary insolvent acts: it is an alteration of the contract entered into by the debtor and creditor; and is, in reality, unconstitutional. The parliament assumes the right, but it is contrary to the principles of the British constitution, except on the plea of necessity, which alone gives a right to touch individual property. King, Lords, and Commons, may lay on taxes, which is taking away our property; but they have no right to fix upon certain individuals, and take away any part of their property, which is done by every temporary insolvent act,

In Scotland, and other countries, matters are arranged more in conformity to justice, common sense, and the interests of mankind; and, greatly to the honour of Lord Redesdale, he has brought in, and carried through, a perpetual insolvent act, to remedy some of those grievances.

It would far exceed our limits to enter into a minute discussion either of the act as it has passed, or of the nature and rights of the question; but some observations are necessary, for the importance of the subject is very great.

It is highly important in a variety of points of

view.

First. As being a disgrace, in a civilized nation, that a man should or may suffer more severely for incurring a small debt, which he cannot pay, than a criminal for any thing less than a capital offence.

Second. It is inhuman, and contrary to the spirit of Christianity*, as well as of the moral principles of

* We have said elsewhere, (in the portrait of Lord Erskine), that the abolition of slavery is one of the benefits arising from the Christian religion; and we have given proofs of that fact, so deserving to be universally known, but in reality almost totally forgotten, or at least never mentioned: and certainly it is fully as much contrary'

justice, that misfortune should be punished more severely than criminality; and that one man should have the happiness of another in his power, together with that of an innocent family also.

Third. The interests of the state are greatly injured by the numbers of men condemned to poverty, misery, and idleness, by a law so absurd and unjust; and it being the duty of a good government to provide for the welfare of the state, it is its duty to see good regulations used with regard to debtors and creditors.

Fourth. The creditors themselves are not done justice to, in many cases, by the law as it stood; and as it still stands, though it is partially altered: because, while one debtor is uselessly oppressed,

to the spirit of that divine religion, as any slavery can be, that a man, merely because he owes a debt, should be completely in the power of his fellow man; and that he and his children should be condemned to starve, perhaps, for law expenses incurred at the suit of, or by the advice of some of those pests of society called pettyfogging attorneys.

But if the debt he contracted fairly, whether imprudence or misfortune is the cause of failure in payment, there is nothing so inhuman as punishing it in the second degree of severity; that is, by perpetual imprisonment,

another lives in luxury, and laughs at his creditor, who has no means, as the law now exists, of compelling him to give up his property*.

* None of those observations are meant to bear with severity on the general character of creditors: the debtors are for the most part more to blame, and are more obstinate than their creditors; but there are individual examples of great hardships and severity. The creditors in England are not to be blamed, generally, for ill-nature but they are very much to be blamed for carelessness, indifference, and want of consideration. When once a debtor is in prison, the creditor gives himself (generally speaking) no more trouble: the consequence is not unnatural: the unfortunate man feels still like a man, he feels that he is not treated as he ought to be, and he seeks relief from misery, oppression, and bitter reflections, in dissipation; such as the place affords. Wherever there are a number of persons in the same situation, and in the same place, sympathy and fellowfeeling, stimulate the passions. Whether we are at a tragedy or a comedy, on the number of spectators depends a great part of the effect; for between the mind acting alone, and in company with other minds similarly situated, there is almost a total difference.

Prisoners naturally communicate with each other, and dwell on the hardships they undergo; which they generally magnify till they get enraged against their creditors, who, in many cases are more mindful of the interests of the debtor than he is himself; but then some designing villain of an attorney who, perhaps, was the original cause of the evil, prevents the good intentions of the creditor from

It is scarcely possible to conceive, amongst an enlightened people, any regulations so completely inefficient, or rather so contrary to the end they were intended to produce, as the laws for recovering debts were previous to the exertion of Lord Redesdale.

One of the greatest and most essential distinctions between an intelligent and an ignorant people is, that whatever is done by the intelligent answers the purpose intended to be answered; but, with the ignorant, sometimes it answers, and sometimes

not.

In the case of the debtor and creditor law, the end in view is so far from being obtained, that it is counteracted; and great mischief done, in addition

being of any avail. The expenses are to be paid, and the creditor is scarcely to be expected to add to his loss by doing that.

How such complicated evils should remain without a remedy, in a nation like this, for so great a length of time, is absolutely inconceivable. It would take a volume to describe the absurdities, and the miseries produced by those absurdities; but it is to be hoped, that, with a little time, they will all be redressed. Such men as Lord Redesdale, and Sir Samuel Romilly will not permit so disgraceful a situation of things to remain,