The Madisonian. [volume], February 13, 1840, Image 1

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THE MADISONIAN.
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e i) i t o it and noriiETOi.
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THE MADISONIAN.
VOL III.?NO. CO. WASHINGTON CITY, THURSDAY. FEBRUARY 13, 1910. WHOLE NO. 313.
HARRISON'S VICTORY
Ct-py of a LsUer from General Harrison to Ik'' Depart
ment of liar.
Head Q larlcrs, near Moravian Town, J
011 lib River Thame*, 80 utile* from Detroit, >
6lh October, 1H1U. )
Sir ? I have the honor to inform you that,
by the blessing of Providence, the army un
der my command lias this evening obtained a
complete victory over the combined Indian
and British forces tinder the command ol Ge
neral I'roctor. 1 believe that nearly the whole
of tlie enemy's regular* aro taken or killed.
Amongst I ho former are all the superior offi
cers excepting (Jen. Proctor. My mounted
men are now in pursuit of him. Our loss is
very trilling. The brave Col. 11. M. Johnson
is the only officer whom I have heard ot that
is wounded?he badly, but 1 hope not danger
ously.
I have the honor to be, with <rreat respect,
Mr, your obedient humble servant,
WM. H. HARRISON.
The Hon. John Armstrong, Sec'y at War,
Gen. Harrison to the Secretary of fVar.
lit ad Quarters, Detroit, Oct. 8, 1813.
Sin?In my letter from Sandwich of the
26th ultimo, I did myself the honor to inform
you, that I was preparing to pursue the enemy
the following day. From various causes,
however, I was unable to put the troops in
motion until the morning of the 2d inst., an.I ,
then to take with me only about one hundred
and forty of the regular troops, Johnson's
mounted regiment, and such of Gov. Shelby's
volunteers as were fit for a rapid march, the
whole amounting to about three thousand five
bundled men. To Gen. M'Arthur (with
about 700 effectives) the protecting of this
place and the sick was committed. General
Cass's brigade, and the corps of Lieut. Col.
Ball, were left at Sandwich, with orders to fol
low me as soon as the men received their
knapsacks and blanket-1, which had been left
on an island in Lake Erie.
'l'he unavoidable delay at Sandwich was
attended with no disadvantage to us. Gen.
Proctor had posted himself at DaUon's on
the light bank of the Thames (or Trench)
fifty-six miles from this place, where I was
informed he intended to fortify and wait to
receive me. He must have believed, however,
that I had no disposition to follow him, or that
he had secured my continuance hero, by the
reports that were iu circulation that the In
dians would attack and destroy this place upon
the advance of the army ; as he neglected to
commence the breaking up of the bridges un
til the night of the 2d inst. On that night
our army reached the river, which is twenty
five miles from Sandwich, and is one of four
streams crossing our route, over nil of which
are bridges, and being deep and muddy, are
unfordable for a considerable distance into the
country?the bridge here was found entire,
and in the morning I proceeded with John
son's regiment to save if possible the others.
At the second bridge over a branch of the ri
ver Thames, we were fortunate enough to
capture a Lieutenant of dragoons and eleven
privates, who had been sent by General I'roc
tor to destroy them. From the prisoners I
learned that the third bridge was broken up
and that the enemy had no certain information
of our advance. The bridge having been
imperfectly destroyed, was soon repaired and
the urmy encamped at Drake's farm, four
miles below Dalsou's.
The river Thame.*', along the banks of
which our route lay, is a fine deep stream, na
vigable for vessels of considerable burden,
after the passage of the bar at its mouth, over
which there is six and n half feet of water.
The baggage of the army was brought from
Detroit in boats, protected by three gun-boals,
which Commodore Perry had furnished for
the purpose, as well as to cover the passage
of the army over the Thames itself, or the
mouths of its tributary streams ; the banks
being low and the country generally open
(prairies) as high as Datson's, these vessels
were well calculated for that purpose. Above
Dalson's, however, the character of the river
and adjacent country is considerably changed
The former, though still deep, is very narrow
and its banks high and woody. The Com
modore and myself therefore agreed upon the
propriety of leaving the boats under a guard
of one hundred and fifty infantry, and I deter
mined to trust to fortune and the bravery of
my Iroops to effect the passage of the river.
Below a place called Chatham, and four miles
above Dulson's, is the third nnfordahle branch
of the Thames; the bridge over its mouth
had been taken up by the Indians, as well as
that at McGregor's Mills, one mile above ?
several hundred of the Indians remained to
dispute our passage, and upon the arrival of
the advanced guard, commenced a htavy fire
from the opposite bank of the creek as well
as that of the river. Believing that the whole
force of the enemy was there, I halted the
army, formed in order of battle, and brought
up our two six-pounders to cover the party
that were ordered to repair the bridge?a few
shot from those pieces, soon drove oft" I lie
Indians, and enabled us in two hours to re
pair the bridge and cross the troops. Col.
Johnson's mounted regiment being upon the
right of the army, had seized upon the rc
| mains of the bridge nt the mills under a !?ea
; vy firti from the Indians. Our loss on this
occasion, was two killed and three or four
wounded, that of the enemy was ascertained
| to be considerably greater. A house near
the bridge, containing a very considerable
number of muskets, had been set on fire?but
it was extinguished by our troops and the
arms saved. At the first farm above the
bridge, we found one of the enemy's vessels
; on fire, loaded with arms and ordnance stores,
and learned that they were a few miles ahead
of us, still on the right bank of the river with
the great body of the Indians. At Bowles'
farm, four miles from the bridge, we halted
for the night, found two other vossels and a
large distillery filled with ordnance and other
valuable stores, to an immense amount, in
flames?it was impossible to put out the fire
?two twenty-four pounders with their car
riages were taken and a large <|nantity of ball
and shells of various sizes. The army was
nut in motion early on the morning of the 5th;
I pushed on in advance with the mounted re
giment and requested Gov. Shelby to follow
as- expeditiously as possible with the infantry;
the Governor's zeal and that of his men en
nblcd them to keep up with the cavalry, and
by 9 o'clock, we were at Arnold's Mills, liav
ing taken in the course of tho in >rning two
gun-boats and several batteaux loaded with .
provisions ami ammunition.
A rapid at tlie river at Arnold's mills af- ,
fords the only fording to he met with for a |
considerable distance, hut upon examination,
it was found too deep for the Infantry. Hav
ing, however, fortunately taken two or three
boats and some Indian canoes on tlie spot,
I and obliged the horsemen to take a footman
j behind each, the whole were safely crossed
by 12 o'clock. Eight miles from the cros
j sing we passed a farm, where a part of tlie ,
i British troops had encamped the night before, j
under the command of Col. Warburton. I lie i
detachment with Gen. Proctor had arrived
the day before at the Moravian towns, 4 miles
higher up. Being now certainly near the
enemy, 1 directed the advance of Johnson's
regiment to accelerate their march for the
purpose of procuring intelligence. The of
ficer commanding it, in a short time, sent to
inform me, that his progress was stopped by
tlie enemy, who were form.d across our line
of march. One of the enemy's waggoners
being also taken prisoner^ from the informa
tion received from him, and my own observa
tion, assisted by some of my officers, 1 soon as
certained enough of their position and order
of battle, to determine that, which it was pro
per lor me to adopt.
1 have tlie honor herewith to enclose you
my general order, of the 27th tilt, proscribing
the order of march and of battle when 'lie
whole army should act together. Hut as the
number and description of the troops had been
essentially changed, since the issuing of the
order, il became necessary to make a corres
ponding alteration in their disposition. From
the place where our army was last halted, to
the Moravian towns, a distance of about three
and a half miles, tho road passes through a
bcach forest without any clearing, and for the
first two miles near to the bank of the river.
At from two to three hundred yards from the
river a swamp extends parallel to it, through
out the whole distance. The intermediate
ground is dry, and although tlie trees are to
lerably thick, it is in many places clear of
underbrush. Across this strip of land, its left
a/tpuynl upon the river, supported by artillery
placed in the wood, their right in the swamp
covered by the whole of their Indian force,
the British troops were drawn lip.
The troops at my disposal consisted of
about 120 regulars of the 27th regiment?
five brigades of Kentucky volunteer militia
infantry, under his Kxcellcncy, Gov. Shelby,
averaging less than five hundred men, and
Col Johnson's regiment of mounted infantry,
making in the whole an aggregate, something
about 3000. No disposition of an army op
posed to an Indian force can be safe unless it
is secured on the flanks and in the rear. 1
had therefore no difficulty in arranging the in
fantry conformably to my general order of bat
tle. Gen. Trotter's brigade of 500 men,
formed the front line, his right upon the road
and his left upon the swamp. (Jen. King's
brigade as a second I.lie. 150 yards in rear of
Trotter's, and Chiles' brigade as a corps of
reserve in the rear of it. These threo bri
gades formed the command of Major-General
Henry ; tho whole of Gen. Desha's division,
consisting of two brigades, were formed en
potence upon the left of Tro,ter.
Whilst 1 was engaged in forming the in
fantry, I had directed Col. Johnson's regi
ment; which was still in front, to he formed in
two lines opposite to the enemy, and upon the
advance of the infantry, to take ground to the
left, and forming upoji that flank to endeavor
to turn the right of the Indians. A moment's
reflection, however, convinced ine thai from
the thickness of the woods and swampness of
the ground, they would ho unable to do any
thing on horseback, and there was no time to
dismount them and place their horses in secu
rity. 1 therefore determined to refuse my left
to the Indians, and to break the British lines
at once by a charge of the mounted infantry ;
the measure was not sanctioned by any thing
I had ever seen or heard of, but I was fully
convinced that it would succeed. The Ame
rican backwoodsmen ride better in the woods
than any other people. A musket or rille is
no impediment to them, being accustomed to
them from their earliest youth. I was per
suaded, too, thai the enemy would be quite un
prepared for the shock,and that the v could not
resist it. Conformable to this idea, 1 directed
the regiment to be drawn up in close column,
with its right at tlie distance of 40 yards from
the road, (that it might be, in some measure,
protocted by the trees from the artillery) its
left upon the swamp, and to charge at full
speed as soon as the enemy had delivered
their fire. The few regular troops of the 27th
regiment, under Col. l'uul, occupied in a co
lumn of sections of four, the small space be
tween the road and the river, for the purpose
of seizing the enemy's artillery, and some ten
or twelve friendly Indians to move under the
bank. The crotchet formed by the front line,
and Gen. Desha's division, was an important
point. At that place tho venerable Governor
of Kentucky was posted, who, at the nge of
sixty-six, preserves all the vigor of youth, the
1 ardent zeal which distinguished him in the re
volutionary war, and the Undaunted bravery
which he manifested at King's .Mountain.?
With my aids-de-camp, the acting assistant
Adjutant General, Captain Butler, my gal
lant friend Com. Perry, who did me the honor
to serve as my volunteer aid-de-cainp, and
Brigadier General Cass, who having no com
mand, tendered me his assistance, I placed
myself at the head of the front line of infantry,
to* direct the movements of the cavalry, und
give them the necessary support.
The army had moved on in this order but a
short distance, when the mounted men re
ceived the tiro of the British line, and were
ordered to charge; the horses in tho front
of tho column rocoiled from the fire ; another
was given by the enemy, and our column at
length getting in motion, broke through the
enemy with irresistible force. In one minute
the contest in front was over. Tho British
officers seeing no hope of reducing their dis
ordered ranks to order, and our mounted men
i wheeling.upon them and pouring in a destruc
tive fire, immediately surrendered. It is cer
tain that three only of our troops were wound
ed in this charge. Upon the left, however,
the contest was more severe with tho Indians.
Col. Johnson, who commanded on that flank
of his regiment, received a mod galling firo
from them, which was returned with great
ortect. The Indians still further to the right,
advanced and fell in with onr trout line ol in
fantry, near its junction with Desha's divi
sion, and for a moment made an impression
upon it. Hi* Excellency Gov. Shelby, how
ever, brought up a regiment to its support,
and the enemy receiving a severe lire in
front, and a part ol Johnson's re} iinent hating
gained their rear, retreated w ith precipitation,
'ilicir loss was very considerable in the ac
tion, and many were killed in their retreat.
I can give no satisfactory information of
the number of Indian* that were in the action,
but they must have been considerably up
wards of 1000. From the documeuis in my
possession, (Gen. Proctor's olficial letters, ull
of which were taken,) and from the informa
tion ol respectable inhabitants of this I erii
tory, the Indians kept in pay by the British
were much more numerous than has been ge
nerally supposed- In a letter to General de
llottenburch, of the 27th lilt., Gen. Proctor
speaks of having prevailed upon 3,'200 of the
Indians to accompany him. Ol these it is cer
tain that 50 or 00 Wyandot warriors aban
doned him.
The rtfctuber of our troops were certainly
greater than that of the enemy ; but, when it
is recollected that they had taken a position
that effectually secured their (lank, which it
was impossible for us to turn, and that we
could not present to thorn a line more ex
tended than their own, it will not be consider
ed arrogant to claim for my troops the palm
ol superior bravery.
In communicating to the President, through
you, sir, my opinion ol tho conduct ol the
officers who served under me, I am at u loss
how to mention that of Gov. Shelby, being
convinced that no eulogium of mine ran
reach his merits. The Governor ol an inde
pendent Slate, greatly my superior in years,
experience, and iu military character,he placed
himself under my command, and was not
more remarkable for his zeal and activity,than
for the promptitude and cheerfulness with
which U obeyed my order*.
The Major-Geuerala Henry and Desha,
and the brigadiers Allen, Caldwell, King, j
Chiles and Trotter, all of the Kentucky volun- ]
teers, manifested great zeal and activity. Of |
Governor Shelby's staff, his Adjutant-Gene- ,
ral, Col. McDowell, and his Quarteruiastcr
Ge'ncnrl, Colonel Walker, rendered great ser- j
vice, as did his Aids-de-Camp, Adair j
and Majors Barry and Crittenden. 1 he mi- j
litary skill of the' former was of great service j
tous, and the activity of the two latter gen- j
tie men could not be surpassed. Illness de
prived me of the. talents ol toy Adjutant-Ge
miral, Col.'Gaines, who was left at Sandwich.
His duties were, however, ably performed by
the acting assistant Adjutant-General, (. apt. ^
Butler. My Aids le-Camp, Lieut. O'Fullon
and Capt. Todd, of the line, and my volunteer
Aids, John Speed Smith and John Chambers,
Esqrs., have rendered mo the most important
service from tho opening of the campaign. 1
have already stated that Gen. Cass and Com.
Perry assisted me in forming the troops for
action. The former is an officer of the high
est merit, and the appearance of the brave
Commodore cheered and animated every
breast.
It would be useless, sir, after slating the
circumstances of the action, to pass enco- ^
miums upon Colonel Johnson and his regi
ment. Veterans could not have manifested
more lirmness. 1 he Colonel s numerous
wounds prove that he was in the post of dan
ger. Lieutenant-Colonel James Johnson and
the Majors Payne and Thompson were equal
ly active, though more fortunate. M:'jm
Wood of the engineers, already distinguished
by his conduct at Fort Meigs, attended the
army with two six-pounders. Having no use
for them in the action, he joined in the pur-1
suit of the enemy, and, with Major Paine of J
the mounted regiment, two of my Aids-de
Camp, Torld and Chambers, and three pri
vates. continued it for several miles after the
rest of the troops had halted, and made man)
prisoners.
I left the army before an official return oft
the prisoners, or that of the killed and wound
ed, was made out. It was, however, ascer
tained that the former amounts to six hundred
and one regulars, including twenty-five ofh
cers. Oiir loss is seven killed and twenty
two wounded, live of which have since died.
Ol the British troops twelve wore killed and
twenty-two wounded. The Indians suffered
mo8t thirty-three of them having been found
upon the ground, besides those killed on the (
retreat. . ,
On the d.iy of actum, G pieces of brass ar
tillery were taken, and two iron 24 pounder.-, j
the day before. Several others were discover- |
ed in the river and can be easily procured. -
Of the brass pieces, three are the trophies ol
our revolutionary war, that were taken at Sar
atoga and York, and surrendered by General
Hull. . ,
The number o.f small arms taken l>y us una
destroyed by the enciny must amount to up- >
wards ol live thousand; most of them had ,
been ours and taken by the enemy at the sur- |
render of Detroit, at the river Raisin and < ol. i
Dudley's defeat. I believe that the enemy j
?retain no oilier military trophy ol their victo- |
ries than the standard of the 4th regiment. ?
They were riot magnanimous enough to bring
that of the 41st regiment into the held, or it
would have been taken.
You have been informed, sir. of the con- ,
duct of the troops under my command in ac- (
tion ; it gives me great pleasure to inform, you
that thev merit also the approbation of their
country for their conduct in submitting <> ><
greatest privations with the utmost cheerful
ness. .
The infantry were entirely without tents,
and for severally, the whole army subsisted
upon fresh beef without bread or salt.
1 have the honor to be, <vc.
WILLIAM. II. IIA1UUSON.
Cm Jiihn Armstrong, Srcrrt'vy of War.
Gevv.hu. Grn. Harrison wa<i ?nee
S of hi's n"mee Had he com pi-1,
Iu. would now have been the richest man west oMhe
AtleirhanifiS. Actingoo the principle, that a puDiic
officer S b, even above suspicion, he fueled
the offer To those <f the present day, who onl>
-ssocinte the possession.of ofoce w.th the mcan^.f
arouirinK wealth, .his will appear nn.ceonn .ble
?i no hiehlv improper. With ih-m, the hardest and
most com plica led matter to be "i^rstood a ppears
to be plain straight-forward honesty.? But the great
body'ot the p?-?.pte will coinpiehend it, and w.ll ap
preciate .he conduct of the man who valued h.i
character mure than he did paltry wealth.-^"*
Gaztll*.
HOUSE OF REPRESENTATIVES,
Friday, F?b 7, 1810?In cnutf-uation.
The Pension agency being under consideration :
j The debate was continued by M''ssr?. Sianly,
j Realty, Sergeant, Underwood, W. Thomps m, Leel,
Btll, t'ur i-, Jones, ol Va.. and White, of Ken.
In the course of this debate an incidental .'illusion
made by Mr. Stanly to the course of the Governor
I of Pennsylvania, in relation to the resumption of
specie payments called up several members from
that Slate, and led to some discussion on i;s political
condition and its legislative measures. The Chair
man, Mr. Lincoln, attempted to arrest the discussion,
which, however, the committee allowed to proceed.
Mr. MONROE finally .submitted a motion which,
he said, he offered with entire deference to the Re
presentatives from that State, that the further consi
deration of the affairs of the Slate of Pennsylvania,
now under discus.ion, he postponed until Monday
next, and be made the special order for that day.
The collateral discussion db'd, however^ by a na
tural process. Alter which, the debate proceeded on
the subject-matter properly before the conuniitee;
and no action was had when,
On moiion of Mr. WHITE, of Ky., the commit
tee lose, reported progress, and had leJve to sit
again.
And then the House adjourned.
HOUSE OF REPRESENTATIVES,
Saturday, February 8, 18-10.
After the referenco to the Conuniitee on Manufac
tures or cerium petitions heretofore presented by Messrs.
La with. ni:r and Lincoln, relating to frauds on the re- '
venue, the subject of the meinoiial of the National
Convention held si Tcre Haute, Indians, last July, in
relation to the Cumberland road, came up in order. It
having been moved to acud it to the Committee of
Ways and Means, with instructions lo report an appro
priation of 8100,000, a debate followed, in which
Messrs. Ramie", Pickens, Wick, Diddle, Reynold*, and
S. Mason took part.
GENERAL BANKRUPT LAW.
Tu the Congress of the United Statu :
Your memorialists, citizens of the State of New York,
respectfully represent?
That the power conferred upon your honorable bodies
by the constitution, " to establish uniform lawn on the
subject of bankruptcies throughout the United Slates,"
is one of the most linportsi t embraced in that sacrcd
instrument.
The frainers of the constitution were governed by a
holy debire to remove all causes for animosity and dis
cord which in'ybi exist among the States and the Peo
ple, by making all subjects of general legislation devolve
upon Congress, as upon a common arbitrator. By this
mode alone could they hope to secure a union among
the fifty Slates which must in time arise within the vast
domain of this greut confederacy, llmiu d only by the
Atlantic and Pacific Oceans, the great Lakes and the
Gull of Mexico.
The powers conferred upon Congress arc of great
magnitude and importance, and the just and equitable
exercise of them is an important duty. The neglect or
omission, in many cases, is a subject of ns much inte
rest to the people as the violation of the constitution by
the cxcrcise of powers not granted.
If the Stall's were allowed to exercise some of the
powers conferred upon the General Government, the
Uifiicullies arid embarrassments of the Union would
multiply, until the causes which were so clearly foreseen
by our forefathers, would overthrow the fabric which their
wisdom and sufferings erected.
Among the powers conferred upon Congress, which
are of a character to prevent a conflict ol Stile and
Territory legislation, are the following;?"Toregulate
commerce among the several Stales." To establish
post ollices and post roads." "To establish a uniform
law on the subject of bankruptcies throughout the United
Stales." Only two of these important powers have
been exercised by Congress 1 lie other is now a sub
ject of conflicting legislation ainoug the several Stales.
The object which induced the people of this country
to adopt the Federal Constitution was "to form a more
perfect union, ensure domestic tranquility, .and secure
ihe blessings of liberty lo themselves and their posteri
ty and consequently Congress is bound lo exercise
all ibe powers which ibis instrument confers, which will
promote so desirable an object.
Among the various powers which havo been conferred
lo "secure the blessings ol liberiy," none were esteem
ed of more importance than the right lo free ingress and
egress of tho citizens of one State into, and through,
the territory of other Slates." This, among other rea
sons, was tho cause of conferring upon Congress the
power to establish uniform laws on the subject of bank
inptcy.
The conflicting regulations in the several States on
the subject of bankruptcy, have become a serious source
of complaint and annoyance in every section of the
Union. No two States appear to entertain ihc saino
opinions in relation to the rignts of debtor and creditor
?and the discharge of a debtor under tbe laws of any
one of these sovereignties will not protect him within
the jurisdiction of tho others Hence, that clause in
tho constitution which declares that " the citizcns of
each State shall be entitled to all the privileges and im
munities of citizens in the several States," is totally
disregarded ; and a citizen of New Yolk or Kentucky,
who cannot be arrested for debt when in those S'atef,
is constantly subject to imprisonment, when in other
Slates, for debts contractcd in ihe Slate in which he re
sides. Thus a citizen of one State is not proiectcd by
the laws, and does not enjoy these privileges and immu
nities in other Stales which the frainers of the constitu
tion intended to confer upon him, because Congress have
neglected to exercise that wise and important power
which alone can secure those rights which, as a citizen
of the United Stales, he is entitled to enjoy.
It is unnecessary at ibis period in the history of this
country, to urge the importance of laws which shall al
law a free and uninterrupted intercourse between the
people of ihe several States*. "The spirit of internal
improvement"?the construction of canals and railroads,
and the introduction of steam power?arc irresistible
arguments in favor of uniform laws, which shall protect
the rights and.secure tike liberty of the people of the se
veral Slates while travelling in different sections of the
Union.
This country is becoming intercominercial to an ex
tent unprecedented in any other, and every town in the
Union must hail with pleasure every facility that shall
promote an intercourse which so ecrtamly tends to make
us, hi habits and feelings, one people.
Upon the subject of the propriety, importance and
necessity of bankrupt laws, your memorialists deein it
scarcely necessary to dwell, inasmuch as in everv coun
try where imprisonment for debt has been recognized,
their utility has been acknowledged. The constitution,
however, has so clcnily indicated their importance, that
any allusion to their existence therein, is rendered un
necessary ; and in this community, where the trading
population are subject lo successive revulsions in trade,
which, from whatever cause they arise, overthrow the
honest, industrious and intelligent, the neccssitv of uni
form laws on the subject of bankruptcy, which shall al
low an honest insn lo obtain a discharge from Ins debts,
upon a surrender of all his property, has become striking
ly evident.
To protect the honest and industrious, and to punish
the dishonest and vicious, is the primary object of laws
?and ,wln-n they shall fail lo accomplish these great
objects, and become oppressive upon thokc for whom
I hey were enacted, it becomes the duty of the Legisla
ture to remeJy the evil
Till laws now in foice on the subject of debtor and
creditor, operate with painful seventy upon ihe honest
and industrious debtor, and their effect tends to discou
rage Ins hoecst exertion, and deprive him of that energy
ami hope which alonu can enable linn lo retucve his
fallen foitunes.
The law M scarchingly severe lo discover and take
from hiift, under the solemnity of an oath, all the pro
perty he may possess, ol any kind, or descr pt on-?and
whatever may be lha general nnpresaion among iho ill
informed, the legal profession well know that the most
adroit and cunning knaves can scarcely conceal any
properly from the bauds of the officer. II one exami
nation is nol satisfactory, his creditor inay take years
for inquiry, and continue to put his debtor under oath,
fur the purpose of discovering any property thai may be
secretcd or conveyed for the purpose of delrauding his
creditors. Thia, however, does not satisfy the law and
the creditors. The debtor la still required to pay, while
the creditor will not allow him to accumulate capital to
transact business, nor permit hun to borrow of a friend
and mveat it in trade. " Honesty is not tho hest po
licy" for him?a character for integrity is worse than
useless, for if he can point to a pure and spotless life?
if he can show that his integrity, industry and ability,
in the various situations in which hp haa been placed,
tut e been unimpeachable??his creditur will grasp bis ,
claim with more tenacity, under a belief that he may
yrt wring something from his hard earning*, or the syin
paihy of friends or relative* If, however, a drbtor is
reputed to be di.honesi, diaaipaled, and geneislly duao
Mr in hi* habits, hi* creditor is always ready and
willing to compromise for Ills claim, and lake *ny thing
he can get, under the belief that if he does not l*J'0
whst is offered he will obtain nothing by holding the
claim against one so destitute of character ?nd prin
ciple.
Thus, under the operation of our l?w?, ? character
fur honesty anil integrity falls upon the poor debtor Ilka
? blighting curso Anil he has many good reason* to
envy the good lortune which the known character lor
dishonesty confers upon hiin.
The situation of an honest debtor, under fhe opera
tions of our laws, can ba of no service to ?ny person,
and is severely injurious to the community. Alter *
debtor has aurrendered his property, and thus deprived
himself of the means by which be transacted business,
what can he do, if be still remain* subject to the claim*
of Ins creditors 1 Suppose him (like thousands in thia
city) in the prime of life, with a family dependent upon
hint; * merchant by education, and eminently ouahhed
for mercantile purauita ; in debt many thousand dollara
beyond a 1 his means of payment. llow is be to pro
ceed to acquire property i He is prevented from en
giging again in trade, because eiery thins be ma* pur
ch&ttc will be subject to the chinn of hi# creditors ?
they will watch his movements with the Argu* eyes of
interest, and ea< h will jbe *iriving to pounce upon their
victim before the others shall bo ajiprised of the value
of the discovery.
The j)o?er of the Chancery Court is invoked upon
every suspicious appearance?and if the debtor i* en
gaged in any pursuit in which money is required, * bill
is filed and injunction obtained lor the purpose of again
eximii ing the debtor on oath, and introducing other
testimony, which may enable the creditor to aeize upon
any piopcrty the debtor may have in his possession.?
This proceeding may be continued during the debtor'*
life, and afterward his children and adminiatratora an
noyed in like maimer. What, then, can an honest
debtor do 1 He is compelled to abandon the businesa
for which his education and habita have fitted him, or
he muat submit to work for hire as * clerk, and tbu*
earn a pittance for the support of his family, without
hope of bettering his condition. If he does this, hi*
creditors surely cannot lie benefitted by it?and if ho
does not, what else can his creditors expect bnn to do,
which shall enable him to liqiudaie the debts which hi*
misfortune* have thrust Upon hwii ' Do creditors pro
pose any business 1 Do they hold out any hope for
themselves or their debtor 1 It is a very uncommon
occurrcucc that creditors devise any way by which m
debtor ran obtain a living. They generally turn from
tHe unfortunate man with no sympathy, but with a leel
ing akin to anger, and are generally impressed with a
vague belief that they are more lo be sympathised with
than he. although they uu?y not be able lo detect any
one act that is obnoxious lo censuro.
Many debtors, after vain and fruitless effort* lo com
promise and get released from ihrir debts, become dis
heartened and discouraged, and losing all pride, spirit
?nd ambition, conlract idle and dissoltite habits which
terminate in an untimely death, or in making them a
burtlu-ii to their friends or ihe public.
There are a large number, however, who being thus
driven from their pursuits, ai.J still feeling ihe moral
obligation to *up|iori and protect their lamiliea, se?U to
obtain some petty office by which to procure a preca
rious and depende.nt living. I o co great an extent
does the evil herein complained of prevail, that of iho
thousands who are seeking lo obtain emolument* of
office, mure than the 5th, it is supposed, are fnreed to
become applicants, because they have been unfortunate
in business, and are involved in debt to an extent that
rentiers payment entirely hopeless. When this fact I*
propelly appreciated, few will be surprised at the great
number of intelligent business men who are not qjily
willing, but desirous to obtain the Hitiallesl ministerial
office in the gift of the appointing power. And this
state of things must continue to exist until an unfortu
nate debtor shall he protected by the laws, and permit
ted a^am to establish a credit and auppjrt his family
from the fruits of his industry.
The laws compcl a man to ho dishonest if he would
accumulate,?he must become a knave or an idler?he
must learn lo dissemble and cheat. He must conceal
his earning* under the name of a child or a friend,?and
the nioie accomplished lie shall prove himself in hts new
profession, the more he will bo enabled to- secure for
himself and his family, to protect them"against sickncss
and war.t. When he shall have thus obtained property
in defiance of the law*, and in opposition to the wishea
of his creditor*?does any one suppose he will use the
properly thua accumulated to pay his debts'? Did ever
a case of this kind occur? And why nns it not ! Be
cause lie has found the laws and hi* creditors hi* worst
enemies. They have made hitn a knave; they com
pelled hiin to dissimulate, and he looks upon those to
whom lie owe* money as his greatest enemies. It was
in the power of his creditors to release hint from bon
dage, and by restoring hint to society and business, en
able hiin to become serviceable to himself and family.
His creditors chose to hold him in a degrading servitude,
in which hia pride and ambition were broken, and his
mind became devoted to devising means to evade the
law, and protect himself against those ho believe* hia
unrelenting persecutors.
Theannsls of our country do not produco *n insianca
of a debtor having jiaid h:a 'debts by his own effort*, af
ter having become insolvent to a considerable amount,
when his creditors have refused to release him; and,
on the contrary, hundreds of cases can be shown where
debtors have dischaiged all their debts, including prin
cipal and interest, out of money they had accumulated
in the transaction of business aflcr they had obtained a,
legal release from their creditors-, fci the one case, it
is impossible for an honestdfcbior to obtain property ; in
the other, he has every motive for exertion.
II a bankrupt law shall be enacted, which will enabln
an honest man to obtain a discharge upon the eurrendef
of his property, what will be the efluct upon iho debtor,
the creditor and society 1
The debtor will then feel that the laws have made
"honesty the beat policy,"?that il he acis honestly in
all his transactions, the law will protrct hi* right*, and
release him from oppression?that he need not aeek to
purchase the good will uf any unprincipled individual
because lie happens to owe htm money?but that, il he
adhere* lo hi* integrity, hi* iniiforiuncs shall not be
charged upon him as a crime.
Under a well devised law an honest man that finda
himself unable lo pay hi* debt* will immediately seek
to surrender all his property, and render an account of
his losse*?and upon such surrender being made, and a
satisfactory account rendered of all1 his effects, and lha
causes of his insolvency, he will be at once restored to
credit and society. Thus iho intcre?l of the deb'or
and his creditor both stimulate him to do all that will
elevate his character and render luni a valuable member
of society. ? *
His creditors, instead of being his enemies and per
secuting him, will, if they think he acted honeslly and
is competent to transact buaine#*, be anxious to afford
him any assistance in their power, and promote, as far
as possible, hi* prosperity : they will readily discover^
that an honest man will appreciato their kindness lo bun,
and be anxious to accumulate properly to discharge
those equitable obligation*, which ihe many favor* they
may have done him will have made more binding than
any strictly legal debt. Ho will be received among hia
creditors without reproach, and the misfortune# of an
honest debtor, instead of making hun an outcast and
degraded man, will call around him a host of intcresied
friends, who will be deeply anxious to sustain hia cha
racter and promote In* welfare.
Upon an application for a discharge under a bankrupt
la v the debtor should bo inquired to establish his integ
rity and make a conveyance of *11 hia property. When
these two acta shall have t?een dunn. to iho satisfaction
of the proper tribunal, ihe debtor should ba forthwith
discharged from all its debts.
If such a law, *nnple in its provisions and direct in
it* effects, shall receive ihe sanction of your honorable
bodie*, the interest* of society will be hsrmonued and
promoted, the unfortunate relieved *nd sustained, and
the lawa respected snd enforced.
Your memorialist* will ever pray, Alc.
tiib madisonian?pkospectuf.
THE MADISONIAN will support in goqd fsith, and
wiih all its ability and energy the nomination* of
the Ilarri?burg Convention, viz; For President, Wit.
111.vkv Harrison, of Ohio. For Vice Freaident,
John Tymch, of Virginia. *???
Tri weekly during Congreas, and ?cini-we*kly in the
recess, per annum, , . .
Weekly, for a single copy, per annum . " 00
Or, three dojnes together will be furnish
ed for . ? , ?; ?
Weekly until ihe clo e of the Presidential
Election thia year, ? ? ,T?i,
THOMAS ALLEN.
Washington, P. C. Jan. 1840.
PREFERMENT, or My Uncle, the Karl, by Mr*,
(lore, in 2 vols d of New york(
letters from the t'i't worm, yj ? j taV. oh
in 2 vols, are just received and for sale by F . TAY LOK.
or (or circulation among the subscriber, to tbe Waverly
Circulating Li^rniy.