The New Hampshire Gazette And General Advertiser

For the New-Hampshire Gazette.

MUCH has been heretofore said,
of the consequences to be apprehended from such unbounded
importations of European manufactures, as have taken place since
the peace; nevertheless the rage still continues
with unabating ardor; and as none who choose
it, can be restrained from embracing their own
ruin, a wise Legislature should endeavor to render
the consequences of such an infatuation, as little
injurious as possible. Since the establishment
of independence, as total a revolution has taken
place in the system of our commerce, as in the
administration of our government; and an
entire new code of laws is now as necessary for
the regulation of the one as a new constitution
was for the administration of the other. During
our connection with England, it is well known,
the British merchant ever found sufficient influence,
to prevent the permanent establishment
of any laws, that in the smallest degree militated
with their private interest; to their avarice every
measure which had a tendency to lead us to
fortune, or to raise us from adversity, was con-
tinually sacrificed. But the happy hour has
arrived, that hails us masters of ourselves. with
an uncontrollable right of enacting such laws
as public necessity shall dictate. It is therefore
a matter, which the commercial part of the
community have a right to demand. and which
all ought devoutly to wish, that the Legislature
would immediately revise the imperfect code of
commercial laws, that has hitherto subsisted;
and make such salutary additions as this country
has long groaned for the want of.

This State ought particularly to encourage
the merchant, as we possess only one maritime
town, and at best, can reap but in a small de-
gree, those advantages, which an extensive
commerce must yield to sister States. But this
very circumstance unhappily has, and probably
will contribute to the neglect of this important
concern, as there can of course be but few in the
representative body, that are immediately inter-
esting in trade: the catalogue of the lower house
at present appears without the name of a mer-
chant. Notwithstanding, we presume their wi-
dom and liberality will lead them to prosecute a
matter of this moment; although they may not
be individually prompted to it by immediate
interest.

The numerous casualties and misfortunes.
which are peculiarly attendant on trade.by which
those who are to day wealthy and prosperous.
may tomorrow (without fault of their own) be
reduced to indigence and beggary, have induced
most nations to enact particular laws for the relief
of that part of the community, whose occupation
necessarily exposes them to such cruel re-
verses: for as mutual and extensive credit is the
soul of commerce, the failure of one trader must
oftentimes involve thousands in his ruin.

It has been justly observed, that in proportion
as civilization has advanced. the lenity of laws
towards unfortunate debtors has increased. In
barbarous ages, an inhumane creditor might
confine the person of his unfortunate debtor in
chains, put him to the most excruciating tor-
ture, violate the chastity of his wife, and sell
them and their wretched offspring in foreign
countries for slaves. It is further said, that at
some periods, even the body of the unhappy
debtor was liable to be cut into pieces, and dis-
tributed among his remorseless creditors..But
when christianity began to diffuse its benign in-
fluences among the nations, the cold hearts of
mankind became alive to the soft feelings of
pity ; shocked at such barbarities, they no longer
could brook the idea, that those. who were
already ruined in their fortunes. should likewise
be liable to suffer in their persons : they consi-
dered the total loss of interest, and poverty with
her train of ghastly attendants, as punishments
alone too great for those, who had been accus-
tomed to better days ; and as mankind are apt
to pass from one extreme to its opposite, in the
warmth which such inhumanities had kindled,they
framed laws, by which the debtor,on making oath
that he had by misfortunes, been rendered inca-
pable of discharging his debts, was fully exempt-
ed from all future demands.and even allowed to
retain all he had left. But when passion had
time to subside, a middle and more equitable
course was adopted, which at this hour is receiv-
ed and practised by every commercial country
in Europe. The honest bankrupt, by surren-
dering the remains of his wreck'd fortune to the
disposal of his creditors, is freed from all future
demands, and allowed a small dividend of what
they amount to, for his present subsistence and
future encouragement. Thus the unfortunate
trader. has once more a chance of rising in the
world, and society of receiving the benefit of an
useful member. who, but for the humane provi-
sion of such laws, would be lost forever,

As the intercourse between America and
Europe increases, reasons wil daily occur for
adopting a new system of commercial juris pru-
dence ; as the merchants of the two countries,
now stand on o very unequal a footing: Ifa
trader in Europe fails in the debt of an Ame-
rican, the latter on obtaining his proportion of the
remaining effects, is compelled to allow him a
part of their amount, and to grant him an acquit-
tance forever. But reverse the tables, and in
similar circumstances let us read our own fate.
An American, who by unavoidable misfortunes
is rendered incapable of discharging a foreigner's
demands, lies wholly at his mercy,and even our
own laws lend an unfeeling creditor their aid.
in driving the wretched to despair. All his
effects are liable to be seized. and when his
rapacious creditor has rob'd him ol his last far-
thing; he still has it in hio option, to deprive
him forever, ofall possibility of obtaining sub-
sistence for himselfor his unhappy and helpless
dependents. To gratify a avage reentiment,
he tnay (on paying five shillings per week)
confine the unoffending obiect of his malice to
a noisome prion for life. and leave his forlorn
family a prey to the horrors of poverty, infamy
and shame;

Thus may the honest. the once reputable and
industrious merchant. to whon no fault can be
imputed but misfortunes to which all merchants
mut inevitably be exposed ; thus may the man,
who might be an ornament to society,and a bles-
sing to the world,by the hard hand of a rigorous
creditor, be in a moment thrown. from the pin-
nacle of affluence, to the abyfs of want : from
the sweet elyium of hope, to the dark gulph of
despair ; from the pleasures of his house. to the
horrors of a jail, and from the convere of his
family, to the society of murderers and thieves.
Let us not enter the door of his gloomy abode,
but drop the curtain over cenes, too shocking
to behold. too shameful to relate. Justice and
humanity join the cries of distress, in demanding
a redress of this evil : the powerful hand of the
Legislator only, can apply an adequate remedy:
In the present eion, it is hoped, that this will
be an object of immediate attention ; and that
such laws will be provided, as will place the
merchants of this country, on an equality in this
respect, with those of orher nations.

ARISTIDES.