"And yet he was happiest then," observed her grandfather. "But what became of poor Geneviève?" asked Henriette, after a pause. "She is still alive; grief does not kill, my child!" "It would be better I think if it did!" said the little lady, earnestly; and so ended the story of Jean Malanotti." SOME REMARKS ON THE "SUUM CUIQUE." Ουκ ἂν ἀποδοίην ουδ ̓ ἂν ὀβολὸν ὀνδενι. Base is the slave that pays. ARISTOPHANES. SHAKSPEARE. Ir to have outgrown the simple institutes of their more primitive ancestors be a characteristic of civilized nations, the English, it must be allowed, are civilized with a vengeance. Let it not, however, be imagined from this exordium, that our present purpose is to come Jeremy Bentham over the legal wisdom of the age, or to run a tilt against our glorious constitution in church and state," and the security for life and property, which it does not afford to the subject. As far at least as an essayist can, at the opening of a paper, see his way to its conclusion, we have no such intention; but, should it turn out that, currente calamo, we change our minds, let it suffice that second thoughts are best, without need for saying more on the matter. That the laws of this most civilized nation (for we leave "free and enlightened citizens" to the exclusive use of brother Jonathan) have, like some ill-weed of a schoolboy, outgrown their smallclothes, is an undeniable truth; but the matter stops not there still greater and more important changes have likewise been effected in our ancient usages, morals, and principles (as they are called), in regard to those actions which come not within the purview of the criminal code. This is a matter the more worthy of note and comment, because it concerns a department in life exempt from all authoritative control, in which the patient is left to administer to himself. and consequently takes as little physic as he can help; so that, were it not for the kind intervention of such friendly advisers as ourselves, and other volunteer lecturers on every thing in nature, and something beside, the people would be left to go their own way, along the "primrose path" that leads to so unpleasant a terminus. To argue this matter en thèse générale, and to exhaust the entire field of inquiry, would be too much for a single paper; besides that, we have already touched upon several of the leading topics, in the course of our many "auld lang syne" gossips with our friends of the New Monthly. We shall therefore confine ourselves for the present, to an examination of that branch of modern morality, which consists in the payment of debts. This matter we have selected, not so much for the novelty of the subject, as for the clearness with which it illustrates the general doctrine. The strictness of the Mosaic code in the matter of debt must be well known to all who have had dealings with that thirteenth tribe of Israel, who enjoy, par excellence, the appellation of "the Jews," and who, when the fulness of time is accomplished, are very inconveniently troublesome in their desire to make their debtors duly sensible of their obligations to" book up" with punctuality. The relation of debtor and creditor enters also very deeply into the general working of society, and, more than any other branch of morals, demonstrates the incompatibility of the Mosaic law with the actual necessities of the civilized world. In most other instances, although the Decalogue may be held equally cheap in reality, there is still a certain modesty or shamefacedness preserved as to its violations. In those breaches of the eighth commandment, for example, which promote a spirit of emigration, men do not, as yet, proclaim their independence at the market-cross; whereas, in that particular branch of the suum nemini, which relates to debt, there are none so squeamish as not to boast of doing a creditor. Mind, we do not say, to boast of" not being able to pay,' that is quite another case, and governed by its own laws. On the contrary, the more notoriously a debtor is in condition to pay his creditor without inconvenience, the more stringent is the necessity under which he lies of not setting a bad example, and of avoiding to impair his potentiality, by calling it improperly into activity; that is to say, in the words of a noble supporter of our doctrine, by "frittering away one's fortune in the payment of tradesmen's bills." In what manner the progress of civilization has affected the obligations of the debtor, it is easy to show, if indeed, it be not too self-evident to require illustration. To pay one's just debts might in a nascent state of society, have been within the power of any individual disposed to take the necessary steps to that end. Nay, the tradition of such refundings still lives in the history of commerce. But where the solvency existed, there was also a certain moral fitness in the act, arising out of the smallness of the national capital, and the consequent low state of credit. If we look back into our history for the conduct of those bold barons, who fought at Runnimede and elsewhere for our liberties, that they might themselves take liberties with them, when conquered, we find this illustrated in the amplest manner. For it appears that when they had got in debt to the Jews, their contemporaries, and forgot to pay, they were so disagreeably embarrassed by the aspect of their creditors, that the only mode of relief was by something like an auto-da-fé. In latter times, when cash was more abundant and credit firmer, this violence was exchanged by an ex parte law against usury while in the present more prosperous day, the affair is arranged à l'aimable. The lender has no great expectations of prompt payment, or is in no immediate want of money, and the borrower does not care three farthings for what may happen in time to come; après moi le deluge is his light-hearted motto; and he abstains from voies de fait accordingly. It may therefore be laid down as a rule, that none but a vulgarian -a man without credit (that is, a discreditable man)-thinks it necessary to kick his tailor down stairs. A gentle application of the oil of fool may sometimes be necessary to calm an impatient schneider; but generally speaking, he will be found willing enough to renew your bill, as long as you can make it clearly worth his while to show such forbearance. That in the present state of society, the power of discharging debt is materially impaired, if not wholly destroyed, the statistics of Whitecross-street sufficiently declare, No fortune less than a millionaire's can suffice even for those menus plaisirs, so absolutely necessary to modern existence, which custom has ever assigned to the department of ready money transactions. Not to speak of weightier particulars, the necessary expenditure on clean gloves is enough to render the payment of tailors' bills impossible. How, too, can the man who has paid ready money for his necessary hunters and his hacks, find wherewith to discharge a paltry bill with the livery-stable keeper? Why, the very club subscriptions of London would eat up all the aes in præsenti of a captain or a major; while the mere opera-stalls at two guineas a night would reduce any thing under an elder brother to absolute impecuniosity. With the possibility, the obligation of repayment has very materially diminished under the march of mind; in which there is a fine instance of providential adaptation. To prove the fact, we need only mention that the trade of this country is mainly supported by speculation; for it must be evident that there is nothing more likely to cripple the speculative spirit in man, than the apprehension of being called upon to discharge the debts incidental on an error of calculation. In strict accordance with this verity, we find a progressive tendency in the legislature to remove, one by one, those penal consequences which heretofore surrounded the rights of the creditor. There are, we are aware, those who would attribute such humane changes to an improvement in the national sensibilities, rather than to any direct purpose of upholding the credit system in the affairs of the country. But if the legislature had merely considered the question as between debtor and creditor, there was law enough in existence to solve the difficulty. “Où il n'y a rien, le roi perd ses droits," and "nem tenetur ad impossibile," are admitted maxims, which at all times have applied very closely to the case of the insolvent. The difficulty was to deal with those who can pay, but who prefer imprisonment to prompt payment, so as not absolutely to discourage speculative enterprise; and the truth is acknowledged both by judges and defendants, in their various discussions with and under the statute. The whole philosophy, then, of the modern code of insolvency very manifestly goes to diminish the risks attendant on the exercise of uncapitalled industry. In the matter of speculation, the greater the number of hazards, the better the game; it would not then do to paralyze the enterprise by despair, and by the perspective of incarceration for life. To put this fact in the strongest point of view, we need only look to the exceptions, which in the present instance most strikingly prove the rule. There are, it is pretty generally known, cases in which the law still enforces payment, and in which consequently it is immoral not to pay. Now it will be found that this state of things, which is a seeming imperfection, is itself also a result of the general necessity for an abundant credit. If an exemption from the obligations of common honesty were absolute and universal, credit itself would be at an end, just the same as if it were too much shackled. If the law were too strict, no one would borrow; if it were totally silent, no one would trust. The line to be drawn, then, is that of the juste milieu; and the problem to be solved, is to determine the minimum of restraint which is requisite to the maintenance of credit, so as to give a maximum development to the spirit of speculation. So, on the other hand, the practical rule for the payment of debts is based on a similar respect for public credit. On the Stock Exchange, for instance, we find gamblers paying their losses with the utmost punctuality, when they might easily have levanted, and let their broker in for the difference. Now this punctuality has the prospective advantage of seducing the broker into additional confidence; and he goes on doing business for his honest principal, who probably has robbed half the world to make good his engagements. Accordingly, when this advantage can no longer be obtained, and the party is regularly cleared out, he walks off with the ready cash, instead of paying it, because credit is of no further value to him. Governed by the same principle, there are certain candidates possessed with a horror of bribery, who, as we have recently learned, carry their elections by means of head-money, and pay the amount with the utmost punctuality when the time for petitioning is passed. This they continue to do, though under no legal obligation, as long as they desire to be returned another time ;-but when they cease to require this species of credit, the case is changed; and the electors are served as they merit. Thus it is that we arrive at a knowledge of the true meaning and intent of that part of the code of honour, which so strictly enjoins the payment of gaming debts, to the exclusion of tradesmen and their starving families. The code of honour having been formed for the exclusive use of gentlemen, can only be governed by the necessities of gentlemen. But it is notorious that no class of persons in these realms are more habitually pressed for ready money, than the fine gentleman. If the payments of gambling debts, therefore, were delayed, gentlemen would be so far distressed, that they would give up gambling altogether;-just as we are told they will give up the cultiva tion of the earth, when the corn laws are repealed. On the other hand, the distresses of tradesmen are the affair of tradesmen; and as experience has proved that no amount of delay will prevent their giving the desired credit, to any one possessed of the vaguest reputation for wealth, it is the affair of no one else. This, too, explains another particular in the law of honour, namely, why the obligation to pay gambling debts is not placed under the sanctions of the law, but is enforced by the authority of the pistol. Had the necessities of the case been less pressing, it might have been trusted, like other cases of debt, to the administrations of that "halting legate," the sheriff; but a gentleman's want of money will not brook the law's delay; and the feather spring is called in, the better to ensure punctuality and prompt payment. It has been well observed by profound political writers, that usage precedes law, and that nations must be free de facto, before they can become so de jure. This is fully evinced in the article of debt, in which the finger of necessity may be seen at every step, pointing forward to new institutions forced on our adoption for the better accommodation of law to fact. Thus at the moment when we write, the statute-book is still (as we have said) incumbered with a few laws to provide for the payment of debt; although, to give every one his due, creditors seldom go to the expense of invoking their assistance, except when there is some chance of assets to pay the costs. The laws, however, are there; but what says the universal custom of trade? We shall only refer to the eagerness which all tradesmen show to get the merest strangers into their books, and the zeal with which they press their goods upon those whose modesty would otherwise prevent them from accepting credit,-in order to satisfy the most sceptical, that the expectation of early repayment must be the very last idea to enter into a retailer's head. It is a well-known fact, that not even a residence in the Queen's Bench is any bar to the obtainment of credit to any amount, if he who wants the accommodation knows how to set about it. In wholesale and commercial transactions, the point is still more clearly evidenced. The first object of the great dealer is, to get off his goods;-to a safe customer, if possible, but quocunque modo to get off his goods. In trade, if a bill be not necessarily a kite, a kite is a bill; and every bill is good, till it is dishonoured. But a bill is not dishonoured till it is due; and, in the mean time, vogue la galère. This is so universally understood, that whenever a man's turn comes round for getting into the gazette, the greatest compassion and forbearance are shown to him, no matter how desperate may have been the game which has brought him into the predicament. A fellow-feeling makes us wondrous kind; and it is more than probable that the very failure of the bankrupt in question may become the fruitful parent of many others, among even his own creditors, or assignees. This necessary condition of trade subsisted and grew up, for long years before it was openly acknowledged in moral systems; but now it is thoroughly understood, that a bankruptcy, like an illegitimate child at the breast, is "a misfortin," but no moral fault. The consequence to the law of the land is not difficult to foresee. It has already relaxed the penal sanctions for repayment in a notable degree; and will probably relax them still more, until their operation will ultimately be confined to the pettifogging dealings of retail trade, in which nobody, who is any body, is materially interested. The spirit of the times, as respects repayment, is manifested in many other particulars, not very immediately connected with the subject itself, but which may serve still further to illustrate it. Thus the consummation of the system would be an universal giving of credit, with an universal disposition to avoid paying. Now what is that, but the community of all things in Mr. Owen's parallelograms, so eagerly desired by the labouring classes both in England and in France? In politics, hard names do break bones, and a good nickname is half the |