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9 March 1816
Insolvency
III. So much for the blameless and the blameworthy.
What is above a theory, let us come now to practice.
In relation to practice, on this ground the object of the present
paper is to be preach a new doctrine, a doctrine which
being new will therefore by the Lawyers and
of the day, be accordingly pronounced at once visionary
and dangerous – Distinguish between the guiltless and the
guilty.
Yes: in the dispensation visitation what you administer, distinguish,
were it only for this , between the guiltless and
the guilty.
Yet even before you proceed to a discrimination thus necessary
let one of one still more necessary measure let one measure of a still anterior necessity be carried into
effect – a measure the burthen of which must like the
benefit of the rain fall alike be down upon pest and unjust for the benefit of his creditors, extract
from a man, for the benefit of his creditors to which class one of the two classes soever he belongs,
whatsoever of the matter of wealth whatsoever, in a word
of any matter applicable to the purpose of just satisfaction
is either in his possession or at his command.
How so ever it be whatsoever instrument applicable
to this purpose is at the command of the minister
of justice to this purpose let it be applied.
Applied? what for why should it not be applied? The
debtor is blameless. True. Be it so. But the creditor,⊞1 ⊞1 unless when anything in particular appears to the contrary, is he not
equally so? But that the debtor is blameless,⊞2 ⊞2 though so far as concerns presumptions this is always the proper one, can never
be quite so sure, as it is that the creditor is entitled to his
own. Without the consent of the creditor himself, leave in the hands of the
debtor any the least portion of that which of req by the very supposition
belongs
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jeremy bentham |
john dickinson & c<…> 1813 |
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a. levy |
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