as a species of cabinet-justice. Nor should the granting of them be compared with the pardoning power. In the case of a pardon, the offended State forgives. In this case it sacrifices the unquestionable right of one party to the very doubtful advantage of another. Where such letters are granted in great numbers, credit cannot fail to suffer. "Quinquinnellen gehören in die Höllen!" Yet in troublous times, when a great many debtors are insolvent at the same time, the question of modifying the laws relating to debt, temporarily, has been mooted. It has been urged on such occasions, that it would be a matter of enormous difficulty to treat, lege artis, thousands as bankrupts at once; that thousands of businesses would have to be closed, their stocks cast upon the market at mock prices, and their employees thrown out of employment. But, if certain privileges were to be accorded to all who should declare themselves unable to meet their obligations before a certain day, it would be known, at least, that the others were in a solid condition; and this would have the effect to strengthen the credit which had been before universally shaken. We must, however, leaving all cases of abuse out of the question, remember, that a really unrightful favor, granted to the debtor, may possibly entail the ruin of his creditor. Besides, the uncertainty of the law would have a much worse effect on credit than uncertainty as to the personal status of individuals. Where, as is the case generally in inferior stages of civilization, debtors and creditors form two distinct classes, the question of right is not, indeed, changed, but there is a solid basis afforded for the political admeasurement of opposing interests. In another should be valid as against its citizens. (Roth, Geschichte des Nürnb. Handels, I, 86.) 3 Compare the discussions in the French National Assembly, in the month of August, 1848. It is much less disadvantageous in times of great commotion, when all business is brought to a stand still, to extend the time in which bills of exchange etc. are payable. Such a measure prevents a number of bankruptcies which the real balance of debts due to one and owing by him does not render necessary. work I have shown how, after great wars, land owners, who became involved in debt, have been protected against capitalists. (See Roscher, Nationalökonomik des Ackerbaues, § 137, ff.) 45 4 In the persecution of the Jews in the middle ages, the so-called Brieftödten (letter-killing), or the destruction of titles, was very common. In 1188, the French government released all crusaders from the payment of interest on their debts, and granted them an extension of three years' time to pay off the principal. (Sismondi, Hist. des Français, VI, 82.) Similar compulsory measures were provided against the Jews and usurers in 1223 (Ibid, VI, 539 ff.); and in 1299 (Ordonnances, I, 1331), on the formal request of the nobility. (Ordonnances, II, 59.) Again, in 1594, there was a release of onethird of the interest on all national and private debts. (Sismondi, XXI, 318.) The general moratorium of the Milanese for a term of eight years, introduced in 1251, after their war with France, was of an essentially different character. (Sismondi, Geschichte der italienischen Republiken, III, 155.) The same is true of the general indult granted by Philip II. in Belgium. (Boxhorn, Disquisitt. politicæ, 241 ff.) 5 The abolition or release of debts, so frequent in ancient revolutionary times, reminds us, in many ways, of the crises precipitated in modern times by paper money and produced by the state. The ancestors of Alcibades and Hipponikos laid the foundation of an immense fortune, in Solon's time, by purchasing land in large quantities with money borrowed from several citizens, a short time before the abolition of debts. (Plutarch, Sol., 15.) |