Crime & punishment > Essay on crimes and punishments

CSumes and Punishments. 137”
CHAP. XXXIV.
Of Bankrupts.
THE neceffity of good faith in contracts
and the fupport of commerce, oblige the legifla-
tore to fecure, for the creditors, the perfons of
bankrupts. It is, however, neceflafy to diftinguifh
between the fraudulent and the honeft bankrupt.
The; fraudulent bankrupt Ihould be punilhed in
the fame manner with him who adulterates the
coin ; for to falfify a piece of coin, which is a
pledge of the mutual obligations between citi¬
zens, is not a greater crime than to violate the
obligations themfelves. But the bankrupt who, ,
after a ftritt examination, has proved before
proper judges, that either the fraud or Ioffes of
others, or misfortunes unavoidable by human
prudence, have ffript him of his fubftance; up¬
on what barbarous pretence as he thrown in- -
to prifon, and deprived of the only remaining
good, the melancholy enjoyment of mere liber¬
ty? Why is he ranked with criminals, and in
defpair compelled to repent of his honefty? ,
Confcious of his innocence, he lived eafy and
happy under the protection of thofe laws, which, .
it is true,, he violated, but not intentionally. .