No. 22. SATURDAY, SEPTEMBER 16, 1758.

TO THE IDLER.

SIR,

As I was passing lately under one of the gates of this city, I was struck with horrour by a rueful cry, which summoned me to remember the poor debtors.

The wisdom and justice of the English laws are, by Englishmen at least, loudly celebrated; but scarcely the most zealous admirers of our institutions can think that law wise, which, when men are capable of work, obliges them to beg; or just, which exposes the liberty of one to the passions of another.

The prosperity of a people is proportionate to the number of hands and minds usefully employed. To the community, sedition is a fever, corruption is a gangrene, and idleness an atrophy. Whatever body, and whatever society, wastes more than it acquires, must gradually decay; and every being that continues to be fed, and ceases to labour, takes away something from the publick stock.

The confinement, therefore, of any man in the sloth and darkness of a prison, is a loss to the nation, and no gain to the creditor. For, of the multitudes who are pining in those cells of misery, a very small part is suspected of any fraudulent act by which they retain what belongs to others. The rest are imprisoned by the wantonness of pride, the malignity of revenge, or the acrimony of disappointed expectation.

If those who thus rigorously exercise the power which the law has put into their hands, be asked, why they continue to imprison those whom they know to be unable to pay them? one will answer, that his debtor once lived better than himself; another, that his wife looked above her neighbours, and his children went in silk clothes to the dancing-school; and another, that he pretended to be a joker and a wit. Some will reply, that if they were in debt they should meet with the same treatVOL. V. G

ment; some, that they owe no more than they can pay, and need therefore give no account of their actions. Some will confess their resolution, that their debtors shall rot in jail; and some will discover, that they hope, by cruelty, to wring the payment from their friends.

The end of all civil regulations is to secure private happiness from private malignity; to keep individuals from the power of one another: but this end is apparently neglected, when a man, irritated with loss, is allowed to be the judge of his own cause, and to assign the punishment of his own pain; when the distinction between guilt and happiness, between casualty and design, is intrusted to eyes blind with interest, to understandings depraved by resentment.

Since poverty is punished among us as a crime, it ought at least to be treated with the same lenity as other crimes: the offender ought not to languish at the will of him whom he has offended, but to be allowed some appeal to the justice of his country. There can be no reason why any debtor should be imprisoned, but that he may be compelled to payment; and a term should therefore be fixed, in which the creditor should exhibit his accusation of concealed property. If such property can be discovered, let it be given to the creditor; if the charge is not offered, or cannot be proved, let the prisoner be dismissed.

Those who made the laws have apparently supposed, that every deficiency of payment is the crime of the debtor. But the truth is, that the creditor always shares the act, and often more than shares the guilt, of improper trust. It seldom happens that any man imprisons another but for debts which he suffered to be contracted in hope of advantage to himself, and for bargains in which he proportioned his profit to his own opinion of the hazard; and there is no reason, why one should punish the other for a contract in which both concurred.

Many of the inhabitants of prisons may justly complain of harder treatment. He that once owes more than he can pay, is often obliged to bribe his creditor to patience by increasing his debt. Worse and worse commodities, at a higher and higher price, are forced

upon him; he is impoverished by compulsive traffick, and at last overwhelmed, in the common receptacles of misery, by debts which, without his own consent, were accumulated on his head. To the relief of this distress, no other objection can be made, but that by an easy dissolution of debts fraud will be left without punishment, and imprudence without awe; and that, when insolvency should be no longer punishable, credit will

cease.

The motive to credit is the hope of advantage. Commerce can never be at a stop, while one man wants what another can supply; and credit will never be denied, while it is likely to be repaid with profit. He that trusts one whom he designs to sue, is criminal by the act of trust; the cessation of such insidious traffick is to be desired, and no reason can be given why a change of the law should impair any other.

We see nation trade with nation, where no payment can be compelled. Mutual convenience produces mutual confidence; and the merchants continue to satisfy the demands of each other, though they have nothing to dread but the loss of trade.

It is vain to continue an institution which experience shows to be ineffectual. We have now imprisoned one generation of debtors after another, but we do not find that their numbers lessen. We have now learned, that rashness and imprudence will not be deterred from taking credit; let us try whether fraud and avarice may be more easily restrained from giving it. I am, Sir, &c.

No. 23. SATURDAY, SEPTEMBER 23, 1758.

LIFE has no pleasure higher or nobler than that of friendship. It is painful to consider, that this sublime enjoyment may be impaired or destroyed by innume

rable causes, and that there is no human possession of which the duration is less certain.

Many have talked, in very exalted language, of the perpetuity of friendship, of invincible constancy, and unalienable kindness; and some examples have been seen of men who have continued faithful to their earliest choice, and whose affection has predominated over changes of fortune and contrariety of opinion.

But these instances are memorable, because they are rare. The friendship which is to be practised or expected by common mortals, must take its rise from mutual pleasure, and must end when the power ceases of delighting each other.

Many accidents therefore may happen, by which the ardour of kindness will be abated, without criminal baseness or contemptible inconstancy on either part. To give pleasure is not always in our power; and little does he know himself, who believes that he can be always able to receive it.

Those who would gladly pass their days together may be separated by the different course of their affairs ; and friendship, like love, is destroyed by long absence, though it may be increased by short intermissions. What we have missed long enough to want it, we value more when it is regained; but that which has been lost till it is forgotten, will be found at last with little gladness, and with still less if a substitute has supplied the place. A man deprived of the companion to whom he used to open his bosom, and with whom he shared the hours of leisure and merriment, feels the day at first hanging heavy on him; his difficulties oppress and his doubts distract him; he sees time come and go without his wonted gratification, and all is sadness within, and solitude about him. But this uneasiness never lasts long; necessity produces expedients, new amusements are discovered, and new conversation is admitted.

No expectation is more frequently disappointed, than that which naturally arises in the mind from the prospect of meeting an old friend after long separation. We expect the attraction to be revived, and the coalition to be renewed; no man considers how much alteration time has made in himself, and very few inquire what

effect it has had upon others. The first hour convinces them, that the pleasure which they have formerly enjoyed is for ever at an end; different scenes have made different impressions; the opinions of both are changed; and that similitude of manners and sentiment is lost, which confirmed them both in the approbation of themselves.

Friendship is often destroyed by opposition of interest, not only by the ponderous and visible interest which the desire of wealth and greatness forms and maintains, but by a thousand secret and slight competitions, scarcely known to the mind upon which they operate. There is scarcely any man without some favourite trifle which he values above greater attainments, some desire of petty praise which he cannot patiently suffer to be frustrated. This minute ambition is sometimes crossed before it is known, and sometimes defeated by wanton petulance: but such attacks are seldom made without the loss of friendship; for, whoever has once found the vulnerable part will always be feared, and the resentment will burn on in secret, of which shame hinders the discovery.

This, however, is a slow malignity, which a wise man will obviate as inconsistent with quiet, and a good man will repress as contrary to virtue; but human happiness is sometimes violated by some more sudden strokes.

A dispute begun in jest upon a subject, which a moment before was on both parts regarded with careless indifference, is continued by the desire of conquest, till vanity kindles into rage, and opposition rankles into enmity. Against this hasty mischief, I know not what security can be obtained: men will be sometimes surprised into quarrels; and though they might both hasten to reconciliation, as soon as their tumult had subsided, yet two minds will seldom be found together, which can at once subdue their discontent, or immediately enjoy the sweets of peace, without remembering the wounds of the conflict.

Friendship has other enemies. Suspicion is always hardening the cautious, and disgust repelling the delicate. Very slender differences will sometimes part those whom long reciprocation of civility or beneficence