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EARLY in life, Mr. Jenkins had been what is called unfortunate in business. Either from the want of right management, or from causes that he could not well control, he became involved, and was broken all to pieces. It was not enough that he gave up every dollar he possessed in the world. In the hope that friends would interfere to prevent his being sent to jail, some of his creditors pressed eagerly for the balance of their claims, and the unhappy debtor had no alternative but to avail himself of the statute made and provided for the benefit of individuals in his extremity. It was a sore trial for him; but any thing rather than to be thrown into prison.

After this tempest of trouble and excitement, there fell upon the spirits of Mr. Jenkins a great calm. He withdrew himself from public observation for a time, but his active mind would not let him remain long in obscurity. In a few months, he was again in business, though in a small way. His efforts were more cautiously directed than before, and proved successful. He made something above his expenses during the first year, and after that accumulated money rapidly. In five or six years, Mr. Jenkins was worth some nine or ten thousand dollars.

But with this prosperity came no disposition on the part of Mr. Jenkins to pay off his old obligations. “They used the law against me,” he would say, when the subject pressed itself upon his mind, as it would sometimes do, “and now let them get what the law will give them.”

There was a curious provision in the law by which Jenkins had been freed from all the claims of his creditors against him; and this provision is usually incorporated in all similar laws, though for what reason it is hard to tell. It is only necessary to promise to pay a claim thus annulled, to bring it in full force against the debtor. If a man owes another a hundred dollars, and, by economy and self-denial, succeeds in saving twenty dollars and paying them to him, he becomes at once liable for the remaining eighty dollars, unless the manner of doing it be very guarded, and is in danger of a prosecution, although unable to pay another cent. A prudent man, who has once been forced into the unhappy alternative of taking the benefit of the insolvent law, is always careful, lest, in an unguarded moment, he acknowledge his liability to some old creditor, before he is fully able to meet it. Anxious as he is to assure this one and that one of his desire and intention to pay them, if ever in his power, and to say to them that he is struggling early and late for their sakes as well as his own, his lips must remain sealed. A word of his intentions, and all his fond hopes of getting fairly on his feet again are in danger of shipwreck.

Understanding the binding force of a promise of this kind, made in writing or in the presence of witnesses, certain of the more selfish or less manly and honorable class of creditors are ever seeking to extort by fair or foul means, from an unfortunate debtor, who has honestly given up every thing, an acknowledgment of his indebtedness to them, in order that they may reap the benefit of his first efforts to get upon his feet again. Many and many an honest but indiscreet debtor has been thrown upon his back once more from this cause, and all his hopes in life blasted for ever. The means of approach to a debtor, in this situation, are many and various. “Do you think you will ever be able to do any thing on that old account?” blandly asked, in the presence of a third party, is answered by, “I hope so. But, at present, it takes every dollar I can earn for the support of my family.” This is sufficient–the whole claim is in full force. In the course of a month or two, perhaps in a less period, a sheriff’s writ is served, and the poor fellow’s furniture, or small stock in trade, is seized, and he broken all up again. To have replied–“You have no claim against me,” to the insidious question, seemed in the mind of the poor, but honest man, so much like a public confession that he was a rogue, that he could not do it. And yet this was his only right course, and he should have taken it firmly. Letters are often written, calling attention to the old matter, in which are well-timed allusions to the debtor’s known integrity of character, and willingness to pay every dollar he owes in the world, if ever able. Such letters should never be answered, for the answer will be almost sure to contain something that, in a court of justice, will be construed into an acknowledgment of the entire claim. In paying off old accounts that the law has cancelled, which we think every man should do, if in his power, the acknowledgment of indebtedness never need go further than the amount paid at any time. Beyond this, no creditor, who does not wish to oppress, will ask a man to go. If any seek a further revival of the old claim, let the debtor be aware of them; and also, let him be on his guard against him who in any way alludes, either in writing or personally, to the previous indebtedness.