"There is no one here who will lend me four thousand dollars upon that piece of property," said I.
"I don't know but one man who is likely to do it," was answered.
"Who is that?" I asked, eagerly.
"John Mason."
"John Mason! I'll never go to him."
"Why not?"
"I might as well remain where I am as get into his hands—a sharper and a lawyer to boot. No, no. Better to bear the evils that we have, than fly to others that we know not of."
"You may get assistance somewhere else, but I am doubtful," said the man; and, bowing politely, passed on, and left me to my own unpleasant reflections.
Laxton made as quick work of the business as the nature of the case would admit, and in a very short time the property was advertised at public sale. As the time for the sale approached, the great desire to prevent the sacrifice that I was too well assured would take place, suggested the dernier resort of ailing upon Mason; but my prejudice against the man was so strong, that I could not get my own consent to do so.
On the day before the sale, I met the individual before alluded to.
"Have you been to see Mason?" he asked.
I shook my head.
"Then you have made up your mind to let that scoundrel, Laxton, fleece you out of your property?"
"I see no way of preventing it."
"Why don't you try Mason?"
"I don't believe it would do any good."
"I think differently."
"If he did help me out of this difficulty," I replied, "it would only be to get me into a more narrow corner."
"You don't know any such thing," said the man, a different tone from any in which he had yet taken when Mason was the subject of our remarks.
"Think, for a moment, upon the basis of your prejudice; it lies mainly upon the assertion of Laxton, from your own experience has proved to be a scoundrel. The fact is, your estimate of Mason's character is entirely erroneous. Laxton hates him, because he has circumvented him more than a dozen times in his schemes of iniquity, and will circumvent him again, if I do not greatly err, provided you give him the opportunity of doing so."
There was force in the view. True enough; what confidence was there to be placed in Laxton's words? And if Mason had circumvented him; as was alleged, of course there was a very good reason for detraction.
"At what hour do you think I can see him?" said I.
"I believe he is usually in about twelve o'clock."
"I will see him," said I, with emphasis.
"Do so," returned the man; "and may your interview be as satisfactory as you can desire."
At twelve, precisely, I called upon Mason, not without many misgivings, I must own. I found my prejudices still strong; and as to the good result, I could not help feeling serious doubts. On entering his office, I found no one present but the individual under whose advice I had called.
"Mr. Mason is not in," said I, feeling a little disappointed.
"Oh, yes, he is in," was replied. I looked around, and then turned my eyes upon the man's face. I did not exactly comprehend its expression.
"My name is John Mason," said he, bowing politely; "so be seated, and let us talk over the business upon which you have called on me."
I needed no invitation to sit down, for I could not have kept my feet if I had tried, so suddenly and completely did his words astonish and confound me.
I will not repeat the confused, blundering apologies I attempted to make, nor give his gentlemanly replies. Enough, that an hour before the time at which the sale was advertised to take place on the next day, I waited upon Laxton.
"Be kind enough," said I, "to let me have that obligation upon which your present stringent measures are founded. I wish to take it up."
The man looked perfectly blank.
"Mr. John Mason," said I, "has generously furnished me with the funds necessary to save my property from sacrifice, and will take the securities you hold."
"Blast that John Mason!" ejaculated Laxton, with excessive bitterness, turning away and leaving where I stood. I waited for ten minutes, but did not come back. A suspicion that he meant let the sale go on, if possible, crossed my mind, and I returned to Mason, who saw the sheriff and the whole matter arranged.
Laxton has never spoken to me since. As for "That John Mason," I have proved him to be fast friend, and a man of strict honour in every thing. So much for slander.
A NEW WAY TO COLLECT AN OLD DEBT
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.
But we have digressed far enough. Mr. Jenkins, we are sorry to say, was not of that class of debtors who never consider an obligation morally cancelled. The law once on his side, he fully made up his mind to keep it for ever between him and all former transactions. Sundry were the attempts made to get old claims against him revived, after it was clearly understood that he was getting to be worth money; but Jenkins was a rogue at heart, and rogues are always more wary than honest men.
Among the creditors of Jenkins, was a man named Gooding, who had loaned him five hundred dollars, and lost three hundred of it—two-fifths being all that was realized from the debtor's effects. Gooding pitied sincerely the misfortunes of Jenkins, and pocketed his loss without saying a hard word, or laying the weight of a finger upon his already too heavily burdened shoulders. But it so happened, that as Jenkins commenced going up in the world, Gooding began to go down. At the time when the former was clearly worth ten thousand dollars, he was hardly able to get money enough to pay his quarterly rent-bills. Several times he thought of calling the attention of his old debtor to the balance still against him, which, as it was for borrowed money, ought certainly to be paid. But it was an unpleasant thing to remind a friend of an old obligation, and Gooding, for a time, chose to bear his troubles, as the least disagreeable of the two alternatives. At last, however, difficulties pressed so hard upon him, that he forced himself to the task.
Both he and Jenkins lived about three-quarters of a mile distant from their places of business, in a little village beyond the suburbs of the city. Gooding was lame, and used to ride to and from his store in a small wagon, which was used for sending home goods during the day. Jenkins usually walked into town in the morning, and home in the evening. It not unfrequently happened that Gooding overtook the latter, while riding home after business hours, when he always invited him to take a seat by his side, which invitation was never declined. They were, riding home in this way, one evening, when Gooding, after clearing his throat two or three times, said, with a slight faltering in his voice—"I am sorry, neighbour Jenkins, to make any allusion to old matters, but as you are getting along very comfortably, and I am rather hard pressed, don't you think you could do something for me on account of the three hundred dollars due for borrowed money. If it had been a regular business debt, I would never have said a word about it, but"—
"Neighbour Gooding," said Jenkins, interrupting him, "don't give yourself a moment's uneasiness about that matter. It shall be paid, every dollar of it; but I am not able, just yet, to make it up for you. But you shall have it."
This was said in the blandest way imaginable, yet in a tone of earnestness.
"How soon do you think you can do something for me?" asked Gooding.
"I don't know. If not disappointed, however, I think I can spare you a little in a couple of months."
"My rent is due on the first of October. If you can let me have, say fifty dollars, then, it will be a great accommodation."