ourts which up to the present
time have followed one after the other, have each known of it, for all
have practised it. Enlightened by experience, they have lately tried to
render void such fraudulent agreements; and as the bankrupts have reason
to complain of the extortion, the judges had some hope of reforming to
that extent the system of bankruptcy. The attempt, however, will end in
producing something still more immoral; for the creditors will devise
other rascally methods, which the judges will condemn as judges, but by
which they will profit as merchants.
Another much-used stratagem, and one to which we owe the term "serious
and legitimate creditor," is that of creating creditors,--just as du
Tillet created a banker and a banking-house,--and introducing a certain
quantity of Claparons under whose skin the bankrupt hides, diminishing
by just so much the dividends of the true creditors, and laying up for
the honest man a store for the future; always, however, providing a
sufficient majority of votes and debts to secure the passage of his
certificate. The "gay and illegitimate creditors" are like false
electors admitted into the electoral college. What chance has the
"serious and legitimate creditor" against the "gay and illegitimate
creditor?" Shall he get rid of him by attacking him? How can he do it?
To drive out the intruder the legitimate creditor must sacrifice his
time, his own business, and pay an attorney to help him; while the said
attorney, making little out of it, prefers to manage the bankruptcy in
another capacity, and therefore works for the genuine credit without
vigor.
To dislodge the illegitimate creditor it is necessary to thread the
labyrinth of proceedings in bankruptcy, search among past events,
ransack accounts, obtain by injunction the books of the false creditors,
show the improbability of the fiction of their existence, prove it to
the judges, sue for justice, go and come, and stir up sympathy; and,
finally, to charge like Don Quixote upon each "gay and illegitimate
creditor," who if convicted of "gaiety" withdraws from court, saying
with a bow to the judges, "Excuse me, you are mistaken, I am very
'serious.'" All this without prejudice to the rights of the bankrupt,
who may carry Don Quixote and his remonstrance to the upper courts;
during which time Don Quixote's own business is suffering, and he is
liable to become a bankrupt himself.
The upshot of all this is, that in point of fact
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