Off-Hand Sketches, a Little Dashed with Humor Part 21

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 a.s.sure 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 cla.s.s 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 cla.s.s 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."

"I will see. If in my power, you shall certainly have at least that amount."

Two months rolled round, and Gooding's quarter-day came. Nothing more had been said by Jenkins on the subject of the fifty dollars, and Gooding felt very reluctant about reminding him of his promise; but he was short in making up his rent, just the promised sum. He waited until late in the day, but Jenkins neither sent nor called.

As the matter was pressing, he determined to drop in upon his neighbour, and remind him of what he had said. He accordingly went round to the store of Jenkins, and found him alone with his clerk.

"How are you to-day?" said Jenkins, smiling.

"Very well. How are you?"

"So, so."

Then came a pause.

"Business rather dull," remarked Jenkins.

"Very," replied Gooding, with a serious face, and more serious tone of voice. "Nothing at all doing. I never saw business so flat in my life."

"Flat enough."

Another pause.

"Ahem! Mr. Jenkins," began Gooding, after a few moments, "do you think you can do any thing for me to-day?"

"If there is any thing I can do for you, it shall be done with pleasure," said Jenkins, in a cheerful way. "In what can I oblige you?"

"You remember, you said that in all probability you would be able to spare me as much as fifty dollars to-day?"

"_I_ said so?" Jenkins asked this question with an appearance of real surprise.

"Yes. Don't you remember that we were riding home one evening, about two months ago, and I called your attention to the old account standing between us, and you promised to pay it soon, and said you thought you could spare me fifty dollars about the time my quarter's rent became due?"

"Upon my word, friend Gooding, I have no recollection of the circ.u.mstance whatever," replied Jenkins with a smile. "It must have been some one else with whom you were riding. I never said I owed you any thing, or promised to pay you fifty dollars about this time."

"Oh, yes! but I am sure you did."

"And I am just as sure that I did not," returned Jenkins, still perfectly undisturbed, while Gooding, as might be supposed, felt his indignation just ready to boil over. But the latter controlled himself as best he could; and as soon as he could get away from the store of Jenkins, without doing so in a manner that would tend to close all intercourse between them, he left and returned to his own place of business, chagrined and angry.

On the same evening, as Gooding was riding home, he saw Jenkins ahead of him on the road. He soon overtook him. Jenkins turned his usual smiling face upon his old creditor, and said, "Good evening,"

in his usual friendly way. The invitation to get up and ride, that was always given on like occasions, was extended again, and in a few moments the two men were riding along, side by side, as friendly, to all appearance, as if nothing had happened.

"Jenkins, how could you serve me such a scaly trick as you did?"

Gooding said, soon after his neighbour had taken a seat by his side.

"You know very well that you promised to pay my claim; and also promised to give me fifty dollars of it to-day, if possible."

"I know I did. But it was out of my power to let you have any thing to-day," replied Jenkins.

"But what was the use of your denying it, and making me out a liar or a fool, in the presence of your clerk?"

"I had a very good reason for doing so. My clerk would have been a witness to my acknowledgment of your whole claim against me, and thus make me liable before I was ready to pay it. As my head is fairly clear of the halter, you cannot blame me for wishing to keep it so. A burnt child, you know, dreads the fire."

"But you know me well enough to know that I never would have pressed the claim against you."

"Friend Gooding, I have seen enough of the world to satisfy me that we don't know any one. I am very ready to say to you, that your claim shall be satisfied to the full extent, whenever it is in my power to do so; but a legal acknowledgment of the claim I am not willing to make. You mustn't think hard of me for what I did to-day.

I could not, in justice to myself, have done any thing else."

Gooding professed to be fully satisfied with this explanation, although he was not. He was very well a.s.sured that Jenkins was perfectly able to pay him the three hundred dollars, if he chose to do so, and that his refusal to let him have the fifty dollars, conditionally promised, was a dishonest act.

More than a year pa.s.sed, during which time Gooding made many fruitless attempts to get something out of Jenkins, who was always on the best terms with him, but put him off with fair promises, that were never kept. These promises were never made in the presence of a third person, and might, therefore, have just as well been made to the wind, so far as their binding force was concerned. Things grew worse and worse with Gooding, and he became poorer every day, while the condition of Jenkins as steadily improved.

One rainy afternoon, Gooding drove up to the store of his old friend, about half an hour earlier than he usually left for home.

Jenkins was standing in the door.

"As it is raining, I thought I would call round for you," he said, as he drew up his horse.

"Very much obliged to you, indeed," returned Jenkins, quite well pleased. "Stop a moment, until I lock up my desk, and then I will be with you."

In a minute or two Jenkins came out, and stepped lightly into the wagon.

"It is kind in you, really, to call for me," he said, as the wagon moved briskly away. "I was just thinking that I should have to get a carriage."

"It is no trouble to me at all," returned Gooding, "and if it were, the pleasure of doing a friend a kindness would fully repay it."

"You smell strong of whisky here," said Jenkins, after they had ridden a little way, turning his eyes toward the back part of the wagon as he spoke. "What have you here?"

"An empty whisky-hogshead. This rain put me in mind of doing what my wife has been teasing me to do for the last six months--get her a rain-barrel. I tried to get an old oil-cask, but couldn't find one.

They make the best rain-barrels. Just burn them out with a flash of good dry shavings, and they are clear from all oily impurities, and tight as a drum."

"Indeed! I never thought of that. I must look out for one, for our old rain-hogshead is about tumbling to pieces."