Those readers who have turned any attention to this subject, will at once see that we refer to the law of unlimited responsibility in partnerships. Except when the company proceeds under an act of parliament, a charter, or patent, limiting the responsibility, every partner is responsible for the debts and obligations of the concern, to the last farthing he possesses. Very often, a young man of enterprise and ability, acting as manager, overseer, or in some other respectable capacity, receives a small share in the profits to encourage him to exertion: he has no control over the management: some leading man plunges, to serve himself, into dangerous speculations, and there is a bankruptcy. The young man has done nothing but good service all along to the partnership, and to its creditors, and all who have had dealings with it; yet, if he have saved a trifle, it is swept away with the effects of the real speculators. Take another case equally common: A young man commences business alone, or in company with others: they have intelligence, ability, and honesty, but little capital. A capitalist, who, perhaps, conducts some larger business of his own, might, ingrafting kindness on prudential considerations, be inclined to embark with them to a certain extent; but he finds, that instead of a prudential step, nothing could be more thoroughly imprudent. He will have to embark not only the small sum he destined for the purpose, but his whole fortune. Dealers who have transactions with the young partners, will know that a man of fortune is ’at their back,’ as it is termed, and will give them credit and encouragement accordingly. Without being conscious of any dishonesty, the firm will be led to trade, not on the capital which their friend has advanced, but on the capital which he possesses. Of course, they do not intend that he should lose his fortune, any more than that they themselves should lose their business and pecuniary means. But these things happen against people’s intentions and inclinations; and the friend who wished to aid them with a moderate and cautious advance, is ruined; while those who were giving reckless credit, and who encouraged dangerous speculations, are paid cent. per cent. It is the fear of such a consummation as this that generally makes the well-intending friend abstain from ultimately committing himself with those with whom he would have fain co-operated.
It is quite right that trading companies should not trade on false resources, and be able to laugh at their creditors by placing out of the reach of the law the funds with which they have speculated. Yet this can be done under the present system; and there is a class of men in the commercial world, banded together by peculiar ties and interests, who are said to accomplish it on a large and comprehensive scale. It is thus carried out: A penniless man starts in business, supplied with abundant capital by his friends: they may demand 6, 7, or 10 per cent.