The National Register.
London, England, 1808-05-15 00:00:00

I .

.1

THE NATION

AL•

No. 20.


POLITICAL DISQUISITION.
NUMBER TW EP/.
ON LORD ELLENBOROUGH'S ACT FOR THE DIS-
CHARGE OF DEBTOitS IN EXECUTION FOR
SMALL DEBTS,
We are always inclined to support the Government of
the country, when we can support it with any degree of.
justice but of late we have witnessed the introducCon of
military and civil measures, so violent, oppressive, and in-
iiammatory in their nature, that we arc not surprised to
observe the eagerness with which shallow peopleembrace the
foolish bigotries of a discontented faction : and we base
even been almost induced to doubt, on some occasions,
the common sense and common honesty of the people who
have brought such schemes before the public. In times
like these, then, we are particularly delighted to welcome
any 'measure which comes forward for the amelioration of
the condition of the poor, and for the adsancTinent of the
general cause of liberty : and the name of Lord Ellen-
nuruugh's new Act will perhaps have sonic balmy power
in healing those rankling discontents w bleb have been almost
universally occasioned by the upprerAive Militia Plaa of the
Secretary for the War Department, and by the unconsti-
tutional indictment Bill of the Attorney General. We are
travelling along a desert region—the length of our journey
is uncertain, its end is unknown—its course is cheerless
and forlorn : those who should seek more comfortable
roads for our march, throw obstacles in the way of our
progress.; we are parched, fatigued, almost overwhelmed
with the difficulties and dangers of our situation : and
under these perilous and discouraging circumstances, the
pour will be more than ordinarily grateful to him, who
has turned a refreshing stream upon their path, and
cheered the languor of their fainting souls.
The Bill of which we now speak, enacts,
" That all persons in execution upona judgment in any Court,
" whether of Record or otherwise, for any debt or damages
" not exceeding twenty pounds, exclusive of the costs, and
" who shall have lain in prison thereupon for twelve months
" before applicar to be discharged, shall be discharged upon
Application in Term-time to one of the superior Courts of
" l'•Lcord at NV estminster. Notwithstanding such discharge,
" tiwiadgment shall continue in force to all intents and pur-
poset ,•xcept as to taking the Debtor's person in execution,
,0 that ,tae lands and property (except wearing apparel,
hest(Ltig, and tools, not exceeding the value of ten pounds
" iu die whole) wilt continue to he liable."
Of thii Bill we speak in terms of too high ap-
p.-Libation. While mercy toward the unfortunate appears
to have been its priecipa'. object, justice toward the ag-
gi ieved has not been left out of its provisions. The system
of imprisonment for debt is one of those features in our
CoiWirution, which hase excited the greatest disgust in
the minds of the lower classes of peopic : and however
jastitiable tut system may appear to those whose circum-
A 4.. 'W. L.

-REGISTER. ‘v

Our bins, eranOtitution. anb •
pp ,p 4104
SUNDAY, MAY k 15, 1808. /ar •
• tom •• Arrel

permit them to estituate such matters

ness, yet it will constantly continue to create heart-burn-
lugs among people whose means are too narrow to place
them beyond the reach of its rigours. It seems to them
a matter of great injustice that any man should be snatched
hum his futuily,• from his business, and of course from
his livelihood, for so small a sum as ten pounds, partite-
. larly when the arrest is occasioned, us we fear too often is
the case, by motives of mere revenge in the Creditor.
But while we admit the possible hardship of the system, e
cannot go so far as to deny its general utility. People
whoideclaim on these subjects are always glad to find an
excuse for addressing the paseions : a poor man arrested
for a sinall debt is an excellent subject for the excitation of
pity ; and many a pathetic lecture is delivered in defence
of extravagance and profligacy sinking to punishment,
while nobody thinks of pitying the case of the suffering
Creditor, whose kindness has been abused, whose property
has becu wasted, and whose humanity and generoinly are
impeached. .The temptations of borrowing money,
or of taking .up goods upon credit., are so many and so
bard to be resisted, that probably .it is necessary to impose
some subsequent puuishmeut of a very heavy 'attire, the
Tear of which navy: Ssperktf ter n'preventive eiwck upon the
limprovidence of human .nature. When the Legislature
:passed an Act to niake the purleitthig of a porter-pot at
the corner of the street, .a capital edifice, the Act was
,carried, not because the crime in itself was of the blackest
description, but because the constant occurrence of tetnp-•
tatiou, and the facility of unperceived rubbery rendered
it likely that this dangerous custom would make up: in
frequency what itwanted in atrocity. Such is exactly the
Case with the question of justice in imprisonment for debt.
We may lament that in particular instances any inv., should
be attended with unusual hardships : but the hardship of
particular instances is nut to be put in competition with the
benefit of the whole.

But when a method can be found of securing the general
benefit of the people, and of removing, at the same time,
the hardships of particular individua:s, legislation appears
to have accomplished all its objects, and arrived at its high.
est perfection. These objects Lord Ellenborough appcars
to have accomplished, and for this perfection he deserves
to be extolled. Very poor persons, who principally feel
the oppression of the system of imprisonment, are not in
general likely to run in debt with any one Creditor to the
amount of twenty pounds ; and if they do contract engar-
ments which they are unable to NH, but which do tot
arise to so large a sum, they have the satisfaction of kt'.o•.v.-
ing that they need not wait tiil the caprice of a Creditor
shall let them loose, or till the fortuitous arrival of an in-
solvent Act shall restore their freedom : they know that
their confinement will endure but for tNi e months, and

though an incarceration of several years might he a cruel
penance for a slight improvidence, yet imprisonzrent 16r a
twelve-mouth i$ perhaps uo.llllit6 than a salutary correctiva