Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1810-01-29

fs-i;a~, no s,'ii., wa ElgA consent but
a ~ ,rg 4 ionc lisi q, c.e't't - ih,'re arc Il
w.vs ,n.n- .,hu viii obs,ms;cly " fjIe... and
1n'-rlinL!y .rl,c nj only Tie i.sl shilling.
n1t the p,Allt, II 'ie b4Ti "lh- pourd O.
2 !" ais. E.v.-rs "He u Dro' .,erity does
~. from i.is uvy1 sttt4 in1 feel the necrssi-
"a, nt' law pf tur- k'ni Reverse his for
t.ia.s, o. ~ hin closely aSam'ae the con
di.iun u! .ntEs vi his unfortunate tawnsmen,
and his opIuluns and feelings will instantly
change. Prosperity AMI warn fircs d. is
not The situation We should give him u rea-
s,n correctly on this subject. Let II be
asked whether imprisonment for debt be
intended AZ 4 disgrsceFul punishment If
81, where Is he Justice Of such law. +
Il not enough that man should be stripped
81 misfortune or the at Of Cod Of all that
IL hath, without suffering a disgraceftl
punishment, which can benefit neither the
creditor or community en-ralIy ter
inmates IN a total loss 10 the one and the
obstruction Of he morals, ambition and en-
te~prisc Of the Other. It may be urged that
lhe dread Ut imprisonment operates as
com julsOiy measure tor the PAYMENT Of
debts. Admitting t 70 BE- So l. this
right IS It eyzGi jaStlce ?-The man who
paws debt 10 avoid the disgr &C incident
70 his misfortune, commits i dishonorabie
act-a crime. In effect ~ is this If he
possesses means 10 reimburse 4 olyt and
not all he Ow'S, lie is converting % his own
Gse that which belongs in common TO all
his creditors, and thereby voluntarily gives
W the small means he had left to do them
Justice, and this for the sake of saving
himself from disgrace. He NAV es.ape
for this once, the disgrscs oi Imprisonment
---bul ne does not thereby save his honor.
When from necessity or principles of equal
Justice, man takes the limits, although il
may be very announcement and unpie asant to
him, il is no disgrace. 1t is punishment,
but no disgrace. On the contrary, ne who
suffers the privation of his liberty, for the
sake Of equal and exact justice, performs
sn act highly honorable and praise worthy.
1t may not be thought impairment to our
subject to recur to the examples of former
tInes, Of the iiberality or severity of the
laws for debtors. The Roman plebians,
after the Consulate Of ValerIus, deserted
their cities IN consequence of the insupport-
able oppression Of the laws for debtors, i'm.
posed by the Patricians. Under these
laws, II debtor could not satisfy his cred
stor, he was dragged to prison, anu be and
his whole family were reduced 10 slavery.
A law Sd severe and inhuman could not long
exist The people were invited 70 return
and their debts forgiven them. Under the
Laws Of Scion Tarquin and Valerius, the
persons Of debtors were held sacred and
secure from arrest. II was thought sulfi.
Gent even N those days, when tie state Of
civilization required more energetic and
rigorous laws ulan IN ours, 70 take AT THAI
man possessed without putting in jeOpar-
dy has personal liberty. OSIRIS, the 6rst
legislator mentioned IN profsne history, en-
acted laws t0rbIddlng the persons u debt
Crs % be arrested. Shall We overlook these
examples and copy the INDUSTRIOUS prOduc-
tons Ut DRAGON, whose laws were, en-
dramatically, written ~ blood SAYS a
celebrated writer, 60 Just medium, which
AZ the same time supports the validity VI
contracts and does not Cypress the InsOi-
vent debtor, IS So difficult a thing, as never
20 be expected even from the wisest legis-
f-t0rs-but should either scale outweigh
the other IL ought most certainly TO be an
favor OF the unfortunate debtor-If tavora-
bic 70 the creditor, the situation Of the
0ebtOr becomes too hard, and al urlucky
accident may ruin him forever"
l+EGiSLA IeRs,
Have you connections who have been IN
fortunate, protect and relieys them
Have you friends, extend the strong arm to
save them. Every man by one c mmon tie
Is your brother-by this and the claims of
humanity and benevoence are you called
upon to make and enact l.. vs. for the relief
and protection OF the good but unfortunate.
fom stations require acts OF imPAruaiity
Let ut private interest rise superior 1"
puollc justice. Let the gentlemen OF The
bar have the tnagnaninity U prefer public
god 70 private gam. Grant il Will inJure
III = small degree the BUSINESS ut thIs iuhr
enul class Of commurity-but what they
hose IL interest th-y will gam IN honor auo
the grateful thanks Of that considerable por
tion Of community they will relieve.
PHILOTHE0RI.