American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1823-04-15
IMPRIsoNMRNT FOR DEBT.

! IMPRIsoNMENT FOR DEBT.
| The following paragraphs we copy from the abb
speech of Colonel r. NJ Johnson, Of Kentucky, il
the Senate of the United States, the bill TO a
bosh Imprisonment for debt - Col. Star.
| II is our duty to examine into the constituent
principles of national strength, and to cherish ant
Ipreserye them. Do they consist in numbers, il
riches in the salubry of the climate and richnes.
of the soil, in commerce, in agriculture, in interna
Improvements These compose only part of The
elementary principles OF national power. In add
ton to these there is moral power, which it j:
more important to preserve; and without which
Greece could not have repulsed their Persian in
vaders-Rome could not have conquered the world
land the United States could not have sustained
their independence against powerful foe This
moral power, which is so important to the prosper
lty OF every nation, consists IN the love of liberty
devotion TO country-in high minded, honorable
gallant, magnanimous and virtuous feelings. No.
thing selfish or sordid-nothing avariclous oil efem
mate.
| 10 preserve this moral power in its greatest pu
| rlly and vigor, every citizen should be secured in
the pursuit of happiness. and protected from VIC
| lence. He should never be degraded unless he has
been guilty OF crime. Equality OF rights should be
preserved The law should carefully avoid giving
one citizen a control over the personal liberty OIL
another,
| Even in criminal prosecutions, no freeman can
De arrested To- moment, unless the accusation is
supported by the oath OF competent witness, de-
lining the crime, and describing the person Self
preservation. and the most obvious dictates Of rea
son, point out this course. In case OF guilt, you
Operate upon the person, and not The property oil
the criminal Corporeal punishments alone can salts
fy the violated law. In these cases the accused has
right to bail except in capital offences and even
then is allowed; unless the gui,t IS made mani
est or the presumption strong. But how is il
with the poor debtor, when punished by imprison-
ment! You do not require the oath Of the party
that he has good ground tc believe there has been
fraudulent concealment or conveyance of property
but IN the hrst instance the creditor may issue his
"a Sa--and con6ne his debtor in gaol in the same
manner as II he had been regularly arrested, trir
md convicted Of ctine by an impartial iury If tn,
debtor be Innocent, you can never REGAL the punish
nen nor has he any redress for such barbarity.-
ne Gre dltor may derive satisfaction from the hope
81 eX'orting payment from the friends snd relations
OF the unhappy sufferer In this way you seal his
destruction, and reduce his family TO extreme mise
ry. Stimulated by vain hope, and entertaining a
suspicion the offspring OF avarce, the unrelentng
creditor pursues his vctm already reduced 10 want
and wrelehedness.
The legitimate fund for the payment Of debts is
composed OF the real and personal property Of the
debtor. Both are visible and tangible The lealI
cannot be removed and the personal property i
SUBJECT to execution wherever i. can be found Il
But TINS does not satisfy the law The body mustl
aiSo De subject to execution-although the mpris-
onment OF the body pays part Of the debt
would say, fraud deserves punishment but the
prosecution should be based upon the oath of the
party who makes the accusation-and instead oi
presumlng guilt, require its manifestation by an I'm
partial jury. Then the punishment would be in
tcted as violation Of the penal code.
When the character Of the debter is converted
INTO that OF the criminal, then it would be legitimate
and proper to demand bail to compel his appear-
ahce because the vengeance of the law is to opera
upon the person OF the individual, if convicted oil
guilt. To permit ali unfortunate debtor to be CON
hhed IN prison, is immoral and criminal in the g ~
eminent. The remedy provided by law for the
creditor against the property of the debtor is com
pIete-if defective, make it perfect To clo,he I'M
creditor with t''e transcendent and desrotic powerl
OF Imprisonment, without even the allegation of!
Taul, Is monstrous usurpaon on the part of III.
government and volatory OF the theory as well as
me p'actlce OF our political system in every oberl
department. Upon the fraudulent debtor, the IN |
pas al satiSfacendum by which his body is arrest
ed has no effect; his mind is not alarmed at the
iron doors OF the prison; his heart is NOT torn TO
pieces by wounded pride and virtuous sensibilitv
he VIII not disclose, but will find means to conceal
MS hidden treasure, until he relieves himself from
cohhnement by due course Of law. From such
men you gain nothing by imprisonment but YOU
must resort to legal and equitable remedies, by
"hich concealed effects OF property irauduIenty
are made liable to execution 10 satisv
he demand.
When you arrest the unfortunate and honest
man. ana cast him into prison, his prospects a e
blasted, and his hopes are withered as the plants
ana vegetation are destroyed by the influence Of he
boh"n Opas the poisonous tree Of Java. The bo
~ is confined; but the debt remains, and is hourly
increasing IN magnItude--his future ancipa,ions
are overspread with clouds; his credit is injured his
usefulness to society is impaired, the peace of his
amly IS interrupted and, while confined in prison.