Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-05-10
To the editor OF the Gazette.

IMPRISONMENT fOF DoO, -""u Voc "e"
Act Of Congress.
With view of drawing the attention OF
the people to this subject. | insert, tor
their serious considerable the following
extract. Ii is the production OF gentle
man OF celebrity OF one, who, whilst
in the Congress OF this government, dis
played great eloquence and talents -
mean Thomas Boiling Robertson, native
Of Virginia, aud now governor OF the stale
OF Louisiana. These sentiments were no.
bly, INDICATED in the last Senate OF the
United States by a distinguished patriot
and soldier, Col. Richard VI. johnson, Of
the state of Kentucky. The speech which
be delivered was equally honorable TO his
head aud heart. The extract from the
message of governor Robertson TO the lie.
sislature of Louisiana is in the following
words -
s'At the last session OF the legislature,
proposed for It's consideration the pro-
priety of abolishing Imprisonment for
debt; or in other words, OF rescuing the
individuals of society from the meanest OF
all slavery, and the most insulting OF al!
tyraAny-that OF confinement in Jail by
ole OF themselves. Ii is the boast OF the
institutions of America 10 have secured
the liberty of man against public oppres-
sion, whilst they have LETT 1t the victim OF
individual tyranny. The state-tbe Uni
ted States cannot conduct even criminals
10 a srison, without a public trial before
learned judges and impartial juries, whilst
a creditor, by means of an oath in the first
instance, and subsequently by the hal OF
single obscure justice OF Inc peace, may
lodge by the side OF the convict, IN the
same mansion OF vice and misery, al un-
fortunate and less favored debtor. Bar
rier after barrier is erected between the
murderer and his cell, whilst the way is
clear IRON distractions and the doors OF
the dungeon stand open wide, for tie re-
csptlon OF the debtor But itwould seem
that the injustice and inhuranity OF The
practice are objections not sufficiently
strong to produce its abolition. Will 1t
be yielded up, il il be shewn to be con-
trary to the constitution Is it not a vic.
iation of contract? Does il not add an
engagement to that agreed on by the par
ties? the promise To pay money simply,
The law adds or renders the body to pri-
son Ii may be, as it has been said, that
the laws are known, that they are in the
contemplation OF the parties, that their
provisions form part OF the agreement !;
but this to the extent Of the proposition
as stated, is tallacy the parties con.
tract with a view to none but constitution
al laws Laws violating q conlraC, are
unconstitutional and any change what
ever OF The EXPRESS agreement between
the parties is violation OF the instrument,
and consequently void What would be
the effect of an agreement on the part OF
an individual TO undergo Imprisonment for
certain time in discharge of a debt -?
Would lhe courts enforce 1t? 1t is be-
lieved tia, they could not--because the
right oil liberty is inaliena hle-becsuse
the person IS secured against unreasonable
seizurss-because cruel punishment can
no, be inflicted. But IL Imprisonment be
not found in the contract, or il found to be
nugatury, can it be superadded by the
law, and considered binding on The par
ties Although all these principles are vi
plated. as well as the sacredness OF the
contract itself" I.