The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1824-03-30
IMPRISONMENT FOR DEBT

The Legislature OF the State OF Maine has ad-
Joumed after doing itself imperishabls honor by
abOhshiRg Imprisonment for Debt--that barbarous
relic of the early Roman Law !"-NationGI Intel
hgencer.
Not quite-MAENE has not yet advanced quite
SO far in the high career to immortal glory, as
implied IN this premature apotheosis, entirely to
have abolished Imprisonment for debt The
laws of this State do not liberate the persons of
her citizens from execution on contracts, pro
vided they have property to pay with, if they
please. Although when the debtor has no prop
erty al all or none but real estate, which he is
ready to offer his creditor as the law now
stands il dlspenses with every useless ceremony
and does not sanction any unnecessary formal
ity or inconvenience. Perhaps it may be of
some Importance that this subject should he
properly understood out Of the State, as il may
have transient influence on its credit abroad
The law passed by the last legislature j. nit
igation Of the form of imprisonment for debt
II allows debtor, when he is arrested, to give
bond Immediately for his appearing in due time
to take the privilege of the poor debtors oath,
IN case he IS proper subject for it, without pas
sing through the previous sometimes superluous
and vexatious process Of commitment and then
II ne proves to be entirely destitute Of personal
the law does not require him to be
confined in gaol merely because he possesses
real estate, when it is exposed to the execution
OF has creditor. We do not know that there is
any injustice, civil political, ia these provis-
IONS nor do we perceive any principle Of right
that Is violated BY them.
The operation Of the act Is fixed "a commence
al future day, the first Of next july, aud can4
fined TO contracts made after that period. With
this restriction and reserying some remarks up
on the details OF the provision, we are not pre-
pared TO say, that il may not be attended event
ually with beneficial effect upon public
morality II will probably restrainthe giving Of
credit to those cases, where there Is the indca-
ton either of sufficient property or industry to
warrant reasonable prospect of security, with
out placing an original reliance upon the mere
mechanical pressure of the law for the perform
ance OF contracts through the brute force Of
ply steal c0ercion-and without suffering the
spring 10 press upon those means Of subsistence
or sources OF sympathy, which the humanity Of
the law never intended to appropriate toward
the discharge of improvident debts The power
OF incarceration Is not a proper ingredient in
the calculation Of credit Imprisonment foF
debt Is only proper to Be employed as d test to
ascertain the existence Of property. All that an
individual has, should be sequesiered, and all
his future gains and earnings should be engaged
for what he justly owes. The relation OF debtor
and creditor Is proper subject of municipal
regulation. The facalty of Imprisonment has
but very limited operation upon foreign credit,
which depends mainly upon the general mass
OF property existing in the community, and the
scale OF mercantile honour aud integrity, com
bned with individual activity aud solidity The
law OF State, wherever It is known enters into
the spirit and essence of the contract
With this view Of the subject we are really
not able % say, whethes the necessary confrac-
ton Of credit which viii probably ensne from
the operation OF this law, Is 10 be lamented as
likely 10 be productive. ultimately, of any seri-
Gus evil. Although at the same time, when we
consider not only that all the legal contracts