Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-26
lkrPoRTEp FOR THE NATIoSAL ISrrLLIoEscER.]
Eighteenth Congress.
REMARKS OF MR. JAMES BARBOUR.

Eighteenth Congress.
REMARKS OF Mr.. JAMES BARBOUR,
In the Senate efhe United States, 17h Februa-
~, 1894, on the bill for abolishing Impri-
sonment for Debt.
Mr.. BARBOUR addressed the Senate to the
| following effect
Ii has been remarked by Lord Coke, that
ne never knew a wise measure, however in
suspicious the beginning, introduced into
Parliament, that did not eventually succeed
A remark Of this kind, from so profound an
observer of the course of public affairs, offers
great encouragement to the reforner of
abuses He will contend patiently, but per-
severinSly, with existing pre- udices, animated
ny the assurance that his labors in good
cause will not he exerted, finally, in vain. In
confirmation OF this remark, will refer Ia
the history Of this District. II was only two
years past, that I could carry through this
body, and with great difficulty too, bill to
change the law in force here concerning in
solvent debtors. Fer, wonderful as Il may
seem, IT was mo- less true, that, while the Law
enabled the inhabitants TO avail themselves,
after IA few days confinement, of the privilege
growing out of their condition, to the stranger,
who had been pursued hither by some cum
ming and unfeeling creditor, the privilege was
denied, till he should have suffered imprison-
ment for twelve months. About this time,
too, have been Informed, the bounds were
curtailed, and many instances occurred, in
| consequence ofthrir limited extent, ofthe in
hahltants of the place being separated from
their families, who depended for their daily
bread on the labor of the prisoners, and whO-
by such curtamcnt, were prevented from
proiitinE by demand for labor, as it was To
be performed beyond the bounds but, SUBJ
segment TO the discussion in this body, on the
subject, the court has enlarged the Jail bounds
commensurate with the extent Of the county.
But this IS not all. The public mind through
out the Union, has been drawn to this subject.
II has made its way into the halls of the state
legislatures. IN some few instances, i'm
prlsonment for debt has been already abolish
ed, and il is TO be hoped, and confidently
anticipated, that every where this stain on our
statute book will he rffaced that the doors
of every Jail will be thrown open, and the
captive set free.
Although all are aware that we have no
right 10 interfere With the regulations Of the
states, and although IL nav he admitted that
the prisoners for debt. under the process of
the United States courts. are, comparatively,
few, yet the example established hy us cannot
be without saluiary effect. The theory of
the constitution supposes that the counsels OF
this body will be directed alike bv wisdom
and experience. The mode of selection, and
the age Of the elected, are the hest guars ntees,
That the infirmIty of our nature admits. that
nothing rash will he attempted here that the
consequences at a measure will he duly
weighed. and nothing adopted hut what has
IN. sanction Of the Judgment enlightened by
the suggestions of experience and hence
the Importance of your decision on this qucs
ton.
Let us, then, inquire what the question is
A. this stage Of the inquiry, the Senate will
not suffer themselves TO he embarrassed nv
the details Of the bill Wbetl er it shall be
prosnecfiye. or retrospective whether the
provisions are sufficiently guarded, Interference
to fraudulent debters, will be the subject Of
future inquiry and arrangement. when the
principle shall have been fully discussed and
settled. Thus qualified, the question now
presented for decision is simply this-Is IL
right To punish, by imprisonment, the honest
bur insolvent debtor?
| grant you the power, but deny you the
moral right. | DO not mran to encurnher the
discussion with any constitutional auestisp.-
| High ns the constitution is, appeal TO an au-
thoritv still higher--to the patent held nv
man directly from his God, by which his
liberty, and the right to its enjoyment, was
guaranteed. Ii existed before constitutions or
societies themselves. The image impressed
upon him at his birth was the sign the CO.
veDanf, and should have been the shield against
its violation It's preservation was the great
K! object oithe social conpact. In our institu
| tons, il was so proclaimed. Every portion
of our natural rights is retained, except so
| far as the welfare of the whole requires o
| sacrifice. and hence, I assume il US an axiom.
that the liberty oflhe citizen ia never forfeited
to society but by a voluntary act ofthe often
der, or where its abuse has become, or
threatens to become, dangerous to the public
peace. Beyond these limits, every infraction
~ TINS precious gift IS usurpaiion an act Of
! powFr without right, than which nothing
is more odious. If This he true. il may be
Justly commended that crime or the probability
| of IFS commission. should precede punish
| nent which involves imprisonment. IT, then
| p nis'iucnt prcsupPosps crime, the advocates
nj Imprisonment for debt must be ready TO
contend that insolvency is crime. Now, al
| though il has grown into an adage that poverty
10 misfortune, the truth Of which can con-
| firm from actual experience, vet. il is part of
the same adage, that il is no crime. Mark the
Inconsistency IN which your policy involves
you The liberty Of The citizen is go FAR PRO
tected by the constitution az 10 he placed he
| yond his oiOn control If being, goaded by
hunger and distress, or any other necessity,
were base enough, like the Egyptians Of old
10 surrender his liberty tn another, no matter
| how solemn the covenant, or how weighty the
consideration, Ills instantly cancelled by the
! spirit of the constitution. Yet, without a
covenant, or without crime, you give up the
unfortunate &c the will Of the creditor, and
lend him your authority to deprive fellow
being Of his liberty. That which you will not
permit directly, you sanction as a conse
ggence. WIN is able 20 reconcile this con
/ 'fadicIiop II is perfectly consistent with
| air Ia.