Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1825-01-19

COFreidllVe QutleS are totally QlsreSaTueu'-
Though every member of the community has
tacitly or expressly assented to the laws of the
land. and all have enjoyed, and are now en-
joying even an excess of political, civil, and
religious liberty, yet there is, as there always
has been, class of malcontents, disturbing
the peace and quiet of society and government.
The "poor debtor" with the oratory OF STEM
tor, makes the welkin ring, while the creditor
hardly dare whisper out his rights 1t is quite
time to decide whether the laws shall rule
these men, or these men the laws. Let gov
ornment concede little more to this turbu-
lent Importantly, and the poor debtor is mas
ter of the creditor! 1t il true this vociferation
and violent attack on the rights of creditors
and the laws is of long continuance. In the
time of the revolution there were, as now, two
parties, abettors of the creditors and the debt
ors. Those who advocated the privileges and
exemptions of the latter were loud and clam
orous, and sometimes menGcing. Instead OF
recommending industry and frltgality, as the
best and only proper and equitable mode Of
relief, they continually and persevelingly re-
sorted to legislative interference-importu-
nately suppicating, or rather imperiously de-
handing, for the debtor, discharge from all
pecuniary obligation, or at least a suspension
OF the laws in his favour. This same factious,
restless class, in the plenitude of their malice
towards honest and even lenient creditors, did
not forget to execrate judges and lawyers
The Republic being agitated and struggling
for her existence, these men take advantage
of the distress and turbulence of the times,
and intend to rise on the ruin of the country
Cicero, in his second grafton against Gaia
line, describes these disturbers of the publick
tranquility, gives their characters, and tells
the cause of their excitement. "Alterum
genus est eorum, qul quanquam pren1ltTltur
ere GLlen0, domnationem tamen eXpectant;
rerum potili volunt; honores, quos quieta re-
posse arbit rantur." In another part of the
same grafton, he thus deslgnates the followers
of Cataline, and the enemies of the Roman
Republick. "Quartum genus est sane va
rum, ct mistum, ct turbulentum; qui jam
pridem premuntur; qui nunquam emergent;
qui partim inertia, partim male gersndo nego.
ito, partim ethan sumpibus, in vetere acre
alieno vacillant.-ln his gregihus omnes aiea-
toFes, omnes adulteri, omnes impuri, impudici
que versantur."
This notion of personal liberty, which aims
at absolute freedom from confinement ior debt,
is at variance with that rational and regulated
liberty which is the basis Of civil society. 1t
is truly said, that where Imprisonment is ne
cessary for the ends of public justice, or the
safety of the community, it is perfectly con
sistent with civil liberty. For Mr. Paiey has
well observed, that 6 it is not the rigour, but
the inexpediency of laws and acts OF autnori-
ty, which makes them tyrannical." "It is OF
the utmost Importance to mankind that they
should clearly comprehend the significntion of
the term liberty; for though a genuine spirit
| of liberty is the mobiles, principle that can ami
mate the heart of man, yet liberty in all times,
has been the Glamour of men of profigate
lives and desperate fortunes. Faiso libertatis
vocabulum obtendi al lis, qui privatim dege-
neres, in publicum exitiosi, nihil spei, nisi per
discordias habeant."
The character of our laws respecting the
imprisonment of debtors is fairly given by
Chief Justice Parsons, in the case of Baxter
VS.. Taber, A Mass. Rep. 366. "The genus
of our laws is certainly humane to debtors
perhaps without sufficiently Distinguishing be.
tween debtors in ex .mption for breach of con.
tracts. and those who have been convicted Of
personal torts. The design OF the statute, il
this case, is to grant them relief from close
| lhdt LhSJ INDY JiSScIte LIeLf
health by using exercise and fresh air, without
| giving indulgencies, which should induce an
able but fraudulent debtor to withhold from
his creditors just debt. lfthe debtor alleg-s
that he is unable to pay, and will satisfy two
justices Of the Peace, by bis examination on
oath, of the truth of his allegations, he will be
discharged; and this discharge may generally
be effected in thirty days. But if able to pay
his debts, it is not an unreasonable hardship.
that h. should he coerced by confinement to
apartments belonging to the prison, with a
liberty Of the yard appurtenant, for air and
exercise" Again in the case of Buckingham
VS.. Billings, Is Mass. Rep. 81, Chief Justice
Parker truly states, that " by our laws, as at
present existing, the imprisonment OF debtor
is merely nominal. He may sleep in his own
! bed, eat at hia own table, and carry on bust
ness al his usual place, Notwithstanding he is
legally in gaol. And he may even free him.
self from this .fguratipe imprisonment, by
swearing that he has no estate, except what
is exempted from attachment" There has
always been humanity and liberality in our
laws towards debtors, and it is due to the re-
putaton of creditors, and it is no departure
from truth, to firm, that very few indeed
have ever been committed to prison in Massa-
chusetts, who did not richly deserve incarce-
ration; and to many of whom stripes and fur
Their corporeal punishment might have been
justly superadded. During all my life, and
for the twenty last years of it, | have been
pretty extensively acquainted with commit
ments and the reasons of commitment in cases
OF this kind. can sincerely say, | never
knew debtor sent to gaol by the oppression
and inhumanity ofhis creditor, or when it was
not in his power to have avoided confinement,
Ohstinacy, lazness, or profigacy, or all Of
them together, have carried them to the gaol
not to pay the debt, but to squander time
and money more than sufficient to cancel the
whole debt and costs of the execution. The
creditors generous overtures have been re.
jected, practicable means of 1ohole or partial
payment have been wilfully neglected-pro-
vocation has been heaped on provocation, land
defiance added; and it has not been till the
last drop of patience was exhausted, that the
abused and insulted creditor has, las the dernier