Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-12-19
WEDNESDAY, DECEMBER 10, 1927.
For the Phenix Gazette.
To the Hon. RICHARD NJ. JOHNSON, offhe Unit
ed SycysS Ssr1fe

To the Hon. RICHARD NJ. JOHNSON, ofthe Unit
ed StGies Senate.
We hoN these truths 70 be misunderstanding all
men arc created equal that :hcv endowed by their
Creator with certain unalienabe rights; that among
these are lile liberty, and the pursuit Of happiness
Declaration Of independence.
Among The various Inconsistencies Of human
legislation, there is none more glaring and OBJ
yions than the iucarce ration Of Industrious and
useful citizens, whose services are national pro-
uertv, al the despotic viii Of others, perhaps
less honest, US, full and industrious The Off
,ial instrsmen from which my introductory
lines are copied, and which may be deemed,
like the Magma Charia of England, National
Bill OF Rights, and part OF the Constitution,
distinctly declares tha, liberty and the pu suit
Of Happiness are unakenabLe Rights. Never
the less do not the laws, 10 the lace OF this de-
claraion, practically maintain tina, the be It and
most useful citizen may ALLEVIATE both these
rights for City cents, and, with them, the res
prctablc standing of his family in society, and
that self-rcspect which is SO essential to his
own future usefulness Among the barbarous
nations Of antiquity, the creditor was permit
ted to srIze, STAY, sell, ioto perpetual slavery,
the person of his debtors, and their families,
without disiinciiO OF age or sex. thus the
unprincipled usuIers or that age, like the sPe-
culators and sharpers of our own, could &C
ouire, in n season Of public calamity, legal
rights, ahhorIeut to humanity, over Individuals
who, In all es,imablc qualities, were ncalcula-
5ly their superiors. Modern Legislation has, in
most civilized nations, in.erposcd, in degree,
for the protec tion OF the weak against the
strong, of the innocent and the unwary against
the arlful aud The unpruciped. The rate OF
Interest, has been regulated, and usurious con-
tracts annuled; married women, persons under
4 Ipra pr~pl hppa hTen lee "A 80
incapablc Of selling heir nnaIenable rights
The prime pie oflegal iterposition having thus
been established, and ne barbarity and nexpe-
diencv Of The ancient system admitted, why Il
nit its operation to particular classes!
1t is said by the apol" gis,s OF those barba'on
son an ;nsolyenI who VII make an honest state
meat OF his Affairs, ard surrender all his pros
perry. This is undoubtedly true in some in.
stances; but that il has no; always been the
case, the general existence Of insolven. laws al
forCs sufficient evidence and il is owing to The
facilities which these laws afford TO the debtor
TO release himself from prison, and dsappoint
the unrelenting cupidhty of his pursuer, that
the creditor is deferred from resor;ing more
frequently 10 imprisonment than he does a, this
time. But it is equally Gas well as unfortunate.
ly) true, that creditors will now as readily COM
promise with debtor whom they believe TO be
dishonest, for any sum he may chuse 10 offer,
as with one OF an opposite character-well
knowing that il they refuse his offer, and he
goes to Jail, he can, by means of the insolvcnt
laws, release himself from confne ment, and Ge.
feat his creditors of their whole demand Blu,
whether he is actually imprisoned not, il is
20 the influence Of The insolyent law that he
yves his liberty; and 1t Is only when he IS im>
prisoned, that he may DE induced to add perju-
~ TO premeditated fraud.
Formerly, creditors incarcerated alike the
innocent and the guilty: the tables now, how
ever, seem 10 be turned, because the insovent
laws effect he release OF honest debtors and
fraudulent, indiscriminately. Creditors now,
comparatively speaking, imprison none. In
this way the insolvent laws narrow dowH the
operation OF the law of imprisonment for debt
almost 10 virtual repeal, and leaves matters,
as respects the creditor, pretty much In the po-
silion in which the actual repeal Of all those
laws would place him. The commercial por>
lion OF the community, undenlably rely more
on the mercantile credit and moral rcctitude
OF their customers, than on the efficacy OF any
existing law, for enforcing the paymen; Of their
demands
In such state things, / find no difficulty in
believing that creditors would not be injured,
and that the morals OF the community would
be essentially benefited by the entire abolition
OF all those laws which impair the personal
freedom Of the citizen. Let his property re-
main liable forever, but his person is the pro-
perry OF his country. Honest debtors will then
as Doto, give up all they have; and fraudulent
debtors can only as noW keep all the property
which they can secrete, without being induced
or constrained as noeD to add perjury to the
crime Of fraud
The right OF life and personal liberty, that is
to say, such free exercise of the faculties Of
nd hofl vaS ls mr. he
eqsal rights of Others, are admitted, universal
", to be not only natural, but unalienable
rights; and the desire Of mankind TO sustain
their offspring, and make them happy, is no
less irresistible, than the natural obligation 10
do so is imperative.
These three obligations, because they are
natural and irresisGble) are paramount 10 every
subsequen, obligation into which man can
voluntarily enter. All civil contracts, there