Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-12-20
For the Pheuix Gazette.
IMPRISONMENT FOR DEBT.

ca SIOteS OeVaiS.
The primary principles which have aimed
to establish in my brs, Communication, afe,
ls,ly. That the ish.sof personal liberty and
tie pursui, OF happiness, are derived from ma
turr. are Irresistible and paramount 10 every
Subsequent obligation into which mankind can
enter. 2dy That all civil contracts, must
therefore be made subject TO, and consistent
with, these paramount obligations And Sdly.
That the indiviGuel mourning debt, having no
right to pledge his liberty, OF those future ex-
ertions which are the property Of his family
and his country, are unalienab!e by any act Of
his. What unavoidably follows, that such a
pedge, il made, is roid o6 initio, and that the
laws which aim 10 enforce. such contracts, are
unjust and immoral, as vel! as anconsiituueuai.
They have also direct aud inevitable tenden-
CIV TO demoralize the community in which they
are permitted 10 exist.
Let us suppose an honest dsh,cr Imprisoned,
because his creditor affects 10 believe that he
is fraudulent ONT. The law, as i, stands at
present, will support him in this unjust AMI OPP
pressi,e deed, let his motive be ever so wicked
aud openly a,owed; ye, public opinion, iufiu-
euctd more than law by ra,uaal feeling, will
crnsure him To excuse himself, therefore, to
the public, he creditor insinuates, openly al
leges, fraud on the part Of The debtor, and tina!
ted property, Sc. The debtor, already
disgraced by imprisonment. knowing the faisi-
" Of the charge, conscious that his character is
suffering as well as his person; believing thai
the object OF his creditor is vindictise, or TO.
compe! partial payment, OF 10 extort money
from his friends, who are no parties to he con-
tract, from their sympathy with him; his re-
sentiments are kinded, his passions in1amed,
aud he prepares NOT only TO defend himself, but
to retaiatc, il possible, on his now Gas he be-
Eexesl nersecusing adversary.
His sense OF The iaJury he has sustained, leads
him first TO conclude, thai he whn has wanton-
" oaused it, is a man ofthe WIGS, character
His resentment is partly grati6ed, when he de-
termines that this man shah be paid last OF all
his creditors, il paid at atl and he sen resolves
tina, he shall never be paid, if any practicable
means can 6e discovered To prevent it. Thus
his Injuries and his passions lead him step
by step, and predispose and prepare him Tor
the probable result. lie knows not how long
he may remain in confinement, and therefore
thinks it prudent to prepare for long siege.
Feeling himself unlosily assaied both IN his
reputation and personal liberty, he thinks him
self JUSTIFIED in making reprisas the proper.
~ Of his enemy; and, even # lie can, he will not
now compromise by making payment Of part
for the whole of his debt.
For his family he is bound, by irresistible
natural and moral obligations 10 provide. They
claim his protection aud support as matter OF
Undecided right; and his heart is not disposed
70 resist their clain,s. My creditor, says ne,
has de 2rived my family Of the means of SUBJ
sis,ence by dcprivine me of my liberty; he has
injured them by assailing my reputation; viii,
as am bound to 90. protect and defend them;
have property Of my creditors in my possess
sion, and viii appropriate il 20 sustain my off
spring; / viii touch my oppressor where. he
feels mos, accu,ely; will appropriate his pro-
perty for the purpose as Tar as 1T will 60, OF re-
rairins The injury he has done me; will use
what is niece ssary, and secrete what Can; and
as il is equally d:sgrscetul TO be imprisoned for
one or for many debts, will go for the whole,
and rid myself of any future fear Of imprison~
rnent 1fan oath win open the prison doors,
shall -emain here, and CRAFTY my enemy! II
an oath win restore me TO the bosom OF my IA.
mily and friends, shall neglect or refuse re-
lief to their suffcrings! II is known tina, an hon.
est man can lberate himself BY his oath; and
shall I stay here, giving counteuance and cur-
rency to the imposition OF fraad, when an Ga, b
viii refute the charge, defeat my enemy, and
restore me again TO iibertyI" Such are the re-
Elections which may be supposed 10 arise in
the MUD OF man thus situated; and would he
no, be strongly tempted, snder THESE circum-
stances, TO take any oath that the laws may re-
quire, rather than submit 10 continuation oil
his Athletic IS! How can the members Of an
enlightened legislature justify 10 their con-
sciences the continuation Of system ef laws
thus calculated to enirap and ensnare, BY the
strongest Temptations incident to our nature!
The laws ofna,nre, Of self preservation, and
the constitutional laws ofevery civilized nation,
authorize citizen, nay make il his duty, 10 take
even the life OF another in defence OF bis own.
Is not personal liberty as dear as life! And
should lawless powers enter his habita1on,
seize him, drag him from his family, and cas-,
him into prison, would not the Laws ofnature
and Of civil government Justify him, 10 self de.
fence, 10 avail himself Of any or all the means
within his reach to defeat his assailants, and 10
return TO the snccoar and protection Of his Ia
miiy? And when, underline colour Of an urcon>
sfa,aioaai fn,c all this is actually prac.ised on