Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-01-16

By PAYMENT; in default OF which, Imprisonment,
is a lust punishment. for the crime OF false deal
ing or improvidencr.' The debtor also has
his rights as well as the creditor, and among
them are his right to personal liberty. The
rights Of both are admitted, SO far as they are
not incompatible with each other. But when
they do interfere, freedom is dearer property
than money. In all human Institutions, small
err evil is allowed to procure greater good; as
in politics province may be given away, to
secure kingdom; in surgery limb may be
sacrificed, 10 preserve the body. But king
dom is never given TO secure province, or the
whole body sacrificed tossave limb. 1t is
better ,ha, the creditor should lose his money
than iiAsSahe debtor should lose his liberty, OF
his fife or his freedom Of concience; and these
rights are placed upon the same footing by eth.
icaI writers. Law is deGncd by Judge Black
stone, to be ga rule of conduct prescribed by
the supreme authority State, commanding
what is right, and prohibiting what is wrong u
Congress, by specific provision Of the con-
s,itution, enjoys exclusive legislation in the D
Of Columbia, and is therefore assuredly the SUI
premc authority here. Mr.. Kane, OF the Uni
ted States Senate, is stated 10 have affirmed in
his place, pending the debate upon his sab1rc'
/" THa. Congress never established HE Ian Of i'm
prisonmeai for ds6i, SC T" See National lntef-
-hgeneer. Enough has been said 10 prove
that such laws, like empires IN medicine
commend what is wrong, and prohibit what Is
right. They are deficient, then, IN all the pre-
requisites Of the dc6uition, and therefore drt
not law. The first settlers OF this country
coming from England, where ii was The custom
to i'm prison debtors, may have acquiesced III
the practice, because they were accustomed 10
j.. Bur ifit is founded, as has been said, mere
ly upon fiction OF the law; and this fiction Is
the arbitrary creation Of The old English courts
aud the Imprisonment is for constructive :rea'
son, away with it a, once. There is no con-
s;ructive treason here When the republicans
threw the king overheard, they cast after him
constructive treasons, bills Of attainder, and
cuniscaions
Such have been the reflections suggested by
The amendments, or 10 speak now correetly,the
alterations in The bill TO abolish Imprisonment
for Debt Is it not admitted that the CONNER.
cial portion Of the community, rely more upor
The mercantile credit and moral reculude oil
their customers, than upon the efficacy o! any
existing law, for the collection Of their dues
that imprisonment is infinitely vexalious and
all serviceable 10 the creditor.
Can the wretched Shylocks, who display the
depravty Of which poor Human Nature is ca
pable in its last stage Of infatnatlon and dege-
npracv, by continuing 10 crave the pound OF
Ash or the bond Can they influence the ps-
lional councils?
Why then tempt the creditors, who are onl!
mortals like their debtors equally subleci to
inGr,ni ies of mind and Body, by Inc possession
Of unjus, power, TO forfeit Heavens mercy ant
leopard their own souls; to release the hold
they " ould tiherw Use have on The conscience:
Of their debtors and lose their debts? Why
tempt he unfortunate debtor BY placing on his
on hand freedom, the holy and irresistible i'm
pulses 1T his nature, 10 retarn 10 the Succ ou OF
his suffering family, and the instructive wish
10 disappoint his enemy, aud OF the other, an
oath, which must be against his own interest oil
against his conscience. lave not the nniortu
nate debtors from Maine 10 Georgia, from Mis-
souri, 10 the sea, felt long enough that sickness
of the heart which proceeds from hope defer
rcd9
In conclusion therefore let US hope with them
"a hope dictated by the pureSt love OF truth and
justice as well as by sympathy with suffering
merit, that he patriots OF the nation, now In
Congress assembled, may decree in their wis
dom, that this foul reproach be forever ettaced
from the statute book.
And may mutual forbea rance and brotherly
love, and charity aud all the social virtues be
the future cement Of our civil relations
PRISCILLIAN.