The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-12-15
IMpRIsoNMENT FoR nERr.

he following letter, in relation 20 it, from the
asst Annual Report of the Prison Discipline
J ociety."
letter from the Hon. Daniel Webster, dated
May 9, $780,
Sir-I have received your letter of the 10Th
II April, asking my Sp!T IN upon several qnes- (
ions, all relative to the subject of impyison-
nent for debt. | am quite willing TO express
ny general opinions on that interesting subject, /
although they are not matured as to be en- ,
titled to influence other mems judgments. The
existing laws, think, call loudly for revision (
and amendment. Your first four questions seek
to know whatI think of imprisonment for small
sums. ] am decidedly against it; would car
ry the exemption TO debts of thirty or forty dol
lars, at least. Individual instances OF evil or
hardship might, am aware, follow from such
a change; but, am persuaded the general re-
suit would be favorable in high degree, To in
dustry, sobricty, and good morals, as well as 10
personal liberty
You ask. IN the next place, what / think of
Imprisonment for debt in any case where there
is no evidence of fraud Certainly / am of opin-
ion that there should be no Imprisonment for
debt where it appears that no fraud has been
practsed or intended either in contracting The
debt or in emitting to pay it, But, then, it
seems to me that, when man does not fulfil
lawful promise, he ought TO show his inability
and to show also that his own conduct has been
lair and honest. He ought not to be allowed
merely TO say be cannot pay, and then to call
on the creditor to prone that his inability Is
pretended or fraudulent. he ought to show
why he does not and cannot fulfil his contract,
and TO give reasonable evidence that he has not
acted fraudulenuy; and, this being done. his
person ought to be held no longer. In the first
place. the creditor is entitled to the oath of his
debtor, and, in the next place, to satisfactory
explanation OF any suspicious circumstances.
There are tive sorts of fraud, either of which
when proved, ought to prevent liberation of
/, the person, viz: fraud in contracting the debt,
and fraud in concealing, or making way with,
the means of payment. And to the usual pro-
VISIONS OF the bankrupt act ought TO be added,
that 10 one should be discharged who is proved
10 have lost money in any species eff gaming (;
and should include, in this class, all adceR-
tRrers in Lotteries. Having rendered his own
oath, and made just explanation Of any crcum-
stances of suspicion, if there be such, and not
having lost money by gaming, the debtor ought
to be discharged at once; which answers an
other of your questions; for the detention of
thirty days, before the oath can be taken, APP
pears to me wholly useless.
You are pleased 10 ask whether, in my ludg-
ment, Christians can, with good conscience,
inprison either other Christians or infdels He
would be very little of Christian, think, who
should make difference in such case, and be
willing TO use degree of severity towards Jew
or Greek, which he would not use towards one
OF his own faith. Whether conscientious men
can imprison any body for debt, whom they do
not believe dishonest fraudulent, is a ques-
ton which every man, while the law allows such
imprisonment, must decide for himself In an
swer to your inquiry, whether | have found il
necessary 10 use such coercion, in regard to
debts of my own, have to say tIlatI never i'm
prisoned any man for my own debts under any
circumstances nor have |, in five and twenty
years professional practice, ever recommended
IL to others, except in cases where there was
manifest proof, or violent and unexplained sus-
plcion, of intentional fraud
Imprisonment for debt, nv dear sir, as il is
now Practised, is, in my judgment, great evil,
and, 1t seems to me, an effectual remedy for
The larger part of the evil is obvious Nineteen
twentleths of the whole of it would be relieved,
in my opinion, if Imprisonment Tor small debts
were to be abolished That object believe 10
be attalnabe; and to It's attainment, 1 think
the main attention Of those who take an inter
est in the subject should be directed Small
credits are often given, on the confidence ofbe.
ing able to collect by the terrors of the gaol
great ones seldom or never.
Three simple provisions would accomplish
all, IN my opinion, that may be considered as
absolutely required TO Just state of the law re.
speeding Imprisonment for debt in Massachu.
sets.
/. That no Imprisonment should be allowed
when the debts, exclusive Of costs. did not
amount to 80 dollars.
2. That there should be no necessity of i'm
prlsonment for thirty days, as preliminary to
taking the poor debtors oath nor any longer
detention than such as is necessary TO give par
ties notice, and time to prepare for examination;
and that convenient number Of magistrates
IN every county, should, for the purpose of ad.
minlstering the oaths be appointed by the gov
ernment; and that such magistrates should be
clothed with such further powers as might be
Thought expedient in order to enable them to
make thorough investigation Of the fairness or
fraud OF the debtors conduct
3 That in cases where the debtor had been
discharged, if the creditor would make oath 10
newly discovered evidence, proving original
fraud, or to his belief, that the debtor had sub
sequently received property, and concealed or
withheld the same from his creditors it should
be competent to such creditor to have investi-
CATION of such charge, and, if made out, TO have
execution against the person, and if not made
out, That the creditor should pay the cost of the
proceeding.
Other provisions might doubtless be useful
but II these three alone could be obtained. they
would, in great measure, clear the gaols or
debtors, and give general satisfaction, j have no
doubt, to creditors
/ ought TO add that the imprisonment or fe.
males IN the common gaols for mere debt, is a
barbarism which ought not to be tolerated In.
stances of such Imprisonment, though rare. do
yet sometimes occur, under circumstances that
shock every humane mind In this respect,
the law ought, in my judgment, TO be altogeth.
er reformed"
<-~-|Ts-~n