Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-10-28
PUBLISHED DAILY
FRIDAY. OCTOBER %, 1881.
Opinioa Of DANIEL WEBsrER on the subject Of
irnprisonnnenk for DEBT.

The following, opinion Mr.. WEBSTER prepared
aud sent 20 the great meeting recently held in
Boston on the subject Of Imprisonment for Debt.
He here expresses his views with great deal of
conciseness and planness. Ii will be read with
attention and interest founded on the known cha
racter Of the writer, and the distinguished station
he holds in the legal profession. The subject is
becoming every day more and more important,
and will shortly, no doubt. engage IN its discus.
sion and arrangement the legislators of the Union.
Imprisonment as a punishment for having con-
tracted debts which the debtor cannot pay, Is
neither consistent with the spirit OK the times nor
with any Just view Of expectancy and propriety.
The business Of mankind, in this age, is too much
connected with system Of mutual debts and Gre
dts to allow it to be considered as crime for a
man to be in debt.
Nevertheless, bread proposition to abolish all
imprisonment for debt, is rather startling, and
may well alarm those who wish to preserve
d wholesome and just laws. Because, if all imprI-
sonment for debt were to be abolished, it is quite
certain that man might have much property.
and vet set his creditor, at defiance.
La the multitgle and completely Of the forms
in which property may be holden, in CONNER
cial community. there are many deposifes, where
it cannot be reached b. creditors, by any legal
process. One obvious and striking Instance is
that Of money in the funds. There is no mode,
that am acquainted with, bv which pubic stocks
can be attached, or taken in execution by credi-
tors Que might have hundred thousand dollars
in the funds, live the interest, aud bid def.
ance TO his creditors, from whom, perhaps, he
had obtained the money 10 make the purchase.
Annuities. rents for life charged Oh land, mo-
ney IN the hands OF executors and administrators
LII short, notes of hand aud bills of exchange,
which the debtor may hold in his pocket, to any
amount, -are all instances and proofs Of the neces
sity of some means Of compelling payment, where
the power of making payment does really exist.
This indicates the trGe, and only true and pro-
per object of imprisonment for debt: which is TO
coerce paya.ent ichere The Debtor Is allie, b1 not
uiVing TO pay.
Therefore. Imprisonment ought not 10 be suf
fered by debtor who Is mol justly suspected of
holding back or conceang his property. This
is the principle on which bankrupt laws proceed
If the debtor will make full disclosure and as
signncnt of his effects, for the use of his credi-
tors, he is to be discharged; if he will not, he is
to be imprisoned, and closely imprisoned till he !
Uill--not because he is in debt, but because he |!
frauduently wilhhOds aud appropr;ates to him.
self the property Of another.
And this is not unjust nor unreasonable. Ii is !
a fair test of the honesty and good Intentions OF
the debtor fhc vii! fairly disclose his effects :
aud assign them, there no further use OF im /
p,isonment; but until he is willing to do this, he /
must submit Ia be considered fraudulent debtor,
and may. and ought, to be imprisoned
IL there be no expectation, and perhaps there !
il. at this moment, 10 well founded expectation, ,
that Congress may be prevailed on to enact
Bankrupt Law the States are in duty bound to
l. ,l,t1,, tbasn nj ms
CIV. as the necessities of the call fer, and as
are consistent with their constitutional power
IL is a great evil that different States should .
possess different systems of Insolvency But
tins evil cannot be imputed To the States. II It's
mischief for which others are justly accountable.
When man is arrested. on execution, for
debt which he cannot pay. nor secure, to the Gre
ditor's satisfaction, it NAV safely be taken for
true. in commercial community, that he is in
solvent; that is. that his debts exceed his means.
Therefore. the,mprsnnment Que hit to cease I'M
nedia'eiy, il he will as immediately execute an
assignment Of his property. for the equoi benefit
OF his creditors; to be acc mpanied with sche
duIc, under oath. And if he require time to
prepare schedule, he ought to have it, on giving
security for his appearance, when the time ex-
pires.
Nothing can be palmer to any mans comprc-
hension than the injustice of legal preferences
and prioritles, among creditors whose debts are
equally Just. Therefore all assignments ought
to be for the equal benefit of all existing credit
ors.
The true design of imprisonment being to pro- |
duce disclosure and assignment of effects, hen
this purpose has been accomplished. there ought
to be no further imprisonment on any dsbt. $
Therefore, when the schedule has been furnish I
ell. and the assignment made. the debtor ought, y
from that moment. to be tree from arrest or I'M r
prisonInent or any debt existing at that time. II
The best informed and wisest reasoners on {
hese subjects think that the general good OF SD e
,,ety requires. that the distribution of his Ell Ii
iects smong his creditors, not only ought the Il
debtor to be no longer liable to imprisonment,b but Ii
hat the debts themselves ought to he discharged, Fl
n order that he may be encouraged to strive once "
more. and by renewed efforts make provision for
ImseIf and family. This opinion proceeds on Il
he principle that property is the great ilga' d