Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-11-03
Taae Richmond NyRnago
M2SGEgIE.AN EIspaJs,
IMPRISONMENT FOR DE8T.


consideration of tho y it,onal legislature during
the approaching Congress, will sufficiently roco.u-
mend Mr.. Wo1ste~s observations 10 tho attention,
of-our rcadors.-C. S. Telegraph.
Opinion Of DANIEL WEBSTER on the subject Of
imprisonment for Dsir.
imprisonment, rs punishment for having con-
tracted dob S which tho debtor cannot pay, is nei-
thcr consistent with the spirit of tho times, nor
with any Just views of o1pedicacy and prupriety.
The business of mankind in this aye, is too much
connected with system of mvtuai debts and cred.
Its 10 allow it to BIO considered crime for >
man to DO dobt
Nevertheless, broad proposition to abolish all
imprisonment for debt is rather ntart!ing, and may
we'll alarm these who wish 10 preserve wholesome
and just laws. Because, if all imprisonment for
debt TO he abolished. is quite certain that
man might have much property, and yet set his
creditors at defiance.
In the multi tuie and complexity of the forms in
which property may I've hclden, in a commercial
community, there many deposites, where it eau.
mt be- reached, by creditors, by any legal pro-
cess One OBVIOUS and striking instance is that ui
money III the funds. There is mode, that / ain
aciuN ntcd with by which public stocks can be at
tsched, or takcn in execution by creditors. Ono
might have hundred thousand dollars IN the funds,
live on the interest, and hid defiance his cre,i-
tor, from whom perhaps he had obtain cd the money
to make the purchase.
Annnities, rents fer life, charged on land, money
IN tho hands of executors and Administrations
in short notes of hand and bills of exchange which
wv UCOtoF may nolu III MS pocket, TO any amount,
are all instances and proofs of the necessity Of
some means oil compelling payment, whore the
power of making paymomt does really exist.
This Indicates the true, aad eniy and pr PER
object OF imprisonment for debt; WHICH is coarce
payment where the dobtor is able, tut .nct willing
10 pay.
Therefore, imprisonment ought not 20 bc suf-
fered by debtor who is not jmstly suspected of
holding back or comccaliag hs property. This is
the principle which bankrupt laws proceed II
the debtor will make full disclosure 8, assignment
OF his effects for the of his creditors he is to
be discharged; if ho will not, he is TO be nprson-
cd and closely imprisoned, till be will; bee
he is in dcbt but because Ie fraud,.cntly ihho,ds
and aPPropriates to himself the property of ano-
thcr.
And this is not unjust nor unreasonable Ii is
fair test OF the honesty and good intentions eff
the debtor If he will fairly disclose his effects
and assign them, there is no further use Of i'm
rrisonucn'; but until io is wittinrt to do this he
must submit to BIO considered a fraudulent debtor
and mag and ought TO he imprisoned
1t there be no expectation, and perhaps there is
at this moment no we'll founded expectation, that
Congcss may he prevailed ~ enact ,n5rupt
Law, the States in duty lou nd To adopt such re-
gna'ons Oh Inc subject fasol lency, as the nsces-
sites OF me case call tor, and consistent
with their constitutional powers.
It is great evil thtt di.r,rcnt States should pos
'css dfcrent systems Of nsov ncy. Bat this evil
cannot DO imputed to the States. 1t is a mischief
Tor which others arc justly accountable.
When "a tnifaf is arrested on execution, for
oc5t which he cannot pay nor to the credi-
tors satisfaction, 1t may safely he taken for true
IN commercial community, that lac is insolvcnt;
that ~, that his debts exceed his means,
Therefore. the imprisonment ought TO celse i'm
mcdiGteLy, if he will rs immediately execute an
assignment Of has property, for the e7uaL benefit
OF his creditors; 10 be accompanied with n scha !
cube, under ont.. And if he require time to pre-
pare schedule, lie oight to have 1t on giving nc
eurity for his appearances when the tiatc expires
m nY
sion than the injustice Of legal preferences andi
TTiorites, among creditors Whose debts are eGuayi
J'st Therefore, all assignments ought to be fort
the equal benefit of all existing creditors.
The true design of imprisonment being 10 pro-
duco disclosure and assignment Of effects, when
TINS purpose has bccu accomplished there ought to-
be 80 further imprison .ncnt any DEBT.
Therefore, when the schedule has been furnish
cd, and the assignment made, the debtor ought,
from that moment, 10 be FREQ from arrest or Tl-t
prisnurnrnt on any debt existing al that time.
The best informed and wisest reasoners on theso5
subjects, think, that the general good of society5
requires, that OH the distribution Of mis- effects
among his creditors, not only ought tho debtor tos
he no longer liable to Imprisonment, but that the!
debts themselves ought to be DISCHARGED in order.
nat he may be encouraged To strive once more
and by renewed efforts to make provision for;
himself and his ftmily This opinion proceeds On
the principle, that property is the great ligamenti
of society, every man, far is possible ought
to be able to that the requirement and cuiov-
rlent of it within tho reach of his efforts ardi
in dustry. This is tho grand stinuIonB, wlichs
makes Industrious economical and prudent ciii Z
zcns. All thinking legislators will be cautiouss
that they do not by laws which produce little or:
benefit TO tho creditor oJligc the debtor to con-t
slSor himself one, who cannot hereafter enloyS
the blessing Of property. Il is quite obvious thits
ISro1t and various evils would result from having ir,i
tho bosom of society, class of this dcs-
0riptfon Of persons. THIS toTic might be pursued;l
hut every mans reflections will suggest manyi
thingn, hosdes those which are hero mentioned.
For these reasons, tho State laws ought to pro
vide far they const,tutionlily may do, for al
discharge of tho debt. TO follow the assignment
and DISTRIBUTE, III Of effects.
Imagine it would be con9etcnt for tho I.ocislr.i
ture 10 provide, that when dcb or had made an.
assignment Of his lands tcncwonts, hereditamcnts,
goods, effects and credits, in trust for bis creditors
the fund shall be divided among such Of tic credit
tors wilIingto receive heir =; dividend onI
condition Of discharging their debts. If they dol
not choose TO comply with this condition they wi Y
retain their debts, with right to collect II ont off
the future acquisitions Of the debtor, but By ar
resting or imPrisoning his person
Hm aware that many persons viii think that al
law such have = suggested, would DO atcn- I
5ed with misehcf-;hat there would be nanvE
frauds, in the disclosures Of debtors much conceal
Incnt, &C.. 4
The answer 20 all such arguments Is twofold;l
tent: secondly, that 4 discriminating system iss
much more likely TO remedy them than a syslcmE
which makes no digcTi ninition distinction be-
Tween willing and unwilling, homes. ana frIuduleas
ic5tOTF.
The debtor ought to know. that iF ne has rropor-f
IL, he must produce and assign r, vi.hou, frandt
lr conceaucnt, else be Imprisoned closely, tillf