Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-10-06
IMPRISONMENT FOR DEBT.


ing, Sept -, Hon. ALEXANDER III.
EVERETT was called to the chair, and
john c. PARK, Esq. was chosen Secre-
tary.
Mr. EVERETT in taking the chair, in a
few clear and iorcible remarks, stated
the object OF the meeting to be, the con-
sidcralon OF means 10y which the legali-
ty Of the moustrous abuse Of imprison-
men tor debt might be tested by the
highest judicial tribunal. He adyerted
to the singular fact that while public at
tcntion was reused from one end of the
civilized world to the other upon the sub
ject Of mans rights and political free
dom, that this enormous abuse, totally
rcpugnant to the spirit of our Consttu-
tlon and fee government, still was suf-
iclcd TO exist. 1t was lamentab!e, he
observed, that at this ldie ddy we were
beginning to be reused upon the subject.
The very darkest corners of Europe
were awakening to a spirit Of cXamina-
ton, and even Spain, when she shook
oil the monstrous inquistiye, and retain
ed Imprisonment for debt, lightened her.
self OF the least eyil.-S;teps, to be sure,
had been taken in this country; and o.
hlo and Kentucky had sent us an ex-
cellcnt example in the total aboliShment
OF Imprisonment tor debt In them the
experiment had been tried and none OF
the iucomcuicnccs which had been US
ually anticipated had been experienced.
In other states the rigor of the law had
been somewhat amoilDrated Females
had been exempted from arrest, and
debts OF small amount could not be used
as a means of incarceration. Still, much
remained to be done. The Governor
had referred the matter to a COMMITTEE e
OF enlightened men, and some expression
OF public opinion at this juncture might
do much service
Though 40 lawyer it did seem to him,
that protection Of property Nigh be made
consistent with protection of person. -
This evil certainly was Of statute origin,
and was totally opposed to the spirit Of
our Constitution and that of Great Brit
ain. SO much SO that in the days of Sir
llliam Blackstone may even sixty years
ago III this country, it was necessary to
allcge breach OF the peace, and thus by
IA illegal felton, and under color of the
law, tins process Of Imprisonment was
sanctioned. Whether this custom had
become SO sanctioned by constant usage,
and statute as To- be constitutional, he
did not prctcnt to know, at all events
he wished it submitted to the Supreme
Court.
Thomas J. LoDDELL, ESQ. offered the
following resolutions.
Rcsoired, That as we pretend to be a
free and independent people, and born
with equal rights, our liberty cannot be
abridged by amy voluntary contract.
E,Sotred, That debt fairly contracted,
and inability to pay arising from mislor-
tune, is no crime, and no person can be
justly deprived OF his Liberty for the non
payment OF the same.
Rrsoired, That the Imprisonment of an
honest, unfortunate, ,nsolyent debtor, with
out trial or conviction Of amy crime, is a
wanton usurpation Of power, oppressive
and unjust and is fragrant violation of
the nights guaranteed by the Constitu-
uUn.
Resolrcd, That the people are morally
ana religlUusly bound to resist every en-
croachment personal liberty guaranteed
by the Constitution, and to defend the
rights of the people from any attack,
whether made by the introduction Of for
oign laws, or by the authority of our own
Congress and Legislatures, or by the in
PRODUCTION (without law of barbarous
custom, from barbarous period Of the
history of Foreign Country.
RcSJlrtd, That debts fraudulently con-
are criminal offences, and the
ought TO be punished as Grim
iuals.
htsoi"ed, That punishment for fraud
should never be inflicted at the mere will
OF the creditor; but that the debtor should
have abundant opportunity to defend his
character, and establish his innocence
before an impartial tribunal, and that all
Instances to the contrary are net only pal
paOly UNJUST, but III open violation of the
declarations contained in the Bill of
Rights and the Constitution.
kcsoired, That the lawloss custom,
pretended lawful authorising imprison-
ment for debt, ought to be abolished; and
that we will use all fair and honorable
means to procure It's annIhiaton, s. that
we earnestly invite the co-operation of
our lellow-citlzcns in this State, and in
all States where the custom exists, to and
us to erase this foul blot from our nation
al character, and restore the liberties of
the people.
Resoircd, That humanity shuddcrs at
the incredible fact that in IA case of mur-
der Of the deepest dye, may even in
case OF parriclde, the criminal is not even
MiLhnnt trial While Lmrlnn-