The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1831-10-11
IMPRISONMENT FOR DEBT.

School-strcet, Boston, on Monday even
ing, Sept. 10, Hon. ALEXANDER III.
EVERETT was called to the chair, and
JOHN C. PARK, Esq. was chosen Secre-
tary.'
NSEyERETT in taking the clair, in a
iesseClea, and iorcible remarks, stated
the object of the meeting to be, the con-
sidera,ion of means by which the legali-
ty of The monstrous abuse Of imprson-
ment for debt might be tested by the
highest judicial tribunal. He adverted
to the singular fact that while public at
tention 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
repugnant to the spirit of our Constitu-
tion and fee government, still was sut-
iered 10 exist Ii was latnentable, he
observed, that at this late day we were
beginning to be reused upon the subject.
The very darkest corners OF Europe
were awakening to spirit of examine
ton, and even Spain, when she shook
off the monstrous lnquisitive, and retain
ed Imprisonment for debt, lightened her
self of the least evil.-Steps, to be sure,
had been taken in this country; and o.
hio and Kentucky had sent us an ex-
celent example in the total abolshment
of Imprisonment for debt. In them the
experiment had been tried and none of
the inconvenience which had been US
ually anticipated had been experienced.
In other states the rigor of the law had
been somewhat ameliorated. Females
had been exempted from arrest, and
debts Of small amount could not be used
as q means Of incarceration Still, much
remained to be done. The Governor
had referred the matter to a Committee
of enlightened men, and some expression
Of public opinion at this juncture might
do much service
Though no lawyer il did seem to him,
that protection ofproperty might be made
consistent with protection of person.
This evil certainly was OF statute origin,
und was totally oppvscd TO the spirI of
our Constitution and that Of Great Brit
ain. So much so that in the days of Sir
William Blackstone, may even sixty years
ago in this country, it was necessary to
allege a breach of the peace, and thus by
u "legal felton," and under color of the
law, this process of Imprisonment was
sanctioned Whether this custom had
become so sanctioned by constant usage,
and statute as to be constitutional, he
did not pretcnt to know, at ull events
he wished it submitted to the Supreme
Court
Thomas j. LoBDELL, ESD. offered the
following resolutions.
Resolred, That as we pretend to be a
free and independent people, and born
with equal rights, our liberty cannot be
abridged by any voluntary contract.
Rssolced, That debt fairly contracted,
and inability to pay arising from misfor-
tune, Is no crime, and no person can be
justly deprived of his liberty for the nom
payment ofthe same.
RESOLVED, That the Imprisonment of an
honest unfortunate, ,insolvent debtor, with
out trial or conviction of any crime, is u
wanton usurpation of power, oppressive
and unjust, and is fragrant violation Of
the rights guaranteed by the Constltu-
| ton.
Resolped, That the people are morally
and religiously bound to resist every en-
croachment of personal liberty guaranteed
by the Constitution, and to defend the
rights of the people from any attack,
whether made by the introduction of for
eign laws, or by the authority ofour own
Congress and Legislatures, or by the in
PRODUCTION without law of barbarous
custom, from a barbarous period Of the
history of Foreign Country.
ResoIued, That debts fraudulently con-
tracted, are criminal offences, and the
perpetrators ought to be punished as GRIM
inals.
Resolred, 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 not only pal.
pably unjust, but in open violation Of the
declarations contained in the Bill of
Rights and the Constitution.
Resolped, That the lawless custom,
pretended lawfully authorising imprison-
ment for debt, ought to be abolished; and
that we will use all fair and honorable
means to procure its annibilation, g. that
we earnestly invite the cooperation Of
our fellow-citizcns in this State, and in
all States where the custom exists, TO aid
us 10 erase this foul blot from our nation
al character, and restore the liberties Of
the people.
| Resolped. That humanity shuddcrs al