Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-01-28
SATURDAY, JANUARY %. 1882
INpRI ONMfNT FOR DEBT.
Jfr. Johnson's Req ort concf' died.

of constituting the demand ot dept INTO the sup
position of crime, for which he was subject to
arrest on mesne process; and the evidence OF
debt into The conviction OF a crime against the
peace Of the kingdom, for which he was depriv.
ed. of his liberty AT the pleasure OF the offended
party. These practices OF the courts Obtained
by regular graduation. Each act Of usurpatlon
was precedent for similar outrases, un'ii the
system became general, aud a: length received
the sanction of Parliament. The spirit of ava
rice finally gained a complete triumph over per-
soma liberty The sacred claims OF misfortune
were diSregarded; and. To the iron grasp oil po-
VERY. were added. the degradation OF infa-
nv, aud the misery Of the dungeon
Parliament appeared sometimes to relent. and
made several Efforts to correct the a0uses but the
influence of creditors, and the power OF the courts,
were too formidable for Parliament itself; and
while Il vesiige of the system remains. the OPP
pr..,lon will never terminate. The time was,
VIII II personal liberty in England was So highly
valued that before the institution OF suit against
an Individual. the plaintiff was required 10 give
real and responsible pledges, to prosecute the
suit with effect: aud It the action proved To be
groundless, or malicious, he was subjected to da
images. Bat ultimately. the courts. without the
auihDrity 0f statute. broke this common law bar
rer against oppression. and tor real pledges sub
situated fictitious names. a. John zoe AMI zach
ard Zoe: while. upon the mere suggestion or oath
ui he plaintiff. the defendant may be arrested
and Imprisoned, before debt is proven; unless he
eau procure bail for his appearance hus Was
the whole artiGce of the learned benches ct Eng
land. with all the authority of the aristocracy.
employed for centuries. to introduce, by the
most gradual measures, Imprisonment for debt.
even before people, accustomed TO all the abus
es o. hereditary power, could he brought under
ITS cun,ro'. But when it waS established. our
ancestors, with the whole system Of British iu
risprudcnce, brought il with them 10 this new
world. 1t has heeu long endured, and its mise
rie- have been extensively felt. 1t is this day
de2rivins our country of the industry OF her elti
zen, and CARRYING distress into their numerous
facoiIics But there Is evidently spirl, Of re-
foruation awakened N the public mind. and
the rrdccmins voice OF the people demand the
change.
Publlc sentiment. like the general tendency of
our laws. is in f,y ar Uf the unfortunate debtor:
II >p"aks ior liberty. and gives il an estimate
abo,e the value nf gold. II there is country
on earth, in which personal liberty has claim to
the protection of the law. paramount to every
Other claim. il is found on these western shores.
b. White the bndy, uider any circumstances.
s table to arrest ON mesne professor after judg-
Of property, or to punish TO, real insolvency.
there is no security for liberty Till the desti-
ME, Of fortune shall b. subject to human
cnu'rpt, M citizen. however meritorious,
is ceitain "a close his DAYS without being
i'm aured in the walls of prison. Ii stolen
goods are secreted, the cath ct suspicion is ne
ce>>arv to procure search warrant; and then
the person suspected is free from arrest, till the
property is found in his possession. But in case
OF debt. the person Is liable tn be arrested and
tn d. tetd in custody even under the mildest
in,nI,ent laws, tl the debtor shall. on oath.
make surrender Of his effects. The plea of
necessary coercion furnishes poor apology
Mn, heid in confinement Tor one hour, by the
la iu authority Ut his fellow citizens. is dcgrad.
ell IN the estimation of society, and is liable to
lose respect for himself. The spirit Of freedom.
which achieved, aud which still sustains, our in
dependence. is broken: and he often sinks into
state oil ruinous despondency-or is urged on
TO acts of desperation. The only safe course is.
TO destroy the capias ad satisfac,endum. the writ
which takes the body upon Judgment, and as
experience NAV point the necessity of other inca
sures To secure the surrender Of the property,
Tins will perfect them The power of the State
Legislatures. is ample, aud they will not fail to
provide the remedy; aad the committee believe it
wi be mos, wise TO leave that power with the
States. Whatever NAV be the theory legisla-
sion. the true character Of a system is denon-
s, ated by its effects. II il renders society more
fire and happy. il SHOULD be retained; but If it
augmeuts the suffe'ings Of the community, with
ou' producing benefits which will more than coun.
ter,sl. the evils, it ought to be abandoned. The
spurious origin Of this system. not the leading
point on which the committee would dwell-nnr
even the generous sympathies which its victims
excite. Its ru,noas consequences to society,
without benefit even To the creditor, show the ne
cessity of us abolition.
The power OF the creditors generally exerted
under feelings Of irritation. and to satiate spi.
rit Of revenge. The American CITIZEN, who has
bled for his country, or whose penury has result
ed from his fathers sacrifices in the cause of in.
dependence, is reduced to condition in which
he cannot meet. with punctuality, the claims
against him. WHAT'S the consequence From
that moment his liberty is forfeited to the discre
ton Of his creditor. His patriotism. his inteyri-
y Of character, avail him nothing. 1.-The is per-