Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-01-28

then. like the culprit who has received punish
men, for his crime, he is discharged from prison
This is the liberty which Americans enjoy,under
the system of imprisonment for debt Even the
illustrsus Jefferson that patriarch ofiberty,and
An, v;,tnous and patriotic Monroe, whose lives
were devoted to their counr, in its darkest hours,
enioyed their freedom. during the shades OF re-
tirement, not by the protection OF the law. but
by the forbearance of their creditors citizen
cannot by contract, cOnsIgn himself to bondage.
He may fix his signet tn the identure that Pur-
purts to bad him; but the law will break the fet-
ter. A man may forfeit his libertyb by the con-
mission of CRIME: the safety Of society may re-
uuire that he shall be locked out from the world;
but the debtor is not convicted OF crime; hs IL
berty is not dangerous to society; yet 10y techni-
cal implication, he may be consigned to prison.
The slave. while he Tolls for his master, con-
tributes to the nations wealth, and to the bene-
fit of society. The resources ol nation consist
principally in the industry Gifts citizens. and la
Dor, by whatever hands performed, Is contri-
button to the public veal. Bat he who pines
day in prison, drass out thatportion OF his life
in useless lnd0leuce; starving in misery, or living
upon anotber's labor. while society Is deprived
of his own. The miseres of the debtors prison
present a picture of wretchedness which fancy
could scarcely draw. These miseries are not
confined to the prisoners CELL They extend, IN
al, their horror, to the humble dwelling OF his Ia
miIy The broken-hear,ed wife. surrounded
with helpless, suffering children. weeping Tor the
return of an atfectionae father, innocent and IL
norant of the fell DESTINY which dooms Their, To
state Of unrmely orphanage, is driven 10 des-
pundency, aud sometimes to acts OF intamy. Nor
is the evil ubvated by the argument, that the
milduess of the insovsnt laws. furnishes an cas-
release from confinement. The moment citi.
zen cutters prison, at the command oil his tel
low-citizen. his mind hurnbed; and the princi-
pie is the same, whatever may be the duration,
whether it can deprive him OF his liberty tor
dav. IA month, year, or three score years and
ten. Notwithstanding all the Doastlns OF the
midness of our insoIvent laws our jails are crow
ded with debtors-thousands ere annually I'm.
prisoncd for debt in these United States These
facts amply demonstrate, that the existing Insn.
vent laws do not furnish remedy for the evil.
II must be eradicated by an entire and total abo
luton.
In the courts of the United States, no securi-
" can be demanded against groundless or mali
cious actions. except the legal casts OF suit. Bu'
by general practice under the laws, the simple
affidavit of the plaintiff. that the defendant is in
deb,eCi to him, is sufficient to consign the defen-
danr TO prison, unless so,ne responsible person
will befricnd him by becoming his bail. He is
not required to state that the obligation WIS IN
Cured by false pretences, nor that the defendant
was suspected of an intention to secrete his pro.
perry, or TO withdraw his person. or to entertain
any fraudulent design. Nothing is required, but
the plaintiffs oath of debt. to place the liberty OF
the defendant beyond the protection OF law, and
subject him to the favor Of Al individual 10
HIM from prison. II is difficult 10 ascertain any
fixed principle upon which imprisonment for debt
Is advocated Ii is regarded, by some. as pun
ishment for crime; by Others mode OF coer-
con; BY others, again. matter OF pubic policy.
If it is a crime, the object OF punishment should
be the reformation of the offender. and the pre-.
vention of future offences. An offence is against
society; the guilt of the offender should b. ascer
tanned by jury; the penalty should be liked by
law, according to the degree OF guilt, and pro-
nounced by the court without consulting the plea
sure of an individual but in imprisonment for
debt, there is no refOrmstion.) Society is not
disturbed by criminal act; no guilt is imputed
to the debtor; the law furnishes no penalty; the
court pronounces no sentence; there are grades
of offence: all is left to the discretion Of an in.
diyidual. and the law operates Unfortunately
upon the fraudulent and unfortunate. II it be a
means Of coercion, it is ineffic acious 1t cannot
compel the honest man to pay what hehas no means
of paying. 1t places him beyond the possibility of
procuring those means. The dishonest man will
devise method of placing his property beyond
the reach OF his creditors. by preparing himself
in anticipation Of the result. He will triumph IN
the impotence Of the laws. The innocent are al
ways degraded, and oftened ruined, while the
guilty escape the punishment which their crimes
deserve. 1t is not the fuliiment Of contract.
No fair construction, even under all the fictions
of law, can justify the conclusion, that debtor
agrees to forfeit his personal liberty to the will of
his creditor. The debtor, as citizen and free
man, in all respects equal to his creditor. No con-
tract could deprive him otpersona independ. nee;
and in contracting debt, he has no intention to
compromit his freedom. A contract upon such
principle would be void, both in law and in equi.
~. In contracting debt. there is a mutual
agreement between the parties, in which both are
nteresed: il loan. it is for usury; if sale, it
is for profit; if an act Of friendship. gratitude is
the safest pledge for ITS return, when circum.
stances will permit. But in all cases. the abiIi.
ty Of the drbtor from the property which he holds,
or may acquire, is the only proper means Of pay