Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-01-27


for debt. For ages past, the common rivh,. "
humanity have been violated upon the 9 S,s.v.
that, in some cases. fraud may exist and to."
degree. as may justly deprive citizen of 'I Na
liberty. The committee are aware that suot ~"
SEES c,ay exist; but can there be no other rem.I'
provided than that Of submitting il to the ,,h;,S
ry will of the creditor. to punish at discretion ~
innocent and the gnilty7 Shall ninety .nins :"
nocent victims Of misfortune bc cut off from ,h.:
families and the world, that one fraudulep, d.t.
or NAV be punished without trial, and with,
proof of guitl 1t is inconsistent with the wboi.
spirit Of our institutions, to urge, as arsumen,.
IN v0r Of the system. that creditors are sedO,
vndictive against honest debtors; or that Fraud
lent debtors are more numerous than cruel r..
dltors; or that public sentiment will correct q.
disposition to act with severity.
The facts are often the reverse. Creditors, -.
often relentless. II is doubtful whether fraud,
rot as common on the part Of the creditor. a, n,
tina, Of the debtor, land cruelty more conmon
than euher;) and public sentiment has but lmI,
influence over an avaricious mind. The system
originated in cupidity. 1t is a confirmation 4
power in the few against the many; the Patrici,,
against the Pebian; ard it is doubtful whe,L,,
that civilized community ever existed, whi,s
would tolerate this system, if the sentiment.
all could be known and faithfully representa-
But we learn. from long habit. to endure, and
even to advocate. what becomes most execrah.
to US when the fetter is broken. % long a,aM
itary benefit is known to result from any e.t,b
ished Custom, however oppressive or absurd !,
its general tendency. still here is reIuctsuc,
to change. The Spanish inquisi,on, now III.
all IS oil I'D,
sustained in many countries, by the tyrant's plea
Of necessity for restraining VICE: and its crue,e
were long tolerated. upon the principle that some
solitary benefit might result. Even in this couu.
try, aud to the present day, the force of the an.
cient prejudice is ST. strong, that person. are
found who are fearful for the interest of religion
if underlined and unprotected by legislative a, Il,
and. in support Of the principle, some Instance,
may be cited, in which this interference ma,
have restrained licentiousness. In the burningi
thousand herercs, the world may have been de-
i,ered from one dangerous. citizen. In the de.
suction of thousand sorcerers, convicted Of
witchcraft, one knave may have persisted The
benefit Of clergy, which secured from capital pu.
nishment, for petty offences, all who could read
and write, while the more ignorant were doomed
to death for the same crimes, may have saved
some useful lives. when milder and more pqu.
table administration Of justice would have saved
ma,ay. A despot. clothed with unlimited power,
governing without law, may have punished some
offenders, who would have escaped under our
republican institutions.
All these cruelties have been legalized; and
while bleeding humanity was sinking under tn.
oppression. the few instances of apparent brne.
fit sustained the whole system of tyranny; ard
the whole world bee anne so reconcled to the bon.
dage, that every reformation has been effectedby
violence, and toll, and blood. Of a similar cha
racter is this remaining vestage of barbarlsm,
which dooms the victim of misfortune to the cul
Prit's destiny. II 10 sustained upon the same
principle. In the imprisonment Of hundred
debtors. one may have deserved The punisbmen.
of fraud; and in this solitary case Of just reti,
button. the cries Of the ninety-n innocent suE
ferers are unheard or unregarded. The obIga.
ton Of contract is sacred. The commtts.
would not recommend a measure caeuIatedn
impair I. The property of the debtor is made liable
for its discharge. in all we'll regulated societies,
with such reservations as are deemed Necessary
by the sovereign. power, such as giving immediate
relief to the wife and children. together WITH
such implements as will enable the husbandman
and mechanic TO pursue their useful vocatiOns.-
These reservations we're made in the early ssei
Of the Grecian Republics; and the principle has
been held sacred BY municipal law, by common
law, BY civil law. 1t is regulation which the
of the common wealth requires, because
industry is the life Of the country.
A nation may exist without professional men,
without monied capital. but it cannot exist ni
civilized state, without agrlculturasts and artl
zans. But It is Of little avail to reserve therln'
plements of labor. and ilnprison their persons
The State sustans loss. the families are ruined
and the creditors are not benefited When the
effects Of the debtor are exhausted, and his debts
remain unliquIdated, the world has been divided
10 sentiment as to the extent Of pecuniary o.
legation against the personal liberty Of the debtor
In ancient Greece, the power Of creditors over
the persons Of their debtors, was absolute; and
as in all Cases where despotc control is tolerated
their rapacity was boundless. They compelled
the insovent debtors to cultivate their lands like
cattle, to perform the service Of beasts Of bur-
then, and to transfer to them their sons and daug
tiers, whom they exported as slaves to forelsT
countries.
These acts of cruelty were tolerated in Ather'
during her more barbaruus state, and in perfect
consonance with the character Of a people, Who
couId elevate a Draro anil ho,. o., h;s m ndate,