Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1837-04-06
(For the Hleratd OF the Times.

dium OF your paper to call the attention
of the public to a subject, in my opinion,
vitality important in its bearings on the
social interests of The community. am
not sir about To advance auy fancilu the
ory, or speculative opinion, but merely
to make IN plain way n statement OF
FACTS deduced from a long and painful
experience. IL has been sarcasiically
remarked by satirical writer, that "the
greatest crime man can be guilty Of is
Poverty" Our Legislators seem to
|, have been deeply imbued with the spirit
OF that apothegm, in framing the laws
relative to DEBT They have not in
deed placed the offences Of Misfortune
and Poreriy actually on the criminal
code-but the pains and penalties attach.
ed thereto arc even more severe than
those visited upon the midnight robber,
the ruffianly assaulter, or the swindling
knave. This il will be said is merely
an assertion. But am ready with the
proof A man charged with an offence
against the criminal law, can demand a
trial by his countrymen, and in case Of
his conviction, certain amount Of pun
ishment is awarded, and he knoms that
when that amount is fulfilled, he will a.
gain be free. Not so with the unfortu-
nate debtor-hs, through the caprice or
maIignity of a rcmorseless creditor, may
be at any hour torn from his business and
family and incarceratcd in dungeon
he knows not for ~hai length IF lime
that is at the option Of his creditor. A.
gnin--the criminal is at no expense dur
ing his imprisonment whereas the debtor
incurs bill of costs frequently doubling
and trebIing the amount Of the original
debt. 1t is true that in some cases this
may be avoided by taking what is called
the poor debtors oath; but in nine cases
out Of ten that have fallen under my no
tice, the prisoner has been unable to take
the benefit Of that oath from inability to
delray the expenses incident to the pro.
cess. Very frequently indeed the a.
mount necessary to procure to a man the
advantages Of the oath exceeds that for
which he is imprisoned and after sul-
fering the hardships Of Jail for a week,
fortnight, or month, as it may bc,-he is
glad to compromise the matter, urged by
the necessities Of a dependant family, by
giving his note for the debt and paying
heavy costs, which he is only enabled TO
do throug b the assistance Of his friends
the holder Of the note having it in his
power at any time to subject him to a
similar series of hardship and expenses.
l think | have pretty clearly proved
the inhumaniiy Of the law-let us now
consider its utility. Every man, how
ever slight his acquaintance with the
principles Of political economy, must be
aware that the two grand objects ofeve-
ry Legislative enactment, should be first
Guardianship and protection Of indiridu-
al rights, and next The diffusion Of gen
eral MORAL INFLUENCE. Now | will
confidently assert, that the law in ques-
tion is, in its effects, directly oppoche to
both these requisites. OF the many ca
ses that have come under my observa-
ton during long period, can hardly
bring to mind solitary one which has
resulted in tho slightest benefit to the
C. ediior.-Very frequently exactly the
reverse. For example, a in n fit Of
spleen or pique, sues I' for some trifling
sum-perhaps two or three dollars-and
Is goes to jail. In a few days, per-
chance a week, AS pique subsidies, and
he pays visit TO his prisoner. Being
naturally a good hearted fellow he is
moved at the comiortcss condition Of b,
and tells him "if he will pay the cost he
can come out" B dolefuly assures him
he has not a cent in the world, and the
matter ends by A himself paying tho
costs likely double his dcbt-thus to use
a l,omely but expressive phrase "throw-
ing away good money for bad" Anoth-
er case. &C puts ID in Jail. ID stays
there for I days and then swears out
The costs then fall upon c, who, exas-
porated, declares he will keep d there