Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-07-03
Gon@ress---ed Sess.

hDui"onMEAr OF iMrRl>uNMLNI FOR bahf.
nth" Senate, on Monday The Ism Nj! Iailnadge SAID
he rose 10 hsk the unanimous Consent {" the Senate to
bing bill to abolish imprisonment for debt IN certain
Introduced tins subject. some time since, said
Mr. r, 10 the attention Of the Senate, by presenting
petition for that purpose and referring It 10 the commit
tee The Judiciary. had hoped that committee, who
or. 50 abumdanty competent w0Gd have diNested bill
FL the adjustment OF Imprisonment for debt in all
process issuing out Of the 81 ths Unli"d
States | am o. the difficulties in framing the
details Of such bill and am also that there might
be difference of opinion as To lis adoption fully
appreciate the situation o! the comm, eP, and do not
intend in the sghcs, degree, TO complain OF their In
action.
For myself, ON free 10 say | am in favor Of such
bill III It's brondrst terms ! member Of the New
York Legislature whrn the Of that Stale passed abo.
ishing Imprisonment for debt There was much diff
ference Of opinion then existing that subject But
believe since lhrptac,ical operation of the act has
aud felt II has become entirely satisfactory the
great brdy Of TINT community. So it wnuld be n the
United States if Congress would adopt The
The example of this Government too, would have
tendency do away that relic of barbnrisni in those
States where il still exists.
AT this late period IN The session | unwilling 10
present bill so broad in is operation Ia call forth de-
bate either upon its general principles. the detail Of
its PROVISIONS and thereby defeat passage this time.
| WILL therefore, content myself with mrnsure which
trust will meet the appreciation Of Ill. and which will
receive The favorable action OF Congress before adj.
irunmpnt propose that person shall bs inpTisnn.
ed for debt in any State prncrss issuing out Of court
of the United States where By the laws Of such State,
imprisonment for debt has been sb"lIshed THIS propo
slun think cannot he reasonably objected 20 from any
quarter. Ii will answer Tie present emergency. aud
Congress cun hereafter with full deliberations act on the
general QUESTION OF! unlimited aud unconditional abolish.
nent OF Imprisonment for debt IN all cases within lis jn
risdicion consider it the relic of barbarous age,
umsned To III. times III which we live. and deroga,oy
10 the free institutions under which ii is tolerated
| sill Letau the Senate by discussion NJ The
general question. wish merely 10 call e,e attention
Of Senators II The precise proposition which intend 10
submit this lGc.
Much excitement p.cva Ia, and Justly prevails, in the
city o New York this sub" W hist our citi
zes exempt from imprisonment under the process of
courts stall they as well rs strangers and ci'i
z"ns from other States. nc1crralrd under process
from the courts Of the IT, 5. This strange anomaly
and ought not In east. am told. that the 1il in the
city Of New York is crowded with unfortunate dcbors
from other States, who have been arrested aud committed
10 prison for want of bail under III" laws OF The u $
and who would have been exempted from imprisonment
under the laws of The State Of New York. These CHI
gems have gone there business
perhaps; r New York is the grea, commercial pmpor
un. "whcre merchants Mos, do c"ngregate Shall it
he tolerated. that the rights "f The czrn shnll be thus
invaded; The Constitution says 9Th" citz'ns Of each
Stale shall bp entitled 10 all h- privileges and mrnun
ties of ciIiZr MS ia the several States II may well ne
doubted whether under this clause. The cz" rs oi ano
Their State he imprisoned UT BIT br process from the
OF The l. - Stale where, br law, lNlFrtsul.
en for debt has been abolished |, AT least against
the sprtt Of the Constitution merely make this sug
ees,ion rom fist impressions "iih"u, having hesiow'
thought upon 10 enable me 10 70 into constitutional
argument. ] wish AVOID all such discussions at THIS
time Nv proposition does not necessarily head IN them
But AK shall IL be tolerated that the lass of the tr
neral Government, shall be used engine OF oppr's.
siom and TO supssede the b"ngG and phiIanthropc L.
rslari"n of the States The process OF your courts IS
abused II is used evadc aud defeat the spirit Of the
Ian. IiniIl nil the States otODl this
name principle. there will b. difficulties enough be
tween themselves, without auPcraidng the oppression
of tie General Government
Ry the law ui New York. her citizens exempt
from, Imprisonment within her borders Blu, It
of iher seize another ~ 4 State wh"Te mpIiSon'
men is not abo>h-G he can npr!sUn HIM there, al
though by orr Laws h. would br exempted al hone"
This rv only be corrected hy the legislation of The
respective Stairs The re evils however. whIch the
legislation Of Congress alone can reach. N"rw'thsnnd
lng lilr lass u. New FORK exempt her citizens yet
If tie pnin,ff resides in another STATE hr may npr'son
the defendant in New York. under process from tie
courts OF the States And am trldIt IS not unusual
for demand 10 be rnnserr 10 friend in aJulnlng
State for The purpose o enforcing in that manner
So too ninny citizens Of other Stairs although exempt
ed by our laws. ure imprisoned IN New York by like
prvcrss from Courts % the United States
have merely aud, d to these cases by way nf Illus
traiiun md by way OF showing the crying evil under
which many Of our citizens are nov labIrrng When |
SAID the jail in y York WAS crowded with unfnrun'te
debtors, IL was no - fancy sRclch lie sEl,tC mas
been deemed worthy the presentrncnt of grand jury 81
that city They visited. in body the prison, and ''were
shown a range of twelve cells, OF the DIMENSIONS OF
rbnu len feet by each. occupied, they were in
termed by the keeper, by twenty three lndv dulls. or
about W. to each cell. These cells originally design
cd for the patton of bat person. obviously
not sufficiently well ventilated Tor the accommodation
of lw0 particularly during the present extreme heat"
the weather. In addition TO this, from the manner Of
the building and Consequent iampnrss ut The cells, The
rIic, pul1S 81
as vet 10 be- very unfit situation 10 BE- rnau,rd by
individuals whose lives hsGlih are of the last i'm.
porauce 10 themselves, to families from whom they
may be separated or 10 The community al large.
sit i, but net on Justice 10 say, tha, the arrange
mert OF two persons IN n cell dictated BY motives
Of humanity bring the best that could lie done under
existing circumstances, The ground tier Of cells, from
their excessive dampness, beng absolutely unten1nta
be From the Of the laws Of our State nppn the
subject Of Imprisonment for debt the persons thus
fnrd are strangers and certainly not class whr To
be cons!der,d as having on that account diminished
claim upon sympathy. Among their complaints u
colds and various rheumatic aitrct"ns resulting
from the causes ndverted to- of character
such as being thus brought 10 the notice of the proper
authorities persuaded will not fail to receive that
Immediate and proper attention tor which the crcum'
stances call.
There is no doubt that the proper authorities will do
all in their power aud all that humanity requires To al
levia,c the condition of these unfortunate debtors
would remind the Senate that, as appears from The
prrscntment of the grand jury, he persons thus con
fined Strangers citizens of other States and all
imprisoned under the benign laws OF the United states
Is there Senator here whose blood does not boil Win IN
dguaion the very idea Tint citizen Of his own State
should b. thus confined like feon far from his home,
beyond the reach Of friendly sympathy, with perhaps
wife and children dependen, on him Tor support. anu anx
iously waiting his return, there Senator here who
WILL for moment consent that the health, and per.
haps the life, Of that citizen shall be sacrificed or even
jeopadcd under Tie operation OF the baroarous code
which still prevails in this Government
''SIut from the crmmoI AIT anI common use
OftI.lr ow limbs, hos many drink the cup
OF huie(u grl.f, cat the bitter Dread
OF uIs;y!'
If such would be the feelings If every Senator, let
him unite with wipe this foul blot from the statute
books Of the nation ~
Leave was accordingly granted the bII! was intro
duced, read twice. and rPitrrFd.