Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1838-06-29
CONGRESS-.
.l-l-.l In Senate. June ID.

sA'ah hiROANNCs1Nl Il Oh
Mi. 'Tailmadge said he rose TO ask the
unanimous consent Of the Senate to bring in
a bill to abolish Imprisonment in certain cas-.
es. introduced this subject some time
since, said MIR. H., TO the attention of the
Senate, by presentinga petition for that pur-
pose, and referring it 10 the Committee on
the Judiciary had hoped that Commit
tee. who are so abundantly competent. would
have digested bill for the adjustment OF
imprisonment for debt in all cases issuing
out oil the Courts Of the United States. |
am aware OF the difficulties in framing the
details of such n bill and am also aware
that there might be difference of opinion
as to its adoption. fully appreciate the sit
uatlon ofthe Committee. and do uot intend
IN the slightest degree TO complain of their
inaction. aa t
For myself am free to say, I am in "a
vor of such bill in its broadest terms.
was a member Of the New York Lepisa.
ture when the act ofihat State passed abolish.
ing imprisonment for debt There was much
difference of opinion then existing on that
subject But, believe. since the practical
operation OF the act has been seen and felt,
II has become entirely satisfactory to the
great body Of that community. So il wonld
be in the United States, if Congress would
adopt the measure The example of this
Government, too, would have a tendency to
do away that relic of barbarism in those
States where it still exists s
AT this late period in the session am I'M
willing to present bill SO broad in its ope-
raiions as 10 call forth debate, either upon
It's general principles, or the detail Of its pro-
visions, and thereby defeat its passage al this
time. will therefore, content myself with
a measure which trust will meet the ap-
probation Of all. and which will receive the
favorable action of Congress before its ad-
journment propose, that no person shall
be imprisoned for debt in any State on pro.
cess issuing out Of court of the United
States, where. by the laws Of such State, i'm
prisonment for debt has been abolished
This proposition. think, cannot be reason
ably objected TO from any quarter. 1t will
answer the present emergency, and Con-
gress can hereafter, with full deliberation,
act on the general question OF unlimited and
unconditional adjustment Of imprisonment
for debt in all cases within its jurisdiction.
consider il the relic of 5arbarous age, un-
suited TO the times in which we live. and
derogatory to the free institutions under
which ii is tolerated.
will not detain the Senate by any dis
cussion of the general question. | wish
merely to call the attention of Senators to
the precise proposition which | intend 10
submit at this time.
Much excitement prevails, and Justly pre-
walls, in the city of New York, on this sub
ject. Whilst our own citizens are exempt
from Imprisonment under the process OF our
own courts, still they, as well as strangers
and citizens from other States, are incarce-
rated under process from the courts of the
United States This is a strange anomaly.
and ought not to exist | am told thai the
jail in the city of New York is crowded with
unfortunate debtors from other States, who
have been exempted from Imprisonment I'M
der the laws of the State of New York
These citizens have gone there on business
mercantile business, perhaps for New
York is the great commercial emporium
g where merchants most do congregate -
Shall IL be tolerated that the rights OF the
citizen shall be thus invaded The Consti-
tuition says, "The citizens Of each State shall
be entitled TO all the privileges and immuni
Ties OF citizens in the several States" II
may well be doubted whether, under this
clause, the citizens of another State can be
imprisoned for debt by process from the
courts OF the United States. in a State where,
by law Imprisonment for debt has been abol-
ished. II is, at least, against the spirit ofthe
Constitution. | merely make this sugges.
ton from first impression, without having
bestowed thought upon it TO enable me 10
go into constitutional argument wish to
avoid all such discussions a, this time. My
proposition does not necessarily lead 10 them.
But, ask, shall il be tolerated that the laws
of the General Government shall be used as
an engine of oppression. and to supersede
the benign and philanlbropic legislation of
the State The process of your courts is
abused Ii is used TO evade and defeat the
spirit OF the laws of the States Until all
the States adopt this humane principle, there
will be difficulties enough, as between them
selves, without superadding the oppression
ofthe General Government ls-.
BY the law OF New York, her citizens are
exempt IRON Imprisonment within her own
borders But if one OF them can seize an
other in State where Imprisonment is not
abolished, he can imprison him there. all
though by our own laws he would be ex-
empt at home. This evil can only be cor
rected by the Legislation of the respective
States. There are evils, however. which the
Legislation of Congress alone can teach
Notwithstanding the laws of New York ex.
empt her own citizens, yet, ifthe plaintiff re-
sides in another State he may imprison the
defendant in New York. under process from
the courts Of the United States And am
told il is not unusual for demand to be