Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-07-27
IMPRISONMENT FOR DEBT.
NO. +.

chance for fair hearing before the Leg
slaiure. II has become the fashion of late
at public meetings to resolve that imprison
ment for debt should be abolished II lie
true but very little reliance can be placed
on these resolutions; they are often got up
FOR effect and are soon forgotten. Those
who wish to gain favor with the dear peo-
pie propose these resolutions, so full Of gen
crosby, and there dro? the subject. The
course taken however is an indication tina,
the subject is considered important, and
truely it is. Indeed there is scarcely one
more 50, and it is to be hoped that some
man will dare 10 bring the subject fairly
before the next Legislature. In order 10
fix attention and enable those who take any
interest in the matter the better TO see the
bearings of it, I beg leave through the
columns of your paper, to offer a few
remarks on The propriety Of abolishing
imprisonment for debt. Having heretofore
addressed the public on the same topic, I
may fall into the same course OF reasoning,
in some measure. nor shall attempt 10
avoid it, FOR think the reasons offered then
were we'll founded, and if so they are
right now.
Next to reputation nothing can be more
important to any man than personal liberty.
1t is one of the dearest gifts that God
ever gave, and the man who does not prize
| it 10 himself and respect it in others should
be marked by the finger Of scorn. The
liberty of the citizen is a chief care
of government, it is the second grand
object for which civil institutions are
founded and upheld. Life, liberty, and
property are the three sacred charges for
which men unite together in society, and
the government that fails to protect every
citizen in the perfect enjoyment Of liberty
does not answer the end for which it was
instituted. How much less then does it
perform it's legitimate objec, when it
authorizes the deprivation of liberty, and
under the forms Of law a lows one citizen to
thrust another into prison. This practice
has become so common that it excites little
or no attention, but the right is ,oithout any
foundation. There is not single argu'
ment tojus,ify it; is as groundless as the
claim Of The STAKEHOLDER, and as Ubiquitous
IN The sight OF heaven. 1t may be thought
strong language thus to mpeach an usage
tina, has become venerable, but | ask my
readers to consider the subject carefully
and learn, if they can, on what ground II
can be justified. The right of the govern.
ment to imprIson for crimes is admitted
or if they have the right to take life they
NAV take limb. 1t does not follow how
ever, that because government may i'm
prison, individuals may do the same, even
for crimes. No power short Of that which
can sacrifice the phoie individual can
deprive him of part. The right 10 i'm.
prison rests on the principle that the 'ohole
: man. life and body is subjec, to The disposal
Of the pow err that lmprIsons. Government
NAV order the execution of criminal. and
give his body to be dissecled, bu; lnd'v'du-
ais in no case have any power over the
bodies of their fellows. The right OF the
creditor to lmprison his debtor is without
any foundation, except on the principle thai
he has power over the whole man, and
consequently if he may imprson tor a
m ,ment. he may continue it for years
sell him in the market, or dispose OF his
dead body to the surgeons. This PROPOSE
ton is 100 dreadful for endurance, but it is
only following up the argument to the only
principle on which it can be founded, only
showing that it's consequences demonstrate
; the falIacy of the principle.
The right of Imprisonment cannot be
founded on the principle that failure OF
payment is crime. Neglec, of payment
may be an injury, aud for this the party
injured may have redress; but neglect o
paymen, is not crime, and by no obiquity
, of thought or perversion of language car
il be made TO bea, that construction. 1t 10
however, one of those self-evlden, PROPOSE
5 lions tina, canno, be made palmer by argu
: ment. If it were crime it would by nc
means follow that authority to punish Is
: conceded to the creditor. In cases OF
r undisputed crimes, there is ever an injury
h, inflicted upon some individual, but still the
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