Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-08-03
IMPRISONMENT FOR DEBT.

The strong argument for Imprisonment,
is its supposed necessity as a means Of
enforcing the collection Of debts. Admit
ting its legality, and admitting Tor the
present the proprie,y Of credit, contend
that imprisonment is not required as a
means of collecting debts.
If the evils produced overbalance the
good in any considerable degree, it ought
to be abandoned. Among the evils which
will readily occur is the cost occasoned
thereby. There are fees to lawyers.
sheriffs, justices, jaiers and jail commits
sioners. This is a long list, and we're the
whole army collected it would be imposing
for its numbers. The sums collected tre-
quently equal the debt, thus doubling the
amount to be paid by poor debtor. or to
be lost by the creditor. Some have been
curious enough to draw out the long list
and find the gross amount, but shall save
myself and reader the modification of
looking at it.
For the money thus paid there is no fair
equivaent-lhey who pay receive nothing
in return-the payment being in the nature
of penalty for being poor, and they who
receive it bestow but nominal consdera-
ton whether we take into view the INTEL
lect required or time expended.
should be unwilling to excite any preiu.
dice against any class or set of men,
There are good and bad in all. As class
lawyers, sheriffs, &c. are honorable men,
but all that I have named belong to the
non,producers. The labors of the whole
combined add nothing TO the products of
the country, the general stock of wealth
not being increased one dollar by all they
do.
Imprisonment is the prolific source of
evil. 1t produces harshness of temper
in the creditor, not at all in keeping with
the mild charities of humane disposition.
There is something revolving in the idea of
man in easy circumstances exacting even
an honest debt by the imprisonment of his
debtor but it seems far worse when the
amount is doubled by cost and fees. But
it is said they have right to their pay
admitted. They do nothing but what is
lawful; admit that. The man was Ia
blame for getting into debt; admit all that
and ten times more. And because such
things can be done in the face of heaven,
and under the forms Of law, is The
very reason why the law should be ex.
plunged from the statute book. But a
greater evil is the effect upon the mind O
the debtor, it breaks his spirit as upon the
rack. What is it that any one admires il
his fellow men? What does the patro
strive to inculcate, and the law most scru
pulously protest /? Wealth j.? None but tn,
sordd harbor such thought /! 1t is tn,
riches of the mind, the bold spirit of liberty
the independence of the soul that SHOULD
be incuIcated and guarded ; and when thi
is done the nation will stand prominent fol
what wealth can never buy. And how is
this spirit broken by imprisonment 1t il
all cant to talk OF independence when ,
man may be thrown into Jail for fivs
dollar debt, or be obliged to sell his bed
But it is gravely said that there is no rea
hardship, for the poor man may swear out
swear out, publish his poverty in the face o
the world and after passing through al
ordeal more severe than culprits offer
experience, obtain certificate of poverty
wend his way home to disconsolate famll!
with health impaired and broken spirit.
1t is idle to attempt to reason man ou
OF this feeling of degradation consequen
: upon his swearing out Of jail. 1t canno
be done, and we ought not to desire it if i,
could; it is the very feeling that should bt
encouraged. There is something revolving
in the idea Of q Jail, and he must be NOR.
or less than man who can endure it witbou,
pain. Imprisonment will PROSTATE the
frame, the muscles of the most robust will
be shrvelled as by the touch of the ange
who wrested with jacob, and he mus
, have an uncommon mind that does no
quail under it. Men will die bravely j,
. the performance Of noble deeds, but igno
, miny and disgrace none can bear. lmpris
onment is living death without any thin!
to sustain the spirit.
The right of imprisonment tends to pro
duce spirit of overriding. The credito
, considers this right as an additional securi,