The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-06-23
ADJUSTMENT OF IMPRISONMENT FOR
nFpT

AbOLlShMENl VI IMPRISONMENT FOR
DEBT
In The Senate on Monday Mr. Tallmsdge said be
rose 10 ask the unanimous Of the Senate bring
IN bill 10 abolish Imprisonment for debt in certain
cases. introduced this subject some time since, said
Mr. t., TO the attention Of the Senate by presenting
petition for that purpose, and referring il to the com
mittee on the Judiciary. had hoped that committee
who are so abundanty competent would have dgested
bill for the adjustment Of Imprisonment for debt in
all cases on process issuing out OF the courts OF the
United States am OF the difficulties in framing
tho details OF SUCH bill and am also aware that there
might be difference OF opinion as 10 its adoption
fully appreciate the situation Of the committee and do
not intend in the slightest degree, to complain Of their
insction.
For myself am free to say. am in favor Of such
bill IN It's broadcast terms. | member Of the New
York Legislature when the act Of that State passed
abolishing Imprisonment for debt. There was much
difference OF opinion then existing that subject But
believe since the practical operation OF the act has
been seen and felt il has become entirely satisfactory
the United States, il Congress would adopt the inca
sure. The example of this Government too, would
have tendency 10 do away that relic Of barbarism in
those States where it still exists.
At this late period in the session am unwilling to
present bill so broad in it's operation as TO call forth
debate, either upon its general principles the detail
OF its provisions and thereby defeat its passage at this
time. will, therefore, content myself with measure
which trust will meet the appreciation OF ALL and which
will receive the favorable action Of Congress before its
adjournment. propose that no person shall be i'm
psoned for debt any State on process issuing out OF
ofthe United States whore by the laws Of such
State, imprisonment for debt has been abolished This
proposition | think cannot be reasonably objected to
from any quarter II will the present emergency
and Congress hereafter, with full elaboration 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 barbarous
age unsuted to the times in which we live and deropa
tory to the free institutions under which il Is tolerated
will not detain the Senate by any discussion Of the
general question wish merely call the attention
of Senators to the precise proposition which intend
submit at this time.
city Of New York. on this subject. Whilst our own
citizens exempt from imprisonment under the pro-
Of courts, still they well as strangers
and citizens from other States ncarcerated under
process from the courts of the United States This is
strange anomaly, and ought not to exist. am told
that the Jail in the city Of New York is crowded with
unfortunate debtors from other States who have been
arrested and committed to prison for want of BAIL I'M
der the laws Of the United States and who would have
been exempted from imprisonment under the laws Of
the State Of New York These citizens have gone
there on business-mercanle business, perhaps; for
New York is the great commercial emporium "where
merchants most do congregate" Shall it be tolerated
that the rights of the citizen shall be thus invaded The
Constitution says, The citizens of each State shall be
entitled TO all the privileges and mmun,es Of citizens
in the several States" 1t may well be doubted whe-
ther under this clause the citizens Of another State can
be imprisoned for debt by process from the courts Of the
United States in State where by law, imprisonment
for debt has been abolished II is least against the
spirit Of the Constitution. merely make this sugges
ton from FIRST Impressions without having bestowed
thought upon it TO enable to 60 into constitutional
argument wish 10 avoid all such discussions at this
NV does necessarily lead n
them But, ask shall it be tolerated that the laws Of
the General Government shall be used an engine Of
oppression and TO supersede the benign and phianthro
phic legislation Of the States The process Of your
courts b abasasI. saaed eya,e and defeat the
spirit Of the laws of the States Until all the States
adopt this humane principle, there will be difficulties
enough between themselves, without superaddng the
oppression Of the General Government
BY the law Of New York. her citizens are exempt
from Imprisonment within her own borders But il one
Of them seize another in State where imprison-
ment is not abolished, he nprison him there, al
though by own laws he would be exempted at home
This evil can only be corrected by the Legislation Of the
respective States There evils, however, which the
legislation Of Congress alone can reach Notwithsa and
ing the laws of New York exempt her own citizens,
yet, the plaintiff resides in another State he may i'm
prison the defendant in New York, under process from
the courts Of the United States And am told it is
not unusual for demand to be transferred to friend
in adjoining State for the purpose of cnfoIc-
ing it in that manner So too, many citizens Of other
States, although exempted by our laws, are imprisoned
in New York by like process from courts Of the United
States.
have merely alluded to these cases by way Of illus
uation and BY way of showing the crying evil under
which many Of our citizens are now laboring. When
said the Jail in New York was crowded with unfortunate
Debtors 1t " fancy sketch" The subject has
been deemed worthy the pcsentment Of grand jury Of
that CITY, They visited body, the prison. and were
shown range Of twelve cells, Of the dimensions of
about ten feet by EACH occupied they in
formed by the keeper by twenty three individuals or
about two to each cell These cells, originally de.
signed for the occupation Of but person, obvious
ly not sufficiently well ventilated for tho accommodation
Of two, particularly during the present extreme heat Of
the weather. In addition to this. from the manner Of
the building and consequent dampncss Of the cells, the
walls of which pastcred upon stone they deemed
yet to be in very unfit situation to be tenaned by
individuals whose lives or health Of the last i'm
portance to themselves TO families from whom they
may be separated, or TO the community at large.
at is but an act of Justice to say that the arrange
ment of two persons in cell was dictated by motives
of humanity being the best that could be done under
existing circumstances the ground tier OF cells, from
their excessive dampness, being absolutely untenana-
BILE From the nature of the laws Of State upon the
subject Of Imprisonment for debt the persons thus
fined strangers, and certainly not class who to
be considered as having that account, diminished
claim upon sympathy Among their complaints of
severe colds and various rheumatic affections resulting
from the causes adverted to, somewhere Of character
such as being thus brought the notice Of the proper
authorities we are persuaded will not fail to receive that
immediate and proper attention for which the circum-
stances call"
There is no doubt that the proper authorities will do
all their power and all that humanity requires, to al
lcvate the condition Of these unfortunate debtors.
would remind the Senate that as appears from the
prcseniment Of the grand jury "he persons thus con-
E..n1 .ag tharS totnc hall
imprisoned under the benign laws Of the United States
L. there Senator here whose hlnnd does not boil with