The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-06-04

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and inflicted an injury upon the institutions and
merchants Of that city, that years will not OBJ
literafe. Who can contemplate the destruction
Of stores and warehouses, covering forty acres,
~ the most active business section Of that great
city, filed with costly merchandise, collected
rom every country on the globe, and not feel
that ms misfortune was too sudden and over
wheiming to come within the ordinary rules Of
commercial prudence or foresight Beneath
'ne burning and crumbing walls OF that great
city, lie buried the fortunes and hopes of thou
| sands. SO great and unprecedented was the
calamity, that the insurer and insured met with
one common fate. And thus in this case, as in
| that OF the sudden depreciation Of the value Of
property, the creditor OF yesterday becomes the
debtor and bankrupt of to-day, without prospect
or hope Of being able to release himself from
the vast load Of debt which these misfortunes
have thrust upon him.
II IS because Of the overthrow and ruin Of
hundreds Of thousands of intelligent, industri-
Gus and honest men, that this cry comes up to
you from all this broad land II comes in tones,
and with volume that leaves no room 70 doubt
the source from whence il emanates, or the
depth Of feeling and sympathy which produces
It.. ltcomes from farmers and manufactures,
and traders, artzans, and lnborers. II comes,
sir. from your cities and villages-fo the
grain-growing country on the borders Of our
great Lakes, and from the cotton and rice fields
on the Gulf of Mexico. From the East and the
West, the North and the South, there comes
but one prayer, whether in the petition Of your
humble citizen--thc memorial OF your populous
towns, or the resolves Of the Legislatures of the
States we represent-all call upon us to release
the honest, unfortunate debtor-all appreciate
his sufierings, and desire us to rescue him from
the degradation and despair into which he has
been cast by occurrences that he could not fore
see, and over which he had no control
Sir, there can be no doubt as 70 the causes
that have produced this universal call upon Con-
gress. From the first memorial presented here,
10 the last petitions that have been laid upon
your table, but one request has been made. I,
sir, had the honor Of presenting the first memo
rial on this subject. II was prepared and signed
by Silas M. Stilwell, of the city Of New York.
II set forth in clear and distinct manner the
claims of the debtor for relief-the benefit to the
moral character of our countryside great inn
portance of this measure to the prosperity Of
trade and commefce--the evident advantage 10
the creditor, and the useless and hopeless condi-
ton Of hundreds of thousands Of unfortunate
men,-their families and dependents, unless re-
lieved by an act of Congress. All this was pre-
scented and illustrated with great ability, and
concluded with these emphatic words - ~.
Upon an aPrlieetion ,for diseaargs, nndsr a
Banknpt idr the debtor should be required 10 estsb
lsh his integrity and make conveyance Of all his pro
pcrty. When these two acts shall have been DONE
TO the satisfaction Of the proper tribunal the debtor
should be forthwith discharged from all his debts If
such law simple in its provisions and direct in its
effects shall receive the sanction of Congress- the in
tercst Of society win be harmonzed and promoted the
unfortunate relieved and sustained and the laws re-
spected and enforced"
This memorial was published in all the pa
pers in the city of New York and different sec
tons OF the Union, and with universal approba-
ton, and embodies the reason upon which all
the other petitions are founded This petition
was ordered to be printed, and is now upon the
files Of the Senate. Eta H1sH
And now, Mr.. President, whilst referring to
this memorial, trust shall be excused in taking
this occasion to do simple act of justice TO the
gentleman whose name have introduced. The
honorable Senator from Massachusetts paid
merited compliment TO the Vice President of the
United States, for an early movement made by
him in Congress 10 abolish imprisonment for
debt; and although his efforts were unsuccess-
full, he is entitled, nevertheless, 10 the honor of
being amongst the first TO move in this great
work of reform. Examples Of this sort have led
the way to the accomplishment Of much that has
since been done to blot out this feature Of barba-
rism from our statute books Amongst those who
have been the pioneers in the great undertaking,
no name stands more conspicuous than that of
SILAs M. STILwELL,-and TO none is greater ho-
nor due for unwearied exertions and untring
perseverance in this great cause of philanthropy.
To his talents and eminent excrtions is the
State Of New York and the country indebted for
the moderation of the condition of the debtor
He is the father of the non-imprisonment act in
the State of New York and although others CO.
operated with him in this great work, yet to him
is due the honor of having procured the enact
ment of the first lar that absolutely and uncon-
dnionaiiy abolished Imprisonment for debt
To accomplish this great object, was work Of
no ordinary magnitude; and being myself men,
Der of the Legislature also, can bear witness to
the thousand obstacles that were overcome, and
prejudices encountered, in bringing the public
mind TO consent to this humane experiment.
For several subsequent sessions, great efforts were
made TO repeal the act But as an evidence of
the increasing opinion of the public in favor of
justice and humanity, have the pleasure of in
forming the Senate that, at the late session of the
Legislature Of the State of New York, they abo-
lished the last vestige Of this barbarism, by re-
peaiing, by unanimous rote Of both Houses,
the power TO arrest or imprison nonresident
debtor. ND
The example of New York has had salutary
influence throughout the Union, and upon the
General Government. II was the cause of the
passage of bill that had the honor of intro
ducing here to prevent persons from being i'm
prisoned in any State, upon process issuing out
OF the Court OF the United States, where by the
laws of such State, imprisonment for debt had
been abolished. ! trust, sir, this inclination of
the public mind, in favor of the liberty and rights
Of unfortunate men, win increase until equality
in all the privileges Of free people shall be es
tablished and am glad to find, as the Senator
from North Carolina (Mr. Strange) has said,
that this is the effect Of the Democratic princi
pie in oul legislation. Formerly, creditors alone
were represented; their rights were guarded
and amply protected but the unfortunate debtor