The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1842-06-24
POOR MANS RELIEF LAW.

Notwithstanding the reiterated professions Of love
and attachment fpr the poor man which has ever
characterized the federal press and the federal par
ty, it somehow or other turns out that, whenever
they adopt any measures, the ostensibe object
of which is the relief of the poor, it invariably
leaves them, not only in worse condition than it
found them, but is 10 sacrifice their interests
for the benefit of the rich. Among the multitude
of examples of this character which might be men
toned, that of the act in amendment of Section
63, Chap 2S of the Revised Statutes, commonly
called the " Poor Mans Relief B,H,' may be
selected an illustration OF the truth of our asser-
ton.
The operation of the law above referred to, not
only resusclates that odlous relic Of barbaranism,
imprisonmentt for debt, but places the body of the
unfortunate debtor still more in the power of the
mercess creditor than before the non-imprison-
ment law was passed.
1t will be recoected that few years ago, the
man who was 50 unfortunate as not to be able to
pay his debts, was subject to be torn from his de-
pendent family and dragged to prison, there to be
ncarcerated with felons and murderers, for no 9TH
er crime than poverty.
Subsequently, the law was so far altered that
the poor debtor, by appearing at the rendering Of
Judgment against him, and paying to the court the
sum of fifty cents, and making oath to his insov-
ency, could escape the punishment, (lor we can
regard it in no other light,) which the vindctiye
malice OF his relentless creditor had endishly hop
ed to inflcl upon him. This modification was for
the most part, quite satisfactory but still the right
of the creditor TO imprison the body of the debtor
vas recognized by the law, and was therefore re-
pugnant TO every feeling of humanity. Public o.
pinion soon called for repeal of all laws which
imprisoned the body oG,he debtor, and consequent
ly the last remains Of this blot upon our statute
book, it was hoped, had been expunged forever
But the poor man was destined very soon to learn
how much dependence for relief could be placed
upon federal legislation. Scarcely had the ink be-
come dry which recorded the act aboshng I'M
prisonment for debit when another succeeded it
still more Odious than tbs one which had been re-
pealcd. The last to which we refer may be found
in the laws Of 1871 page and 5, and is as fol-
lows:
5,-AN ACT, In amendment of Section 60, of
Chapter IS of the Revised Statues.
II is hereby enacted blythe General assembly of
the Slate Of Vermoai, as follows;
Section siAly,hree of chapter twenty eight of the
Revised Statues, is so amended as to read as fol-
lows:
No person who is resident citizen of this state,
shall be arrested or imprisoned by virtue of any
meSne process which shall issue in an action loun.
dcd on any contract, express or implied, made or
entered into after the first day olJanuary hous-
and eight hundred and thirty -nine by virtue of
an execution issued on Il judgment recovered in an
action founded on any such contract
Provided, that if the plaintiff, his agent or attor-
nGy, pray ing out writ, found on such contract,
or an execution on II judgement recovered in an
action founded on such contract, shall file with the
authority issuing such writ or execution, an aflda-
vii stating ,ha, he has good reason to believe and
Inp hnli hnt fhn dat ,nhn "a,
or remove from the state, or has secreted about his
person, or elsewhere, money or other property,
such writ or execution may issue against and be |
served upon the body OF the dciendenl.
Approved Nov 8, lS4l,"
Let every man who has the misfortune TO be poor
yes, let every man who has the least regard for
the interests of the poor and unfortunate, read the
above choice specimen, the offspring of tederdl !
aOie-Sh0rerS, spectators ami lawyerS who dis
grace our legislature
1t will he perceived that the creditor by filing
his affidavit stating that " he has reason to believe
and does believe that the defendant has secrcted
about his person or elsewhere, money or other
u "writ or execution may issue against
and be served upon the body of the defendant"
There is no person, unless he is absolutely
town paupcr, against whom the creditor may not
" swear out wrl"if he has the amount of jack
knife shilling in his pocket, But this is not all
"A practice which has been pursued to II consid
cradle extent in this vicinity, Is to issue writ a
gnnst property ony-lhe defendant having no
property, considers it Of little consequence whcth
er he attends court or not consequently, Judgment
is rendered against him. Now comes the GREGG
lion. The creditor having obtained the judgment,
on the property writ, " swears OUT an execution
against the bOiy, This puts it out of,he power of
the debtor 10 appear before the court at rendering
of Judgment to make oath to his insolvency, but
must be dragged TO prison and there be ncarcera-
ted ill he has conformed to certain regulations of
the law, and been subjected TO expenses which it
is wholly out of his power to pay, and therefore
he must remain in prison as long as his heartless
creditor is pleased to keep him there. This course
has been resorled TO for the purpose of dcceyng the
debtor by taking advantage of his ignorance Of the
law, which has been so often altered that none nut
a lawyer can keep track Of it; and before he is a
ware Of it, the unfortunate debtor is pounced upon
hy the officer with an execution against the BODY
and he has no alternative but to be thrust into prs
on The affidavit Of the creditor which the law !
imposes, amounts to no oath at all, and the debtor
is wholly at the mercy Of the creditor. An officer
in one Of the most popuous towns of this county,
informed US the other day, that not one process in
80 was issued in that town, but against the body
Aud this Freemen Of Vermont, is Federal Legis-
iaiion for The Relief Of The Poor Man!- Yer
mont Statesman.