, 1842-07-02

man to be imprisoned for debt, believ
ing 1t at war with every true principle
Of republicanism, and a direct violation
OF our constitution,-and l deny the mo
raj right of any legislature TO pass a law
by which a human being shall be depriv'
ed of his liberty for the simple thing o
debt; and appeal to the highest authori
ty to sustain me in this opinion. Thu
patent held by man directly from his God
by which his liberty and the right to en-
joy it was guaranteed to him, land it ex'
listed before constitutions or s~ocietie:
themselves the very image impressed
upon man at his birth, was the sign o
the covenant, and should have been the
shield against its violation. Its preser.
walton was the great object of the socia
compact of our government,-every por.
ton of our natural rights is retained both
in the declaration of independence, and
in the constitution of the United States,
except SO far as the welfare of the whole
community requires a sacrifce-and
hence 1 assume it as a true principle
that the liberty of no citizen ought TO be
forfeited TO society, except by the vol
untary act ofthe person himself, or where
such person has become, or threatens to
become dangerous to the public peace.
Beyond these limits, every infraction Of
this precious gift, is a usurpation Of pow
er of which there is nothing more obi
GUS. The liberty of every citizen is SO
FAR protected by our constitution as to
place it entirely out of his own control.
If any being among us, goaded by hun
ger, distress, or any other necessity,
were base enough, like the Egyptians
of old, to surrender his liberty to any
other person, no matter how solemn the
covenant, or how weighty the considera-
ton, it would be instantly cancelled BY
the spirit of our constitution. Yet with
out any covenant or any other considera-
ton, Il Legislature places the debtor in
the hands of the creditor, and gives him
the power to deprive a fellow being of
his liberty. If insolvency was exclu-
sively the result of ~laziness, extrapa-
gance, or ~imprudenee, there might be
some apology for the cruelty with which
the debtor is treated. But amongst the
number, how many have been the sport
OF events, against which, no human fore
sight could guard. Do we not know,
from Il OWL observation, that the most
industrious and the most prudent are not
unfrequently involved in this calamity.
Who among us can claim exemption from
misfortune. Our lives aid our sub
stance are both held BY that frail tenure
which belongs to all earthly things. The
rich and proud, may survey their vast
possessions, and exclaim-soul, take thy
rest--but the echo to his boast, is the aw-
full denunciation-'dust thou art, and
unto dust shalt thou return"-for the
elements are commissioned TO destroy,
and the winds, the fire, or the floods,
may, in an instant, PROSTATE all his earth
ly hopes. In the dispensations of provi-
deEce there are many ways TO bring
a man from ease and afluence to proven
ty, in an instant, to which we are all alike
subject, but from which, for the present,
many are happily exempt. But they
ought TO be taught TO bear with humility
their prosperity. Let not their exemp-
ton from misfortune at present, steel
their hearts against the unfortunate.
Their cup of life is made sufficiently Bit
ter by their misfortune, and it is cruelty
alone that will administer an additional
dreg. There is no man upon earth that
desires to become insolvent. If there is
any one thing about which all mankind
agree tits in the wish to better their con
dition. This wish is implanted in our
natures,-it grows with our growth
and can that disposition be increased by
punishment,-or can it be necessary for
the peace of society to restrain a mans
liberty, whose only crime is his misfor-
tune. / know it will be said by the
friends of the Imprisonment law that |
have greatly exaggerated this subject
that the sufferers are but few, and that
the moral sense of mankind revolts at the
idea of imprisoning an honest man-and
this l know by experience TO De false
for there are none among us who would
take an insolvent man from his sick bed
when he knew that he had surrendered
the last vestige of his property, and
thrust him into Jail, for the purpose of
extorting from his friends, through SYM
pathy, the pitiful sum of five dollars.
But let all this pass, and suppose that
the world is now about to be regenerat-
ed, and what men once did they will not
do any more-then there is an end to the
question, for there cannot certainly be
any objection to abolishing a law SO I'M
Just and cruel that no one is found wicked
enough to carry it into execution. Why
disgrace our statute book with such a
law? 1t is but an evidence Of the insen-
of our code.
1t will be ~contended by some that it is
right to have such a law, in order to pun
ish the fraudulent debtor. am as much