, 1843-03-11
[For the RADICAL
imprisonment for Deot..Nol.

uut ~ VII p"se "httCts IN IL L De-
lieve none which has received such
general condemnation by the people
as the act abolishing Imprisonment,
debt, an act uncallrd for. mpolitic,
and ever injurious in its moral ten.
dency.
First. say it was totally u%ncaii-
ed for, by any dictate oil justice OF
humanity.
Imprisonment for debt. did not
properly speaking exis, at al under
our former law.
Those who pirate So l"ud'v abou,
the dnctrin, of human nights, or
mourn with affected sympathy over
the suflrrings of the oppressed and
p~inforiul'e debtor, and the insulted
majesty of frceanen. certainly do not
reflect upon the operation al our ex-
isirnt insolven; law. OF else they can
not rid their minds of the old English
doctrine that imprisonment was a
satisfaction of the debt, which doc
trine remained in force in England
until the statute of 80. George II.
The first section of the &c, in reIa-
tiou 10 ..insolrent debtors" reads rs
fellows:
r"Any debtor impris' nd or liable
10 be imprisoned f"r debt, max make
application in writings tn any Judge
of the Supreme Court. judge Of the
Circuit Court. or Justice. ar Clerk of
the County Crur. of the county in
which h" NAV be. altering 10 deliver
IN the use Of his creditors all his prop
ertv (wearing apparel for himself &
lamily cxcep,ed) and PRAYING 1" be
permitted tn take the benefit of this
act'-sce r. c. 1885, p. 32S.
This petition istn be accompanied
witt, a scedule continuing IN acc"uu:
of all his creditors. the amount due
each. and IN inventory oi ali his eS'
tate. both real and personal. together
with an affidavit annexed, at the
truth If those s,a'ements. and thai
he ..has not paid, secured TO lie paid.
in any WAY compounded with any
Of his creditors. With view fraudu-
to obtain the benefit Of the
act" Such property rs is by law ex-
empt from execution is reserved TO
him. and he is then entitled {" a dis
charge from Imprisonment rntd tie
final hearinr OF the cause briore tie
Circuit Court. when he is finally dis
charged. unless he is found guilty Of
fraud or deceit. or OF having c'"cn
an undue preference TO any ut his
creditors.
Ii wili he no'ice.i that it is not nec-
essarv u,at ,he debtor Should he az,
,ualiy Imprisoned. il order 10 enable
. a
him TO take the benefit Of Ibis aci.
but he may do So even if he rs iiahie
to be imprisoned; 5" that in fact there
was no such thing as imprisonment
for debt under our law. and The late
act Of oar Legislature "eniit'pd an
act a,olishing imprisonment ior debit
hears a palpabIe ~talsehooi on lis face,
because it attempts 10 abolish that
which did not exist. II is true That
Under the operation Of our laws. the
fraudulent debtor might he compelled
to give up his property ior the tene'
fit at creditors. or else perJuTe Hi;nsei''
bot he could not be imprisoned Tor
deb. Our Legislature however IN
the plenitude of it's wisdom has
thought proper 10 take away even
that remedy, by saving that mo per-
q son shall hereafter be arrested, or
held To baIl on any mesnc process OF
execution, founded upon any debt or
contract whatever" anl the m1h
who is disposed t, defraud lis credr
tors, though he may have Bank notes
enough to stuff his pillow. AMI the
gold shining ~",hroush the 'niersii,
ces oihis perse."ca strut about t"ia'-
ly unconcerned. and perfectly nna"-