Litchfield enquirer., 1843-06-01
Connecticut Legislature.
Monday Morning, Mag 9.

COmMGCHRCWG AGSASAaGWESs
 Monday Morning, May 9.
 Lorenzo Barber's pstition for release from State Prison granted, and Samuel Q. Manns rejected.
 AfseTnOOn.-The proposed amendment to the con stitutiOn made the order of the day for Thursday. Tuesday Morning, May 23
 Committee on dvorces asked to be discharged ma W. Yates against Christ. c. Yates. On motion of MT Seymour the subject was laid on the table, but resolution subsequently passed divorcing the par
 Committee on roads reported adversely on the pe- ition of the Litch6eld and Plymouth Turnpike Co.,;
 Committee on divorces reported favorably on the petition ot Hannah F. against George U. MIX, wltn resolution dssolving the marriage reatlon-r esou- ton passed and report accepted,
 Messrs. O. s. Seymour and $. K. Wlghtman' committee appointed by the last legislature to lr quire and report with reference to the attachment laws and imprisonment for debt, made report, and submitted bil 200 copies of which were ordered to
 The following is a copy of this report:
 To the Honorable the General Assembly ot the State
 of Connecticut, now in session at Hartford, in said The undersigned, having been appointed by the last General Assembly, committee to examlue and revise the laws relative to the collection ot deots and the attachment laws, and the Bill then before the Assembly, relating the subject ot imprisonment tor deb and make report thereof to the present session respectfully report:
 That so far as the subject of Imprisonment for Debt is sconcerned they have endeavored to give It an at tentive consideration and beg leave very briefly to present the following the result of their debera' tions The last General Assembly passed an Act abolishing Imprisonment for Debt, except in certain cases therein enumerated The object of the law was to punish frauds the one hand, while on the other, the body of poor, honest, unfortunate oeotor was 10 be relieved from the bity o arrest or m and equity of the principle involved Tn the act, the committee can see no reason to complain; and they are inclined to believe, that very large majority oI with respect to it. It must be admitted however, bV every intelligent ctzen that there are serious diff entities in the way of carrying the law into execution felt by those whose duty it is to enforce the collection of debts Indeed is not easy, under the provisions of the act, to devise method, according to our rules of practice, that shall lead to the proper detecton ana punishment of fraud, at least without multiplying snlts virtually for the same cause ot action, and lncurrng useless expense, which must he borne by the deotor' or creditor, both of them If any plan caa be sng' gesed, that will recognize and preserve. Tn every point of view, the principle upon which the existing law is evidently based, exempting the bodies o poor honest debtors from arrest or imprisonment, anu al the same time, in the cheapest and most expodous manner, consistent with the rights Of all concerned annabng the creditor to compel his traudu ent debt to do him justice, point IS galned which IS net so easily attanable most people might naturally sup pose. The whole subject matter is, however suscep' { he of assuming tangible form and to th's end, and for the purpose of afordng reasonable protection fIlowing bill for public act, which they recon. mend to the favorable consideration ot the General Assembly. This Bill is in substance virtually the same with the law of the last Legislature only it is more explicit in its provisions, and # adopted will ne' cessaraly produce an uniformity ofprac'ice through out the State l! is the most feasible plan that the committed upon reflection. nave been able to deVlse, and the only one which, in the present state o pubic sentiment, they feel at liberty to suggest to your la vorable notice.
 That the bill is retroactive as well as prospective u it's operation, should not in the opinion ot the Com mtee constitute any serious ohlecton to its hecom' ing law. Personal liberty is one of the strongest and most important of human rights and no indVid' ual should, at any time be deprived 2t its enoymcnt' unless he has been guilty ot crlme winch deserves punishment: Life. liberty and the Imrs"t ot hqrm. ness, objects o the highest moment and are dear to every American freeman They should never he violated ter slight and trivial causes and espccialIy in where the act committed IS without malce' and void of criminal intent. Ii an honest man, fellow ciiiErr, s unfortunately involved m debt, and cannot, by any possibility, meet his engagements, having done all in hls power nvod the catastr"phe' bv what process of reasoning can his ma fortune be made crime And lift be wrong lH pr,ncpte 10 ar rest or imprson such poor debtor obligations that he may contract herealt" why sh"n'd he b" pun'sn' ed for the misfOrtunes ilat have nrcay hetallen h in failing to meet old debts, which, when assumed. ne had every reasonable prospect, of paying? No distinction can be made. between the two cases, that can justify an exemption from arrest in tlre one m. stance and snbect the ndivid dual to imprisonment m the other. The principle has long since been settled. and repeatedly settled, by the highest judicial trbn-
 
 contract That it IS a mere mode of collecting iebt which the General Assembly are at liberty to change ut their pleasure, they shall deem most wise and prudent and the bes. calculated for the peace safety, happiness and prosperity of the people, In the Ian. guage ot the late Chief Justice MARsHALL: "Imprs. onment is opart othe contract and simply to release ese prisoner, does not impair its obligation IO this i'd PCOnstution IS not opposed! /!
 he Commtie have not the vanity to suppose, that the Bill herewith presented, IS free from errors II, however the principle upon which it is based be founded in wisdom, and for this they have the action of the last General Assembly, and, as they believe the coun,enance of large majority. of their fellow citizens in it's support, it will furnish the ground work for a series of improvements in our collection laws, that may ultimately prove emlnently benehcal to the promotion of the best interests of the inhabitants ot the State.
 The Committee have not had the time nor the op- porunity revise the laws of the state relative to the collection of debts by attachment of property Those laws embrace wide and extended field of operation, complex in their character, and interwoven as they with all the business ctions o the people o the State, should not be suddenly altered or repealed without great deliberaton. They certainly defec. tive in many important particulars, and 1t IS believed by the Committee, may be thoroughly revised and amended, or repealed, and other laws substituted in their place, affordng @ more perfect system, and better adapted to the wants and permanent interests and prosperity of the community. All which is res- pee"0"yo yoRdGEN SRGGiSo s. SEYMOUR, ,c
 sTiLLMAN K. WiGHTMAN, c0"'
 Hartford, 23d May, A. D. lS43
 H. w. Sawyer's petition granted-rights restored.
 Atternoon.-Bill for the suppression of houses of i'll fame, referred to the judiciary committee.
 Committee on divorces reported adversely on the petition of Joel F. Griswold against Emeline Gris- wold, and avorably the petition of Emeline Gris- wold against Joel P. GriswoId. On the petition of