Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1844-05-18
[By ReqNcst.l
REMARKS OF MIR. pENNIMAN,
OF PHILADELPHIA COUNTY.

the retrospective operation OF the Act passed
at the session of 1912, "Abolishing Imprison-
ment for Debt"
Mr.. Spea kerr may not be very well quail
fed to discuss the merits of this bill, for its de-
tails belong peculiarly to the lawyers upon this
floor but there are certain general principles
connected with it which all can understand. If
the proviso is retained in the bill, the act Of
1S42, aboshiug imprisonment for debt, will be
repealed so far as relates to debts contracted be-
fore the passage of that act. This is the sim
pie question. The policy Of our laws should
DOUBTLESS be to afford creditors ample means to
collect their debts; but, sir, we should remem.
Der that debtors have rights as well as creditors;
that there is a point where their rights cease,
and the rights OF debtors commence. 1t is i'm.
possible to enact n law which cannot be avoided
10y the crafty and cunning, and Senators should
recollect that under the old law frauds were
practiced continually assignments
were made daily. A large number of those
persons who avacd themselves OF the inso,e
laws, withheld property which belonged to hon
est creditors. How was this to be avoided :
The law abolishng imprisonment for debt,
am conscious requires amendment; nor is this
very remarkable circumstance. An act which
changes the whole policy of remedies eniorc-
ing contracts, must necessarily be imperfect
Decisions must be made by the Courts, and
different opinions will be entertained upon the
same subject by the several courts; time must
therefore be had to test those opinions before
the highest judicial tribunal. You will recol-
lect, sir, that it was on my motion the whole
subject was referred TO the Judiciary Commit
tee m order that it might be revised and its
@rrJrs corrected.
The Senator from Erie, (hlr Babbitt.) has
very properly said the question as now present.
ed is very different one from that which was
presented at the time the act of lS42 was pass
ed.
fully concur in that sentiment. The
wrong, if any has been contnitted TO repeal
its retrospective effect now, will be adding in
jury to misfortune, TO place some unfortunate
debtor again in the power Of creditor to in
carcerate his body within the gloomy walls Of
q prison. Why should we restore a law which
places any mans personal ft'ceIona in the pow
er of his tellow man! His debts cannot be thus
paid, and the present laws afford ample reme
6y against any creditor who has property.
Why 90 farther than this Why recedc from
the enlightend position taken by the Legisla-
,ure of IS42 ! Why restore this last relic of
a barbarous age! The Senator from the city
iMr. Crabbl intormed the Senate that he aros.
from Sick bed and went into the House, of
which he was member, 10 vote against the
passage of the bill of 1912. He te.t himself he
said, constrained to this course, because he was
so we'll satisfied Of lis in furious effects free
" admit that the Senator will do nothing which
his Judgment and conscience does not approve
But, sir, do not envy the Senator his feel.
ings in rising stom "sick bed' to cast his vote
against bill which was to open the prison
house to the unfortunate, Gnd restore to fam
lies, husbands and fathers--a bill which was &c
close up the dungeons cell against the poo
man. Nor shall envy the Senator his feel
ings in more solemn hour, which will surely
conc, the reflections which will cross his minC
in consequence of that act, The consolation
which it will afford may be sufficient to carry
him through that dreadful scene but had ra
ther look to deeds Of phlIanthrophy and benevo
lencc to the ameliuration of human suffering
To sustain and support them. The Senate
Gays the passage OF the act was received witt
one universal burst of indignation by the pee
ple and that he has seen but two or three con
sttueuts, since its passage, who approved Il
NV constituents live in close proximity wit
those of the Senator from the city, and my ot
servation has been the very reverse OF thu
which he has stated. I would much rather q
dopt the sentiment expressed by the Senate
from Lancaster, Mr.. Champneys, that the pa
sage OF that act was hailed with shouts OF e!
ultation. Certainly it was by the benevole'
and the philanthrophc. Among my own col
s,ituents | have heard some complaints again
the law Of 1912; but SO far as have had pc
sonal intercourse, have experienced but hit
difficulty in satisfying most OF them ofits utllit
The act was passed at an unfortunate peric
The business of the country was par.syzed
the currency in inexplcable cc.anfuson--lat
found but little employment, and industry bu
scanty reward. Tbs whole community "
embarrassed small dealers found it difficult
collect their debts, and this was the experler
og sverv man il was therefore easy 10 attrb