The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-29
THE UNION WASHINGTON SATURDAY MORNING JANUARY 80 1858

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ing shows tina, the bill ought pass and having made
that shall cheerfully submit The question tc the decs
ion OF the Senale As the law in regard 10 bail stands
in the District OF Columbia now by The ACT OF 1872 to
which the chairman OF the committee reienedt a plain
til In action OF debt sssumpsil has night 10 hold 10 bail
wherever be files affidavit ayering, In The sl place
the OF The debt and then either OF the follow
ing circumstances tow: that the debt contracted
by fraud or false pfetences secondly through breach
OF trust, setting out the facts and ccusan out OF
which these allegations arise or, thirdly, has concealed
or Is eonceaing ms property the District OF Columbia
or elsewhere with view to avoid paying the debt; or
touthy Is about TO remove the same from the District OF
Columbia, or the place OF his residence with the same
view OF, nihly, on being resident, having his
domc IN the District about to abscond without pay
ing the DEBT, with a view to avoid paying the same
AS inc law stands II the plaintiff will make ahda
WI 10 which ne AYERS any one OF these five facts to
ISL he has night to demand ball. and the bail be
gwen, or lhe party must remain in prison until the de-
termination OF the suit That is the state of The law.
NOW, Mr.. President, the object OF the bill under the
consideration OF the Senate that in all proceedings to
recover debts pureynO interfering all with actions
Tor real fort, but in all proceedings to debts
purely-lhe party shall not upon process be
CURED 10 give bail. admit. brought up have BEEN
like the honorable chairman OF the committee in the
practice OF the profession where the law pre-
walls, was Tor a long time deeply welded 10 the sys-
tenn which compes man, upon the assertion upon the
other side that he money and is disposed
ceal his property 10 avoid payment OF IT, or that he is about
TO remove. or for any other circumstance that may be
shall be decided between them But, sir | am satisfied
that the system cannot be maintained without leaving
the widest range for abuse and oppression. As the sys
TEN stands now, compare It with proceedings in crmi-
nal matters A man makes this affidavit ii Id concu-
sve. and the party arrested must give bail 90 prs
on. and when he is in prison, there is day for his de-
vereDce until the determination OF the action and the
asceralnmet OF want OF for action; but, the
contrary, il man be charged with committing any crime
against his country however grave or serious may be-
Immediately after he is arrested, although the charge is
sworn against him by affidavit he cannot be retained
hour longer than is necessary TO briLg him before ex
animation OF the court, and have lnvesg alton OF the
Case and with the opportunity OF producing his own
proofs and the necessity OF producing them the part
OF the prosecutor and unless the OF opinion up
on that examination that there is probable for de-
tenllon, he is discharged Now, hold that it is incon
slsten with the genius OF American freedom that one c
zen can be taken the assertion affidavit OF another
citizen, swearing in his own case, for the purpose of col
lecng debt and to money 10 be put into his
own pocket and be compelled to suffer Imprisonment,
to last for the longest period of me sometimes does
last which the statutes inct for elonles of which par
Ties have been convicted II it were possible that we
would arrange the machinery OF those operations that
this imprisonment should be awarded only 10 dishon
est fraudulent. worthless debtor, who is endeavong. or
mas been endeavoTng, 10 entrap or deceive honest
man, would have objection to il but you cannot do
it, You must, therefore, either abolish the process or
leave il as it stands, by which the affidavit of party
shall be conclusive TO hold the other party in question
Now, Mr. President, the to which the honorable
chairman has referred, which illustrates in the
highest degree the Improperly OF allowing this power
Here is citizen who has been lying ninety days
of the prisons OF this District upon affidavit of the oppo-
site party, aud there he obliged 10 e under the law
il stands, until he bring the action concu
sion, and have verdict found in his favor. Can it be
night Ought one freeman to hold his freedom at the
will OF another if The party who chooses deprive
him of il will support the allegation he makes by an aft
dayit. Well. what is the remedy ! He has none. ii
he has any action according to law, every professional
man knows it is worthless. Can he prosecute him for
perjury Every professional man knows i: is idle
derake to get out Indictment and produce conviction
for perjury upon such affidavit II is, therefore, as
say. in substance and in fact. leaving be i'm
prisoned al the assertion OF another supported by ada
Wit, and that assertion and that affidavit made to put mo-
ney into his pocket believe we have TO choose
between abolishing and leaving this wide field open for
abuse and OPPRESSION the true interest OF the country
qures that bail should be abolished in all instances of
pure action for debts
Mr. BUTLER. do not intend TO 90 into this subject
for have already acquitted myself of any duty owe to
the country in regard to But if any one now impris-
oned under process in the District of Columbia
wishes 10 avail himself OF the prison bounds acs all he
has to do Is TO Tile deposition make suggestion and
schedule OF his property as understand, and he
cape upon paying the debt TO the II he has got the
money his pocket he easily be relieved by paying
the debt.
Mr. BADGER. But suppose he denies the debt
Mr. BUTLER Then let him go on, and let the ques
ton be tried do not undertake 10 apply the remark to
the referred TO by the honorable senator There are
cases, however, in which individual having money
ought 10 be compelled to pay 10 his honest CREDITOR and
am perfectly willing 10 shape the law TO protect
such a but not willing 10 make any sweeping
law 10 abolish imprisonment for debt under all cases for
meme process cannot go that far and although the
honorable senator from North Carolina and myself are
both inclined, loo much perhaps, by common law no.
TONS 10 that side, Notwithstanding he has given them up,
cannot
The bill reported to the Senate without, amend
ment, ordered 10 be engrossed Tor third reading and
read third time and passed
ORDER BusISEss-roREIos POLICY OF THE UNITE
STATES.
Mr. GWlN called for the order OF the day
The PRESIDENT. The Chair will suggest TO the
honorable senator from California Mr. GwIs,l that the
hrs order OF the day is The unfinished business OF yes
,erday being the joint resolution submitted by the hon
orable senator from Michigan, fMr CAss, ldecaratery
OF the views OF the United States respecting COLOMBIA
ton by European powers upon the North American
tinen,, and respecting the island OF Cuba
Mr.. GWIN. hope that subject will be passed over
for the present. and that the Senate will proceed the
consideration of the Pacific railroad bill
Mr. HALE hope this matter will be referred 10 the
Committee Foreign Relations according the sug-
geson made by the honorable senator from South Caro-
Ina Mr. BUTLER] few moments ago, when il was not
IN order TO submit such motion. hope there will be
no objection to the reference.
Mr.. RUSK. hope this subjec, will be passed over
without a reference.
Mr.. HALE Let us have vote upon the reference
Mr.. UNDERWOOD. My colleague tAr. DrxoNl has
moved a reference OF this subject to the Committee
wish to debate this matter, and will not do so But
OF this matter with instructions the Committee on
Foreign Relations.
The PRESIDENT. The honorable senator is correct ;
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