The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-06-27

AND, Sir, the courts of the sister kingdom
OF Scotland, in order to effect the same ille- 4
gal purpose, went bow-shot beyond the
English courts, in giving scope to the mag
nation. They imagined that man who
didn't pay debt was guilty of high treason,
and forthwith ordered the arrest of the
traitorous debtor, who was graciously al
lowed to compound the felony. upon paying
the debt. am afraid, Sir, that If our courts
in North Carolira should arrive at the con- j.
cluslon that every man who owed money
here was guilty of treason, that they would
not go SO wide Of the mark; so that if our
system of imprisonment for debt is to be
continued, it might be well to provide for
the administration of the amnesty oath and
insolyent debtors oath together, and thus
purge the crime and the debt at the same
time
MIR. President, have reviewed the history
OF this question of imprisonment for debt,
torthe purpose Of showing that the principle
advocate is no new tangled notion of mod
ern invention, no spurious offspring of a
slckly sentlmentality-but sound, lust,
manly principle, which had its place in the
constitution of our sturdy ancestors, but
which was undermined and subvertcd to the
cupidity of creditors aided by the chicanery
of the courts. This principle desire to see
restored to our Constitution, as safeguard
to personal liberty, personal security and
domestic happiness.
Sir, desire to see stricken from our Code
all laws authorizing imprisonment for debt.
We have such laws This very section of
our Constitution proposed to be amended.
implicitly sanctions it, although inserted
ir for fha &c h.
The words "shaI not be continued in prison -
evidently justify the putting of him there;
and are an Interpolation warranted neither
by the letter nor spirit of the English Con-
situations. So there is no need here to re-
sort to the subtle refnements and false pre-
fences of the English courts, to which have
referred. Our laws permit one citizen to
imprison another for debt, without the ne
cessity of alleging, as is often done, in the
writ, that the defendant is to answer tres
pass on the case to plaintiffs damage double
the amount of the debt. I protest most
earnestly against the further continuance of
this system-iti is wrong in principle, cruel
in practice and ought to be terminated
We now have convenient opportunity to
apply the remedy-the adoption by this
Convention of this amendment will cure the
evil.
The times are suggestive of the change. If
there ever was people who required tender
treatment at each others hands and at the
hands of their representatives, that people is
our own. For four long years they have en-
dured the ravages of war and the hard yoke
of military rule. Peace has come at last with
release from despotism, but they have emerged
from the slavery of the ranks to return with
ruined constitutions, with ruined fortunes,
to ruined homes We may not hope to re-
pair all the mischief that has been done-thc
ruin has been widespread and has involved
us all-bnt we can be kind, considerate and,
above all, just As Legislators we cannot,
any more than as individuals, take from one
man to relieve another's wants. neither may
We deny to any man, under any pretense, the
assertion of his just rights. We may neither
delay the creditor nor screen the debtor. We
may and should be just to all. We may
and should guarantee to all their rights,
whether OF person or property. Among the
rights of person is the right of personal lib
erty Let that he stipulated for and secured
to all by an express clause of the Constitu-
ton. To many of our unfortunate citizens it
is their sole possession, their sole dependence
of support for themselves and their families.
Let it not rest on the uncertain tenure of
creditors will, but let it be held by the sure
and indefeasible title of fundamental law.
Due rcparation for violated rights and cause
less suffering, brought upon this generation,
we may not hope to make-indemnity for the
past is impossible-but we may and ought
to give the poor and helpless some assurance
for personal security for the future Let not
those who have lately writhed in the grasp of
Conscript officers now be turned over to the
tender mercies of constables; lie: not their
crushed and mutilated forms be subjected to
the peine forte ct dure of a squeezing Ca.
SG. .t
Sir, thetimes are propitious for human lib
erty-a whole race has lately sprung from
bondage-this Convention lent its ready aid
and former masters have ratified the act Let
US make one more effort in the cause of hu-
man freedom, which shall this time enure to
the benefit of both races, and let creditors
rise to the occasion and relinquish an unjust
domination over the persons of men. Rea-
son, justice and humanity all teach that the
property not the persons of men should be
taken in satisfaction of debts Property is
the basis upon which credit is founded. Who
ever gave credit looking to the Jail as secu-
rity =? Who ever took credit, pledging his
person in payment9 Imprisonment was in
tended for crime, not poverty, and it is wrong
to misapply it. Let US reform this abuse,
which has crept by stealth into the admins
tration of justice The time is favorable for
the change-and it has not come too soon.
The necessities of our people, demand this
enactment, and if it is right in itself they
should have it nOw, for they will never need
it more. They had it once, but were I'M
justly deprived of it by fraud and subterfuge
it existed in the unwritten Constitution of
our forefathers, let us insert it in the written
Constitution of our own In making this
restoration we shall do no man wrong-we
shall deprive no man of right. We impair
not the rights of property for any, but we es-
tablish for all the rights of person. In this
guaranty all are alike interested. The credi-
tor of one man is the debtor of another. The
creditor of to-day is the debtor Of to-mor-
row. Now. it restraints him from expressing
then, it will protect him from oppression.
repeat, sir, would do the creditor no
wrong, he is as much entitled to the protec-
ton Of the laws as is the debtor; it is just as
wrong to interfere with his rights as with
those of the debtor-but his rights, as credi-
tor, are those of property. While l would
say to him: Take the property, it as soaat
! gou 6argained for, it is what yoi paid for, ii
isjustly yours and 1t acoatld be aorong to aoith-
hold it from you," would at the same time
say to him: +" Lay not your hand apon the
person of yom. telloo man, it is sacred from
yoau touch, it belongs to himself, his family has
country, his God, not to you."
This amendment will not wrong creditors.
/, I will mention how creditors are wronged
by legislative action. They are wronged
when the law-making power interferes with
the enforcement of contracts fairly made, In
which value has been received and the con-