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

galized tyranny of creditors. And on the
other hand it seems to me that gentlemen
who advocate and vote for measures of more
than doubtful propriety, for the avowed pur-
pose OF interposing in the poor mans behalf,
should make no opposition to this amend
ment. Is property more dear than liberty2
Is not personal liberty the next best boon Of
lifes They who claim to be, par excellence,
the poor mans friend, should be the most
ready to guarantee to him this right, cspe-
cially when it can be donc without a sacri-
flee of principle, and without impairing any
mans just claims. am no agrarian in my
views-I belong to the conservative school;
but I do say that if were seeker after pop
ular favor, (Which I am not9 / know of no
measure in the advocacy of which would
sooner risk my hopes of political success,
than OF that L am now urging 1t is practi-
cal, it is seasonable, and above all, it is right.
England is returninge to her ancient prac-
tice and principle as regards this question,
for which, in On evil hour, and to the detri-
ment of her people, she suffered departure.
Since the introduction of this amendment
paragraph in the public prints has arrested
my attention, which I beg leave to bring to
the notice of the Convention. It is as fol-
lows:
" Imprisonment for Debt IN England. The
Bankruptcy bill noD pending in the English
Parliament procides for the abolition Of the
bar6aroas lao Of imprisonment for debt, that
noD disgraces the statute books Of England
This change is dictated both 6y humanity and
common sense. Though not IN Parliament
Charles Dickens mag be said to Be the father
Of this humanitarian measure, his writings
hacing attracted public attention to the 6ar6ar-
ity Of the present lao, and nude it odious.n
Two of our sister States, Wisconsin and
Texas, have Incorporated this identical pro-
vision in their Constitutions l have copied
it verbatim from that of Texas. The princi-
pie it announces is no stranger to the laws Of
North Carolina; it has already been applied
to half of our population. / refer to the
female portion. Ever since the year 1928
there has existed an enactment in these words
No female shall be arrested or imprisoned
for debt" 1t may still be found in our Re
vised Code. Let us now do justice to the
male portion of our population, also, by MAX
ing this principle of unisersal application
Has the law worked badly as far as tamales
are concerned9 Who would desire to see it
changed as to them? Have fraud and
swindling. the alleged consequences, of ex-
cmption from liability to imprisonment for
debt, attended their exemption Yet single
women get credit, just like men, in proper
ton to their character and means; they buy
and sell, carry on trades, and incur debts, and
no body trusts them the less, because they
cannot be put in Jail for debt.
Sir, this old idea of the right of imprison-
ment for debt being necessary for the cred
itors security is all mistake Let him do,
like other people are required to do-use
circumspection is his business, take care with
whom he deals, and thus secure himself; and
not call on the law to practise cruelty in
order to remedy his want of care. Do not
men have business dealings every day with
corporations, and yet neither Cdpias nor Ca
ST., can issue against them? Is it not the
same case with Executors and Administra-
tors Who would be the representative of a
deceased person, if he were subject to arrest
for every claim brought against the estate ;
But, sir have heard it objected that the
change proposed is a radical one, and that
existing legislation is not adapted to it. Let
then the legislation be changed so as to con-
form to it. If the principle is a just one, the
laws can readily be adjusted to fit it; other
States have found no difficulty in doing so.
The very purpose in having General As
sembly is to frame laws, in accordance with
the requirements of the Constitution, and
adapted to the wants of the people. The
argument too much trouble" is sometimes a
very selfish one, and one which representa-
tive when the interests of his constituents
OH fho
protection of personal liberty, we insert in
the Constitution just provision, let the
Legislature adapt the laws accordingly.
Nor, sir, is it any argument to urge in OPP
position to this measure, that the condition
of the debtor is already much improved over
what it was in former times; that the i'm
prisoned debtor should solace his lonely hours
with this reflection, and not seek restoration
to liberty, that is, to light and air and health
and home all that makes life happy. Until
it shall be clearly established, as / contend
it never has been and never can be, that a
human being should forfeit all these bless
ings as a penalty for insolvency -imprison-
ment for such cause is inhuman-and all
mere legislative efforts to improve the i'm
prisoned condition of the debtor. short OF
his absolute release from Imprisonment, are
a tacit acknowledgment of the weakness OF
the right to imprison him, and are arguments
in favor of the adoption of this amendment
Heretics, OF those so called, were once burn
ed at the stake: religious persecution after
wards assumed a milder form-but that was
deemed no sufficient reason why an express
clause should not be inserted in the Consti.
tuition, guaranteeing freedom of conscience
and religious worship. Insolvent debtors
were once put to death; afterwards sold into
slavery they are now imprisoned. Wheth-
er this species of persecution shall be con
tinued among US depends on the action Of
this Convention. Adopt this amendment
and it is abolished for ever.
1t is sometimes urged by the advocates Of
this barbarous system, that the debtor is moi
imprisoned for debt, but for fraud fraud il
the contracting or fraud in concealment.-
Unfortunately for the argument, and still
more unfortunately for the honest insolvent
the theory does not accord with the facts, as
can be readily shown by reference to oul
laws and to the practice of our Courts. Il
is every days experience, or was when tht
civil courts werein full operation, for debtors
to he arrested and committed simply fol
want of bail; the very first sentence of thu
! first section of the boosted act for the relic
of honest insolyent debtors, Revised Code CHI
| 59) authorizes the confinement of debtors il
Jail, where there is not the slightest sugges
ton of fraud, but mere inability to give Sc
curity-and what is worse, this confinement
is to continue for twenty days before tn
courts, justices, or judges are allowed to con
| slider a petition for his release. If ever Their
was relic of barbarism handed down ant
preserved, here it is embodied in the legisla
| ton of North Carolina.
Rev. Code oh. SO, 31-enacts as follows
off any person shall be taken or charged OF
mesne process for any debt, or shall be takel
| or charged on execution for any debt or dam
| ages rendered in action whatever, or shall b