The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-01-31
ANOTHER HABEAs CORPUS CASE.
Ne Exeat Republica.
Imprisonment for Debt is not permitted in this
State.

B. G. Taliaferro and B, Z. Brock, of Mer-
Ger, recently procured two writs of ne ex-
eat against Samuel Ell. McFadden, of that
county, charging that he was about to leave
the State, with his property, and that debts
owing to Samuel Evans and Andrew Hen
ry, though not yet due, were in danger OF
being lost if the man was permitted to
leave the State, with his property. MIR,
McFadden procured bail, but after the
lapse of some time his bail surrendered him
and was released, Mr.. Me. F being COM
mitted to Jail.
John G. Pepper, ESQ.,, lprocured from
Judge Peasants writ of habeas corpus
and had the man brought to this city for
hearing of the case. The Judge heard the
case last evening THE 30th) in order not to
interfere with the regular routine of bust
ness in our circuit court
The case was argued by the attorneys
named, at some length, after which the
Judge reviewed the subject in a manner
highly interesting and instructive. We
suffered all the discomforts of the misera-
bic benches in the court house for two
hours, for the purpose of hearing Judge
Peasants talk about this matter of impris-
onment for debt, and.were amply repaid, for
he delivered one of the most charming and
humanizing little speeches, in mild, con-
versational way, it has been our fortune to
hear for long time He held that the
writ of ne exeat in cases like those under
consideration, was contrary to the spirit of
the age, and conficted with that clause of
the Bill of Rights, in our Constitution,
which declares that
- II. NO person shall be imprisoned
for debt, unless upon refusal to deliver up
his estate for the benefit of his creditors,
in such manner as shall be prescribed by
law or in cases when there is strong pre-
sumption Of fraud.
In this case the debt owed was not due
And there was no evidence that the man
intended any fraud, or even that he had
any property The Judge then gave ar
interesting history of the writ of ne exeat,
its origin, in ages long gone by, and the
propriety-even necessity for it as between
governments of the old world, where, if 4
debtor was permitted to change from one
government to another he could not be pur
sued and his property or body held to pay
what he owed La this country there wa:
no such necessity. The creditors right:
are as perfect in Iowa as in Illinois; as Sc
cure in Texas, Oregon or Maine as here
in fact it would be much easier for tht
creditor in Rock Island or Mercer coun.
ties to follow his debtor to Scott or Musca
tive counties, just across the river, and col
| lect his debt, than it would to follow hin
to Alexander or Lake counties in thi;
State. The Judge then set forth in strong
light the fact that, in this case, where the
debt is not yet due and no judgment has
been obtained, the creditor coulC
not detain a horse, or an old wagon
or any other piece of property-yet it was
claimed that the man could be. shut W
in Jail You couldn't arrest an old Wagon
but claim the right to arrest human
being and imprison him The proceeding
was revolving and contrary to the civilized
intelligent age and country in which it il
our good fortune to live He saw no othe1
way but to release Mr.. McFadden-whicl
was DONE
We do not pretend to give the words O.
Judge Peasants, and we may not in al
cases give correctly his ideas, for we can
not remember all the points he discussed
But we were greatly interested in witness
ing his reverence for the Constitution hi,
clear and learned exposition of the pro
gress of civilizing influences, and his care
full regard for the rights of fellow man
and we make this hurried sketch, thi.
morning, from the pleasant memories of {;
scene which ought to have more perfec
and enduring record than its uncertain pres
ervation in the columns of newspaper.
Fancy boxes, Albums, cheap, at Boston