Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-11-06
IMPRISONMENT FOR DEBT.

There is good deal. of sympathy being
wasted upon the cases Of men in New York
who are imprisoned, as the reports have
it, for debt. The case Of the man who has
been confined in the Ludlow-street Jail for
seven years has been referred to as an out
rage by the New York papers. Let us see
how the matter stands. A case was tried
against this man, and, after years of liti-
CATION decided against him, it being es-
tablished that he was indebted for sery-
ices performed upon contract sanely
entered into. So far as the laws of the
land are concerned, all the machinery pro-
vlded for securing to men their rights was
brought into operation in this case. A
Judgment was rendered against him for a
sum Of money. That Judgment was the
result of proceedings under laws made by
the people of New York, and which laws
are necessary to the preservation of human
rights. The Courts that tried the case
and heard it on appeal ale decided that
justice demanded that the man pay to an
other given sum of money. To go behind
that judgment and pronounce its operation
an outrage is illogical on the part of the
people, since they made and are response
BILE for the law that underlies the judg-
ment. The processes by which it was
entered up and attempted to be enforced
are those provided by the people of New
York, and for all the years of the last half
century they have in their sovereign
capacity refused to modify or repeal the
law, and have adjudged it wise, humane
and just. Now, under that law and that
Judgment it became the duty of the de-
PENDANT to obey and pay the debt, having
the ability TO do so. But he attempts to
rise superior to the Court and refuses to
obey its mandates. For SUCH refusal ne is
punished by Imprisonment. The Court
cannot subject him to the rack, or order
thumbscrews applied to compel obedience
on his part, in doing that which it is possible
and easy for him to do 1t does that which
the humanity of the age permits, and i'm
prisons the man. He remains stubborn
and in Jail, and as a result the press and
the short-sighted people rise up and de-
nounce his Imprisonment as "an outrage "
and "a burning shame" What would
these people have? Abandonment of the
law by the Court, and the triumph of the
defendants. If that is to be the rule what
use is there for Courts at all? How are
their DEGREES to be enforced By what
protecting arm shall any man be guaran-
teed the enjoyment of life or of property ?
If there is any inhumanity in the law the
remedy is with the law-making power. II
there is any abuse of power by the Court
appeal should develop it, and if there Is
abuse in the upper Court the laws provide
remedy for it, and at the utmost the
sovereign power 10 make laws may be ex.
ercised for the correction of any possible
error or wrong. In no light in which il
may be viewed can it be said that il is gar
outrage to compel the fellow in the
Ludlow-street Jail to lie there until he
concludes TO respect the mandate of the
agency of the people for doing justice
When the people condemn his incarcera
ton as an outrage" they simply condemn
themselves, for in their hands resides tbs
sovereign power to set the man at liberty
If they wish TO establish the rule that ont
VINO refuses to obey the laws they max
shall be absolved from the obligation o