The Sun. — 1853-11-07 (London, England)

THE SUN, LONDON, MONDAY EVENING, NOVEMBER 7, 1853.  Ppersons, who had previously been deeply grieved I at the folly of inexperienced youths in whose future welfare and happiness they were deeply interested, or who have some even worse motive at bottom. Surely these things might have excited observation and led to inquiry before the close of the year 1853. The only way in which we can account for this anomaly is, that the public mind had to a certain extent become habituated to the evil. The "debtors' prison" was, like the " gallows," one of the " institutions of the country" which we were quite willing to receive on trust,.as being founded by the wisdom of our ancestors. We no more thought of questioning the propriety of a man's being sent to gaol for being unable to satisfy any claim or demand than we did of seeing Gatton and Old Sarum sending four members to the popular branch of the Legislature, while Manchester and Birmingham remained unrepresented ; or seeing a young woman, in the early pride of womanhood, publicly strangled by the executioner, because, having been robbed of her husband by a pressgang, she had taken a handkerchief or ribbon, or some article of trifling value from a shopkeeper, to procure bread for her famishing infant. We have, however, succeeded in greatly modifying two of these laudable institutions. We have got rid of many of the rotten boroughs ; and if Lord JOHN RUSSELL be true to himself, or mindful of his own reputation, the others are already doomed, and after next Session will be spoken of as things that have been ; while " the great public instructor," the hangman, has had his functions materially curtailed, none but wilful and deliberate and cold-blooded murderers being now left as subjects for his experiments. Why, then, should not a like fate await the third great institution to which attention has been directed ? Why should not imprisonment for debt be altogether abolished, except in cases of gross and premeditated fraud, which would bring the party within the operation of the criminal law ; or why, at least, should not the debtor be allowed to show cause against the issuing of a- ca. sa. before as well as after his incarceration ? Why should he not be heard in his own defence before I the commencement of his punishment ? When the enormous cost of maintaining the system is ascertained, when the public outlay on the various prisons, and for supporting the debtors therein, and the cost of supporting their destitute families in the union workhouses has been summed up, we may begin to consider its utility, and ask ourselves why it is that we refuse to do that by which so important a saving might be effected ? We shall find that the reasons for which the system was sanctioned have totally ceased, and on the old and well-established principle, "cessat ratio cessat lax," the law itself should also cease. Imprisonment was only tolerated in order to enforce the surrender of property. We have greatly extended the remedies to the judgment creditor against the property of his debtor, whether real or personal, and the Common Law Commissioners have recommended further alterations, which will prevent any debtor from retaining adverse possession of any species of property, real or pergonal ! Why, then, should imprisonment for debt be retained when there is no longer any necessity for its assistance to enforce the surrender of property ? Why should not every man be made subject to the bankrupt laws, although not an actual trader ? and why should not the principle of the County. Courts be extended, so that a judgment summons should be issued before a warrant for arrest were granted ?—and why should not the Judge be authorised to order payment by instalments, and to limit the term of imprisonment ? We trust that the advocates for incarceration will return at least 'plausible answers to these important queries.  ----