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» PUBLIsHi‘~:n BY
S. W. BENEDICT. -
TERMS.——Tivd Dollars per annuiii,'payable
Quarterly} Mail subscribers in advance.
Anvmvrrsmriwrs, less than _a square, 75
cents; a square, $1 00, for tliree-insertions.
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_ L, FOR SALE.
" ' ~j ON reasoiiable..,ternis,that val-
, t‘ $1,’. uable and pleasant situation
_ .- known by the name of “ The
T/’illag'c,” lying about a mile from the Old
__Well, in Norwalk, and consisting of 2 large
Dwelling-Houses, a large,Pottery, 52 Kilns for
_buruing Ware, a good Store and Barn, with
_D_lll8l' buildings, and 910 acres of Land. For
‘further particulars inquire 0%
Norwalk, Nov. 3, 189.3, ,
E PROPERTY FOR SAEE.
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v
K 3-{P
ENJ. Isaztcs.
Sfitf
‘VALUABL I _
SW ‘ Farm coiiiaiuing a rout sixty
' l A acres of excellent land, situ-
ated in the east part of Darieiii
_ - lyingbetweeti the old post road,
[and Court. turnpike, and atljziiiriiiglititli ; and
"one mile, fr;-ii'ii Five-Mile River iinding.—--
Said farm is well proportioned as to plow,_
‘pasture, meadow, and wood-land, with a large
and coniniodious Du elling ylouse, barns “'11g'
goulioiise and other out-buildings, all in good
repair. with a well ofexcelleiit water Within 8
few rods of the (lour. The property will be
cold together, ! r in lots, as willbest suit pur-
cliasers: conditions, _aiid further particulars
iniade known by applying to the subscriber on
the preiiiises. ‘ _NoYES RICHARDS.
Dai'ieir,-Ft.-I). 3d, 1824. 50
OR S'ALE——A coiivetiient
Dwelling-House, in good re-
pair, witlil7 acres of Land, situ-
ate in Ridgefielil, ainile South
ofthe Meeting-lloiise, orr-tlie road leaditig to
Norwalk ; said place has a good garden, and
a variety of apple and peach trees jtist begin..-
ning to hear. The house will be sold with a
less ‘quantity ofland, as may best still the piti-
cliziser. Thosewishing to btiy will do well to
call, as the place will be sold on reasonable
terms, and a good title given. Ifthe place is
not sold by the first day of April next, it will
then be to let. SAMUEL ST. JOHN.
Ritlgefield, Feb. 10th, 1824. 51
'1‘ I-IE subscriber, intending to
break up house-keeping, of-
fers for sale his Farm, contain-
ing about 100 acres, situated in
‘Not-walk, Co
Bridge, and commanding a more extensive
view of the town, liarhour and sound than can
be had in any other part of the iowii. The‘
farm adjoins the. turnpike road leading to N.
York, is under good cultivation, and is well
proportioned into plough,pasture,meadow and
wood-land, and has on it three orchards ofex-
cellent fruit. consisting of apples, pears,peacli-
es, SEC. The fences are built ofstone, and are
in good repair. On said farm are two good
dwelling-houses, barns, and other out-houses,
with wells of excellent water near the door of
each. Ifnot sold previous to the 925th ofMarch
next it ‘will their be sold at public vendue, at
the house of the subscriber, at 9 o’clock,A. M.
I.0gt‘.lll€l‘ with a great variety ofstock, faruiing
iiteiisils, l'll)lISt‘ll()l(.l furniture, weaver’s tools,
&Lc. Persons wishing to purchase will do well
to view the preniises. Terms made easy.
N. B. ‘Tire farm can be very conveniently
divided into two, there being a house and barn
for each. I'l0LMES Sartncns.
Norwalk, Feb. 9.3. 1824. 5w5é2 .
FOR SALE,
'1‘ HAT valuable stand formerly
‘ owned and occupied by M ar-
tin Clock, late of Darien, dec’d,
,: situated on the great turnpike
road from Boston to New-York, in the town
of Darien, about lialfa mile from Rings End
landing, so called, and at the head of the road
leading thereto. Said Farm consists ofa-
boiit 20 acres of excellent Land, for plough-
ing, mowing, or pasture, on which is a large
and cotivenieiit two story Housc,a B:irii,black-
smith shop, and other out buildiiigs, an apple
Orchard, and other fruit trees, and a well of
water within a few feet of the door. Said
place has been occupied as a Tavern, and is
an excellctit stand for almost any kind ofMe-
chanics. The above premises, together with
about 4- acres of wood land, within halfa mile
ofthe house, will be offered for sale at Public
Auction on the preinises,on Monday 29th inst.
at one o’clock, P. M. Conditions made kiioivn
at the time ofSale, and possession given im-
mediately. JOHN W1-zen, Jr.
Darien, March 5, 189.4. 2*
A VALUABLE Farm for sale,
-*- situated in Ridgefield, parish
of Riilgebtiry, lying on the main
,, ,_~___ Road frotn Danbury to N. York,
and atiout one mile from the Meeting-House,
in said Ridgebury, containing about 100 acres
of plow, pasture, meadow and wood land, to-
gether with several good orchards. On said
Farm is a good dwelling-house and burn, and
a never failing well of water near the door.
Airy person wishing to purchase may know
the terms by applying to the subscriber living
about three quarters ofa mile north from said
Farm. Terms of payment tnade easy and an
indisputable title given. BENJ. Lvues.
Ridgebury, Feb. [7, H124. *:'iw52
‘OR SALE—-Avaluable house
and home lot, containing about
eight acres ofgood meadow and
__ plough land, handsoniely situat-
ed in the town street, adjoining the Episcopal
Churcli in Ritlgefield. Also, about 20 acres
of plough and timber land, ofthe first qtiality
ii few rods west of the Street. Likewise, a
good wood lot, containing about twelve acres,
one mile and.a half west ofllie street. Said
farm will be sold together, or in separate
parts, to accoirrmodatethe purchaser. ' Com-
mendations are considered unnecessary, as it»
is presumed any person will view the premises
previous to purchasing. Application made
to the subscriber, living on the premises.
SAMUEL SMl'1'H.
Ridggfield, March 1st, 1824. 2
iiti. about half a mile from the-
SPEECH or Mn. R. M. JOHNSON, or KY.
Delivered in the Senate of the U. States. 16th
Feb. 1824, on the sulject of abolishing Im-
prisoiznicnt for Dtbl. . ‘
Mr. R. M. Johnson, of Kentucky,"said,he’
rose with some confidence, created l)y.Ill8;.ll1-
trinsic merit of the subject, and not from any
conviction oftalent in liiiiiself for public speak-
ing. Is it expedient, said he, to‘ abolish im-
prisonment for debt ? This is thevquestion. I
am in favor of a total abolitionfwitliout any
conditions, either previous or siibsequeiit. I
wish it distinctly iiiidcrstood tl_iat.I aiu willing
that the remedy against the property of the
debtor, should be extended as far as any rea-
sonable man can require. But to allow the
body of a citizen, under any circumstances,to
be itnprisotied at the discretion of, his equal,‘
in any civil action, of whatever description,
I consider a most flagrant violation of person-
al liberty. If, in the private transactions of
iiidividuals, any of the parties shall deiiiean
themselves in such manner as to incur the
charge of criiriiiiality,let such conduct be con-
sidered penal. Give to the injured citizen his
remedy in the property ofthe aggressor. Let
the government arraign the criminal, and, in
the establishment of his guilt, let puiiisliiiietit,
proportioiied to the crime, he inflicted. In
‘case of assault and battery and breach ofthe
peace, the it.-jured party has his remedy for
the damage which he has sustained. His lien
sliotild be solely against the property ofthe of-
fender. Biit, for disturbing the harmony of
society, the offender is properly subject to a
criminal prosecution, and fine and imprison-
ment are his just desert. Here theliue ofsep-
aration between the jurisdiction of the crim-
inal and civil code is maintained, as it should
existtiu all other cases. In case ofa fraudu-
lent suppression of trtith, or the suggestion of
a falsehood in private transactions, give the
iiijtired party reparation for the civil injury,
and define fraud as you have felony—ma-kc it
a part of_ the criminal code, and wheir, upon
the soleinnities of a constitutional trial, guilt
is detected. punish it as it deserves ;humanity
will not revolt at the proceeditig——rectitnde
will rejoice. The line ofjiirisdiction between
the civil atid criuiiiial code should be fairly
drawn in every case.
In a couiitr_v free as otirs, civil,injIiry and
crime should never be confounded. Punish
merit is a retribution for offence, and is solely
the prerogative ofthe sovereign power of the
state. Civil injury is repaired by pecuniary
satisfaction, and this the iiijtired person has at
right. to claim.
But the iiioiiietit you clothe one citizen with
the power of depriving another of his person-
al liberty, whether for debt or for any other
cause, where the state is no party in the suit,
you establish a petty tyranny in the IZlll(.l,lllI)l'l§
extensive, tnore odious, more despotic and des-
tructive, than the feudal system. -
Let it also be recollected, that, to punish
an individual for, an alleged offoiice, tvliicli
has not been defined, by law, previous to its
comniission, is a violation of the most sacred
rights of freedom. ‘
And, where it is iuipracticalile to define vi-
olations ofthe moral laws, so as to make them
a part ofthe penal code,_lest too much discre-
tionarypower should be confided to our courts,
to attempt the infliction of punisliincnt, must
be dangerous in the extreuie. It is upon this
principle that many violations of the moral
law escape legal cliastiseniciit. The father
who neglects to advance his son in virtuous
and intellectual iniprovetneiit, when both are
within his power,wlio destines his ill fated olf-
spiiiig to scrvile employuieut, until the age of
political and legal iridependeuce eiiiaucipate
him,is not liable to the law, although the sen-
timent of all arotiud him, coridctnns atid ab-
hors his sordid CZtl'(‘€l'. The son, who, in the
declining years of his fatlicr, has hecntne pos-
sessed ofliis whole property, upon the under-
standing that the father shall be Cl’l(‘|'l'~'l‘l£‘(il
and supported with filial tenderness and assi-
dtiity, and who yet abandons his hoary locks
and woe-worn features to poverty and wretch-
ediiess, is not obnoxious to the law, though he
nierits aird possesses the re-probation of man-
kitiil; is tlisgi-ti(:ei.l in the estimation of the
honorable and virtuoiis, and is a foul traits-
gressor in the preseiice of his Creator. Why
do these gross violations of every thing sacred
in paternal affection and filiril duty, pass with-
out legal aveiigeinetit ? It is because the pow-
er of punishing would be liable to abuse ; be-
cause it might, in some cases, eii(l:iii;;ci- the
liberty ofthe citizen. We ilierefore coiitciit
ourselves with Ieiiving these riolzitious of na-
ture atid jiisticc to the ieprclteiisiuris ofpublic
seiitiiiieut. Cliristiriiiity etijoitts upon us the
duty of beuevolciice and charity towartls all
niatikiiid : yet,whoever st-rinusly regarded such
an iujiiiictioii is a proper subject for public le-
gislation? lt is upon principles such as Ihave
mentioned, that I would abolish imprisoiiiiieiit
for debt in every possible foriii.
Coniniunicate and confirm this power, and
you place an innocent and tiiifoiiiiiiiite debtor
oti the satire ground with the most abaiitltiiied
swiiidler; the line of (lf3lll3lt'(,‘il.[l0ll between
rightand wrong, innocence and guilt, com-
pletely V21lll9lleL':- In vindication of the cruel
system which it is my wisli to expose, we are
told that its evils are exaggerated, and that the
moral sense of the community will shield the
unfortunate from oppressioii. But who sees
not that this very apo|ogy,ivliile it liouors the
public fcelintr. potirs disgrace upon the law ?
To ascertain the real cliaracter ofthis system,
we tiiitst trace the coiisequences that would
follow its rigid execution- Iask, then, what
number ofintlividuals in the U. States can he
made subjects of imprisonment for debt ? I
answcr,all who could not punclually discharge
the detnands against tliem,--including the
wives and children, and others dependent on
this class of the community. I presume it
would not embrace fewer than a million of
souls. Shall such a body of freetiien be de-
graded by caprice, or. ruined by nialignity ? If
such be the case, at a period in our history,
when only forty-seven siitiiniers have beamed
upon our independence, and-our popiila_tion
amounting to ten millions, what must be our
condition when our population shall amount
to fifty tiiillious? lVhen New-York, Philadel-
phia, Boston, Baltimore, Charleston, New-.
Orleans, and others ofour cities, shall be an-
~:..N0RW}*.
-, ‘.-<o3-vxs. t-:
I E 1:. .c.駧:..TUti§t9’i?‘ ‘Mice at i
imated with the busy pui'siiit§‘5’f"a"iiiillion in‘ ‘j
.each,what will beour condition under this bar- '
barons system P" llniagination shudders while
she anticipates the ‘result; and virtue, benevo-
lence, and justice _weep and frown. ‘But, it
has been said that the evils have been exag.-f
gerated ; few instances of rigorous oppression
occur in our courts of judicature. E Admit, for
a monient, that this is the fact ; does this for-
bidour investigation ‘of-existinghevil princi-
ples ? Allow me to'suppose,- that 'a.~solltary in-
dividual has fallen, or is liable to‘ fall, a- victim
to the ‘unjust laws ofliis country.‘ Is his afflic-
tion. to be disregarded ?. Such is not the con-
stitution ofHeaven,.whose~niodel- we can tie-
ver_too much imitate and‘ accurately adopt.-
No consideratioii is too "minute for the conde-
scentioti and snperinteiidcnce and concern of
our Heavenly Father. By'him the hairs of
.our,head are all numbered. _ Even the flight
of sparrows, though two oftlieni be but of the
'value‘of‘a farthing, elude not his providential
observance. I ask, in language derived from
superhuman authority, is not man of more val-
ue than iriany sparrows ?It is a notorious fact,
that we uiidervalue the solemn duties of legis-
lation. By the sufirages ofthe people, a pow-
er is invested in us superior to every thing
and the yielding Solon ; to exert that power is
a dirty wliicli the people reasonably expect,
and ivlricli every generous and enlightetied
sentiment ofthe heart inculcates. I have be-
fore me record evidence of the evils of im-
prisoning debtors, which would chill the blood
of airy feeling man. It might turn a Nero
pale and make a Caligula shudder. Why do
any of us question the enormity of the. prac-
tice which we are compelled to condemn ?—
Because we are removed from the scenes of
iniscry. Had we a Howard, that illustrious
ineasurer and rclicvenof human calamity, a-
atriong us, though he had the disposition, time
would fail him to visit otir abodes of authoriz-
ed misery. An autlientic account of the hor-
rors ol the Spanish Iuquisitioii, for 350 years,
has recently been published ;during that pe-
riod, thirty one thousand three hundred and
sixty-five persons have been burned alive with-
out ofietice ; eighteen thousand eight hundred
and forty-iiiiie have been degratled and burnt
in efiigy ; two hundred and eighty thousand
two hundred and fourteen have been 'cotidein-
ned to perpetual iinprisotiment, or to the infa-
mous galleys ofthis holy a.ssociation—consti-
tilting the ivuiuber oftliree llllIl(ll‘_E}(l and forty
thousand nine liundrccl and twenty-oiie.-—-
These savage crtieltics were confined to Old
Sp-tin. Tliey enibrace not her vast posses-
sions in South Atncrica and other parts ofour
globe. Wliat elutpiesicc can pouiiray the st-
lent agony, the lrttrstiiig groans of the victims
of this heart imitliiig cruelty ! The Spanish
these liiirbai'otis nieasures, and no doubt would
have denied their existt.-.icc——like those who
deny the evils of ll))pl‘l§\:ttl\lE¢llI for debt-the
Spaiiiarils know nothing or little ofthis extent
ofsiifl'eriii3_r. Occasiotially a near and affec-
'tit.-uate relative may have ll:l_(l souie obsciiri- i-
dea ofthis horrid persecutioii. The watclitiil
anxiety of sortie ltiiidied spirit may have heard
the ttiiavailiug sigh, the expiring pang ofthe
agonized victim ; btit these were lost in the
tumult of the world, or if remcinbeied, re-
anRli.'g(llI5 to this the debtor siiffei's the evils of
llllpI‘lS0llll1£'.ll( in these U. States. We accus-
tom ourselves to that species ol'apatliy,wlricli,
liaving ears, liears not. The tear of desola-
tiou drops unobserved, and the visions ofca-
A laiiiity pass awa_v like a dream. The decision
of a court of justice dcposites the body of a
patriot in the gloom ofa jail, merely for the
sin of having been utifortuiiate, and of all his
animating hopes leaves not a wreck behind.
Few are acqtiainted with his niisfoituiies;still
fewer shed the generous tear ol'syiiipatliy.——
Taiight to venei-ate the decisions ofthe Judi-
ciary, and the otiicers ofjustice, the lieartsjof
his lellow-citizeiis, not ttiore worthy than him-
self, welcome the liardiilzss of the nether tnilf
stone and the adamant. do this way tliemarcli
oftyranny is usually silent, but always deso-
l.itii'ig. I.-et Congress i olate the rights of:-in
iiidivitluzil, however ob cure, what would be
the t:oiiscqueiit:e? Tiietliiiiitler of loud and
generous iiidignatioii lyonld roar front the
rocks .if Maine to the "ulf of Mexico, froin
the blue wave of the Alantic to the Pacific
Ocean. No man COlll(j be strong enough in
the alfcctioiis ofthe per," le. to sustain liiiiiself
against a soli'.:—iry instzi cc of individual.op-
pi-essioii. But, let the vudictive creditor con-
sign to the cell his uiil rtuiiate debtor. Let
him deinairtl niaiiticles ud fetters; let him
pcrniit life to linger on liardeued bread and
noxious water, and all it ivell; the law justi-
fies the procedure; It may triuuiph in the
power which he exercis s, and glory in the i-
den that the public law ands a silent, perhaps
it siiiiliug spectator of the scene. Iconsole
myself with believing tat this tiatioti can feel
for hiiin-.rii iuisery, estir are correctly the val
tie of freedom, and wil iltiinatcly select pro-
pcr iiistruuients for it destruction. Iti the
town of Boston, consis rig ofa population of
fifty thousand souls, fr in a report furnished
me by it re~pectable society in that city,I have
the afiliction to learn, hat, during the year
I890, fourteen liundrediind forty—two persons
were imprisoned for dqit; in the year l8:2l.
twelve hundred and eility-one ; and in the
three quarters ofthe yeirl 8%., seven liuudred
and sixty-nine pel‘S0l1S,ClllZellS ofour Union
--foiir hundred and thlty of these incarcera-
ted victims were femal ! the whole number
imprisoned during thi, period amounted to
three thousand four liittlred and niiiety-two,
among these two tho ‘and and eiglity four
persons were hurried it o prison for debts uti-
der twenty dollars. e aggregate costs of
these small debts exce ed the amount of the
debts themselves.
I have read with mtth interest some ofthe
reports of the coniinis oners, who were ap-
pointed, at the last ses n of the Legislature
of Massachiisetts, to- it. the various prisons
in the State, for the liii tine purpose ol'ascer-
taining their conditio of learning whether
the state of the suffer s‘could be rendered
tnore correspondent wit the wish ofhuniani-
ty. I have not seen aponsolidated report of
this subject ; but, from trading detached parts
which has immortalized the stern Lycurgus-
nation generally, were probably ignorant of
tiienilieretl only to be forgotten. In a manner
rm.
Von. ‘vii. ND. 4.
in the Boston papers, I have observed, that
debtors were-coiifined in al,Ill0sI"eVet‘y prison.
Males and females, in one instance, imprison-
.‘ed~iii,tlie same room. Intoue of -tlie jails the
felouzand debtor were coirfiiied in. the same
room ; and in another,the debtors enjoyed one
comfortable meal in the 924 hours. .
lam giving facts relative to onetof the states
ofthis Union ; a state distinguished for patri-
otism ; a state where the arts and sciences are
’ flourishing; a state reurarkable for moral im-
‘[)l‘0V8m'ellIS and for piety; a state, in fine,
‘that has been justly denominated the Cradle
of the Revolution. -
‘But for the benevolence ofa society in Bos-
ton,»and the humane act of the Legislauire,
these disclosures would never have been ‘made,
or, if made, would have been pronoiuiced in-
credible. I mention not tliese facts with a
good people of Massachusetts. No, Sir, the
operation of this system is everywlrere the
same, in the U. States and in Europe. Dur-
ing the last session of Congress, record evi-
dence of the same system was offered in the
city of N. York, and the result was the same.
The prison was always crowded with debtors,
and, although peculiar circumstances may
sometimes produce a temporary relaxation of
the severity ofthe system, yet, so long as con-
fineuieiit for a pecuniary demand is legalized,
so.]ong will your strong holds of inlitiniaiiity
be crowded with the children of misforture
and anguish ; the Gorgon ofmisery will con-
tinue to grow with the march of time, and
with the swell ofpopulation. Trust no man,
Sir, with arbitrary power. If you do,were he
an angel, he would sink himself into a fiend.
The respectable and generous society in Bos-
ton, to which I have alluded, declares that the
incarceration ‘of these three thousand four
hundred and ninety persons involved about
ten thousand in the deepest sorrow. Here is
nothing like exaggeration. The calculation
will be sustained in the initid of every man
who pcrlnlts his reflcctions to trace the rami-
fications of society, including wife, children,
and friends. Assuiuing this view as the clue
the heart becomes paralized while it unavoid-
ably beholds the multitudes of free citizens of
our Union who have bedewed their pillows
with the tears of affliction. How many have
been injured and degraded by this barbarous
custom since the termination of the late war
with Great Britain!
man, may in vain utter his importunate re-
quest-—Havc patience with me and I will pay
thee all. Had he been permitted to have pur-
sued his avocations, by industry, frugality,and
the blessings of Heaven, he would have emer-
ged from his wretchediiess ; he might ultim-
-.-itely have discharged every righteous demand,
and have termiiizited the career of life with
credit and honor. But, no Sir; while the llll_-,
mane .crc.di:m.umuld‘ ‘willingly indulge, ava-
rice marches forward, asiinfeeliug -as malig-
iiity, grasps after all, and (.l8llVel‘S‘hllll to the
ofiicers of the law, who confine him to prison,
and complete his ruin. Still, Sir, we believe
the evils exaggerated. I have been taught to
believe that morality was the basis oflegisla-
lion, and that fearful denunciations are inter-
coirimission. It is a solemn duty to reflect
upon our accountability to God, as well as to
‘our constituents. _
We are indebted to our Anglo-Saxon an-
cestors, more than any other nation or people
on earth, for the assertion of liberty, and for
the vital principles of representative govern-
--ment. Talk not ofthe sanction of antiquity,
of the veneration due to former times, when
you deliver to the custody of the law a poor
unfortunate debtor‘. Antiquity is against the
Ill€llSlll‘C, 85 I'd!’ HS IBSPECIS Olll‘ 3l'lCB§I0l'S.---
Look into English history, you will discover
that the practice,which charity coudemus,was
introduced by judicial couutetiance and iistir-
pation. At the period oftlic overthrow ofthe
Saxon Heptarchy, byF.gbert,first King ofEng-
land, such profound respect was entertained
for the personal liberty ofthe citizen, that no
mart could suffer imprisoninent in civil ac-
tions, and in no case, except for offences a-
giiinst the penal code. In all cases of arrests,
the peace ofthe Kingdom must have been dis-
turbcd by violence and outrage. Such was
the uiidisgraced, the happy condition of soci-
ety, in this respect, for many centuries.
This liberty was confirmed by the wise ad-
miiiisiratioii and public institutions ofthe il-
lustrious Alfred. In process oftiine,however,
w_liile the Kingdom was liarrassed by Danish
invasions, and the irruptions of other Nortli-
ern powers, creditors, and the mercenary odi-
cers of the courts of jtidicatiire of that day,‘
contrived to induce the judges to issue such
civil process as to subject the debtor in civil
actions, to imprisonment. This wars the first
step towards the introduction of a system
which extended its baneful iufiiience to every
civil transaction, wll(‘lllE‘l‘ accompanied with
force or fraud, or exempt from the imputation
ofeitlter. Then were those legal chains be-
gun to be forged which have compressed the
withered limbs ofthe unhappy debtor. Until
the Norman conquest, this jealousy for per-
sonal liberty beat strong in every bosom. Vill-
liaui the Conqueror introduced the tyranny
of the feudal system, and labored to toll a cirr-
few that should put out all the fires of person-
al independence. He depressed the conquer-
ed Saxons, and elevated his Nornian follow-
ers by giving them large landed estatesarid
extensive political power.
It was not, however, untilthe long reign of
Henry the Third that-Parliament formally es-
tablished the system of imprisonment in civil
cases. And what was the object of this first
statute? what the extent of the principle ?—
It was first established in favor of the barons
alone, against the bailiffs or receivers of their
rents. Who were these barons? They con-
stituted the entire nobility, the landed aristoc-
racy of the kingdom. They constituted one
powerful branch of the national legislatui'e.—'
They were the House of Lords. The law was
not be taken into the custody oflaw unless he
had not only received money, but had abscon-
ded, and had refused to account for or liqui- I
date the amount in his possession, by a regu- 1
view of casting the least reproach upon the _
for our calculation, every liberal principle of
The debtor, sunk beneath the elevation of
ed against sins of omission as well as sins of
.1
lat settlement. Ifthis were done, whetlier a-
ble to pay fully or not,‘ his body was held sa-
cred and his liberty secure. Ifthe bailiffs or
collectors had real estate, however small, up--I
on which the process of attachment could op-—
erate, his body could not be arrested for a trio'-
merit; a violation of his personal independ-
‘ence would have subjected a baron to heavy
damages. Ultimately, however, the court and
barons, and the officers ofthe law, prevailed;
and the body was made liable to uncondition-
al imprisonment and chains. Here, Sir, is
another proof, ifevidence were at all wanting,‘
of the. superior power of wealthland political
privilege over poverty and misfortune. The
court and the creditors found their account
in the harshest measures. They found that, ..
by extreme rigor, though one party was ruin-
ed, theirs was the profit. By slow degrees,
this system continued to advance. In the stic-
ceeding reign of Edward the First, this prin-
ciple was extended to merchants against their
debtors, for the purpose of elevating them in
the scale of society, and, by sncli elevation;
counteracting in some degree, the influence
of the barons, which had become dangerous
anti alarming ; so much so, that it held mon-
archy itselfin check, and even threatened the
destruction of regal power. ‘In the reign of
Edward the Third, this horrid system was eti-
larged so as to embrace actions in general of
debt anti detinue. One hundred. and fifty
years after, under the sordid reignof Henry
the Sevciitb, the circle was completed. Vio- _
lence and disaster, breach of trust and sheer’
misfortune, were crimes, in the estimation of
the law, of equal enormity. During the strug-
gle for power on the part of the court and thi
creditors,let-it be recollected that bail was not
allowed, even upon niesne process. VVitbout
previous notice by summons, the capias being
issued as the first step in im action, the debtor
was taken into immediate custody, and coni-
mitted to close jail, withotit the means ofina-_
king terms with his creditor, a mere equal’
with himself,seized by the throat, he was doo-
med to the most cruel bondage, and the most
exorbitant exactions. '
This usurp'ed power was employed with sis’
much abominable rigor,and t- such a shameful
extent,that the prisons were literally cimvded,‘
In the reign of Henry the 6th, bail was per-
mitted oii mesne process. It was thus allow-
ed a t the conimericement ofa suit uritiljudg-
ment was obtained. Then the poor debtor
miglitbe confined for life. It wasiii the pow-
er, and was frequently the practice of his ad-
versary, to pronounce the senteiice,as his vic-'
tim entered the ce1l——thou shalt by no meair
come out thence until thou hast paid the ut
tcrmost fartliing. Does a system like this do
SC‘I'V(’._l)l]_lVEl‘3al eiblinrrence? It is the systeti
of the "pr eut day, with some niodification.
So frequent-ly have tlie_ jails in England bee
filled with insolvents that it has become tie-
ccssary to empty them by special acts of Par-'
liament. A general jail delivery has effecte
what avarice would have forever pri=.ventt=.d.—
In the British annals we have accounts of th
establishment of benevolent societies for th
reliefofthese hapless men and women. One o
these societies,establislied in London in 1772
in a period of 18 years, ivith the sum of twen-'
ty-six thousand six hundred potinds sterling
rescued from woe and thraldom eleveif‘-tlious
mid five hundred and forty-three persons. ‘
These had seven thousand one liimdred an
twelve wives, and twenty-one thousand fiv
luindred and tliirty-one children, making for
ty thousand one hundred and eiglity-six per
sons iir.mediate partakcrs ofthis ‘cup of afllic
tioii. These were released, not by the human
ity,iiot by the righteousness of the law, but h
this honorable and benevolent institution
The amount paid would average about tlire
pounds for each individual released. In eve
ry instance the society made strict inquiry in
to the causes which had involved the prison
ers, and communicated relief only where mis
forturie,not crime,had produced the insolven-
cy. Thus, eleven thousand five hundred and
forty-three honest, industrious, virtuous, but
unfortunate" men, were deprived of liberty-
seven thousand one hundred and twelve fe-
males, wives of the imprisoned. were redu-
ced to want and wretcliedness; and twenty-
one thousand five hundred and thirty-on -.
children abandoned to starvation or profliga
cy. Where is the inau that cart hear this sto
ry andtfeel _-i},_ot his blood ctirdle within him .
And yet Englaiid can boast of her freedom
the rectitudé-of her policy, the divinity of her
religion ! . ‘VVe also profess to be Christians—'
we profess to love our fellow men: and how
do we apologise for this foul blot ? We boast
of our insolvent laws, which approve not 0'
perpetual iinprisonnient.
that these laws impart sotne relief to the sys-
tem of its desolating character, its vindictive
temper? By the Franklin rod, the habita-
tion of the debtor may be protected front the
lightning of lieaven ;biit, alas! he has no rod
that can secure him from the more angry
flashes, the roar ofhis unrelenting foe. V
After such a tlevelopetnent, if we can deny
the demoralizing tendency of this system ; if
we can deny the barbarous cruelty ofinvcst-
ing the creditor with power over the debtor:
if we can deny that such an arrangement is
subversive of civil liberty, though one were to
rise from the dead, and speak with the tongue
ofan angel, we should tint believe. It is our
duty to relieve the distressed ; to weep over
the sorrows of our fellow-creatures; to con.
teinplate the prison; to bring home to our
own bosouis its horrors. There stands the
’lialfbroken jug of feculent water; there the
niouldy crust, the bed of straw. There is the
sepulchre which entombs the living; there,
the soul broken with afliiction, the soul on
which despair, like the worm that never dies,
is perpetually feeding. There is the‘ dungeon
where no pale ofdistinction is raised between
t e. idle, the extravagant, the srvindler, the
felon, the assassin, and the industrious, the e-
conomical, the honest but unfortunate child
of sorrow. There "are the accursed bars which
separate him from the wife of his bosom, from
his suffering babes, from his friends, from ev-
at first limited and guarded. A bailiff could ery thing which mzikelife worth possession‘.
l
. hearted, sit in complete insensibility? Shall
we pronounce these dreadful realities the meta
And shall we, who have the power to re-
ieve the captive, and to bind up the broken
_ ..:i -.
lVliai if we allow »
Norwalk Chronicler