Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Twentieth Congress Page: 39
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89
GALES & SEATON'S REGISTER
40
SENATE.]
Imprisonment for Debt.
[JAW. 7, 9, 10, 1828.
that it should be brought up in the shape which the Sena-
tor from South Carolina had given to it. He would, how-
ever, at any time, vote for it as a distinct proposition.
In relation to the objections of the Senator from South
Carolina, he would consider whether the bill went too far
in restricting' the power of creditors over debtors. The
gentleman says, that many debtors may have concealed
property, bank stock, money, and choses in action, and
thereby may be able fraudulently to defeat the claims of
their creditors, even after judgment has been rendered
against them. But what, sir, is to be done with those
debtors who have no bank stock, nor money, nor choses
in action ? Must they suffer, in hopeless confinement,
because some few rich men may be villains ? If debtors
were proved to be dishonest, the bill provided for their
punishment. He did not believe that the debtor part of
the community was any better or worse, on the score of
morality, than the creditor part. And he would fain
know, upon what principle gentlemen assumed the fact,
that debtors were dishonest. As many instances of op-
pression, on the part of creditors, can be enumerated, as
of fraud on the part of debtors. The bill provided that
the creditor, instead of confining the body of the debtor,
upon a presumption that he has property concealed,
should first give some kind of evidence of the fraud.
Whereas, under the present laws, a creditor may first strip
his debtor of all his property, even to his last blanket, and
then, to complete his wretchedness, may turn against him,
as a villain. But the gentleman also savs, that'the course
of proceeding is too troublesome to'the creditor. It
would be more convenient for him to put the debtor in
jail, at once, upon bare presumption of fraud.
He submitted, whether this sentiment was in accord-
ance with any principle of morality, or with that equality
of rights, in defence of which the honorable gentleman
himself had so often raised his voice. In this connexion,
Mr. J. begged leave to call the attention of the Senate to
the historical fact, that coercion was never, in a single in-
stance, applied to any one of the English Lords, who
might become a debtor: and, that no inconvenience had
ever resulted to any creditor from their exemption. The
consequence of this privilege, in this respect, was, that
their creditors took from them pledges of valuables, ov
relied upon their honor and property. Why cannot the
same course be pursued, and with the same success, be-
tween creditors and debtors in this Republic, where all
are nobles, and all commons ; where there is neither pa-
trician nor plebeian)
Let me ask the Senator from South Carolina, continued
Mr. J., whether I have not shown to him, ihat the bill, in
relation to the supposition of fraud, gives no more than a
fair and equal opportunity to the debtor to exculpate
himself from the suspicion or charge ? If I am deceived
as to this, let the gentleman suggest a better mode in
which the object may be obtained.
1 accord, said Mr. J.t with the opinion of the gentleman,
that the People should be undeceived as to the effect of
this bill. He had been made aware bv the great number
of letters he had received from different parts of the court-
try, that the People were under the impression that the
bill would have a general operation, and would also affect
existing contracts, jjut the advocates of the bill had not
assisted m creating this impression.
mimber ot the debtors alone can ever have the
benefit of the bill; and most deeply do I regret, that its
principles and application cannot be made co-extensive
with the relation ot debtor and creditor throughout the
Union. But ,f ,t relieves but one debtor out of a him-
dred, it will be well worthy of the benevolence and phi-
f, ? 11 is' however, to the moral effect
ot this bill that I attach most importance. ]t will in -id-
ditipn to the prevailing character of public opinion'on Die
subject, nave a decisive moral influence on the State Le-
gislatures, who, it is to be hoped, will soon be induced
to engraft its principles on their own judicial system.
The gentleman says truly, that the bill will scarcely
touch that mass of misery which is exhibited by the debt-
ors in our towns and cities. I was in favor of giving them
relief in a mode which the gentleman so eloquently re-
commended last session. 1 stood by him in support of a
bankrupt law, though that law was in opposition to all
my former <'iews and prejudices. The gentleman also
underrates the importance of the bill, inasmuch as it does
not apply to existing contracts. I have no partiality
for that feature of the bill. In adopting it, 1 yielded to
the views of my friends who would not vote for a retro-
spective law. But, must we relinquish legislation, be-
cause we, of the present hour, cannot reap its fruits ?
Must we not legislate for posterity ?
Mr. J. pursued the subject still farther, and at consi-
derable length. In conclusion, he said, that the object
of the bill was to establish the principle, that crime alone
should render a freeman liable to loss of liberty ; and he
believed that the moral effect of the passage of this bill
would, in a short time, cause the abolition of civil impri-
sonment throughout the country.
Mr. KANE rose to explain some misapprehension, on
his part, of the character of the proposition of the Sena-
tor from South Carolina.
Mr. HAYNE spoke at some length, in reply to Mr.
JOHNSON, Mr. VAN BUREN, and Mr. KANE, and
concluded by withdrawing his motion for the recommit-
ment, &c. for the reason that it would interfere with the
bill now before the Senate, for extending the process of
United States' courts to the States admitted since the
year 1789.
On motion of Mr. BERRIEN, the bill was postponed
to, and made the special order of the day for, Monday
next, to which day
The Senate adjourned.
MOSDAT, January 7, 1828.
The Senate were principally occupied to-day in discus-
sing the propriety of printing a document from the War
Department, containing the names of those officers and
soldiers of the Revolution who were entitled to lands.
The subject was referred to the Committee on the Judi-
ciary, to report upon the expediency of the printing, and
the manner in which it should be done.
Adjourned to Wednesday.
WOTsi-siur, jA.fi'Anr 9, 2828.
This day was principally occupied in discussing the
propriety of printing certain memorials against an increas-
ed tariff of duties.
THCitsDAr, Jaxcam 10.
IMPRISONMENT FOR DEBT.
_ The bill to abolish imprisonment for debt came up in
its order and the question being put, '• Shall this bill be
engrossed for a third reading"' Mr. EATON asked for
the Yeas ana Nays, which call was sustained,
Mr. BAR TON said that he should only detain the Se-
te with a few remarks. This bill proposed to abolish
nate â–
imprisonment for debt. Such a proposition must alwsys
be popular, where it was known and where it was not
known It was confined to the United States' Courts-
but it did not meet with his approbation. He could not
believe tnat the system which was now proposed, would
thnf'lr<"0U aS °!'e at„Present in operation ; and he
thought many of the benefits anticipated founded in mere
speculation. He should, therefore, vote against it
Mr. SMITH, of S. C. was not'very sanguine in hi*
bill w«"t f T!y obficU" making any remarks on this
' wa-' t0 discharge his duty to himself and his consti-
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Twentieth Congress, book, 1828; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30740/m1/24/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.