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1 Aug. 1812
Evidence Introd
Introd
Ch.26. Impris.[?]
' Bad for compulsion
From p.4
2. To the accomplishment of the proposed object, viz. discharge of the debt, supposing a debt [...?] is this infliction necessary? Another point this concerning /in relation to/ which the Judge refuses to inform himself.
Altogether unnecessary it is as often as the solvency of the alledged debtor is out of doubt.
Back to p.4.
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Title: [4 Aug. 1812 Evidence Introd]Description: 4 Aug. 1812 Evidence Introd Introd Ch. 26. Imprisonment for debt In the case of a claim of debt first point on each occasion to be settled /ascertained/ is - what on the part of the alledged debtor is the real cause of the resistance made by him to the demand, and thence of the suit. is it a difference /any real difference of/ opinion on /as to/ the question of right [...?] has it any share in the production of that resistance? by no other cause than a [...?] or is it an unwillingness to part with the money, or a present inability to provide it? Solvency on the part of the defendant debtor, is it out of doubt? In ascertaining this point, a few [...?] a question or two would suffice - in point of term therefore a few [...?] if put by the parties to each other in the presence of the Judge If yes, then every vexation in the shape of confinement - whether in prison or in springing[?] house, or in the custody real or fictitious of [...?] under the name of Civil, is here [...?] [...?]. Solvency[?] debtors, require [...?] rebut Co-Creditors.
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Title: [1 Aug 1812 Evidence Introd]Description: 1 Aug 1812 Evidence Introd Introd Ch.26. Impris. for Debt '.5. End - Lawyers profit To argue in short by truth to the Judges. People of England! When will you open your eyes? how long will you be the dupes of sophistry hypocrisy and masquerade? To the [...?] of sinister interest a high place at its point [...?] of ascendancy, yes, imprisonment for debt is necessary: to justice as necessary as human happiness as longer slavery is to manly words [...?] and punishable for [...?]. In respect of solvency, in respect of innocence or delinquency the situation of the [...?] [...?] and debtor is susceptible of the following modifications. Hang across a rope at the ends of a string, two cats fear and worry one another to the very death. Each poor animal beholds in his fellow sufferer the author of his /its/ misery. And is he so indeed! /it then the true author/: No but the ill-taught victim to whom his agency of these his [...?] his source of savage pleasure.
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Title: [1 Aug. 1812 Evidence Introd]Description: 1 Aug. 1812 Evidence Introd Introd Ch. 26 Imp[?] ' Bad for compulsion 3. Upon the face of it to the purpose in question, the infliction in question does it carry any sufficient promise of being effectual? Not it indeed. At the charge of the Debtor himself effectual it can not be, in so far as property to the amount in question property fails of being in his /at his/ possession is at his command. At the charge of any other person, in the character of friend, prompted by sympathy to release /relieve/the Debtor from this infliction, that it should be effectual, is not for the common good of all persons concerned is not as hath[?] being shewn already a desirable result desirable. At the charge of the Debtor himself, where these necessary means are actually at his command, its efficiency, managed as it is is in a high degree imperfect in comparison of what is most obviously might and ought to be. To the many a bill, to the comparatively few a prison is though not /not indeed/ a paradise but however a place of comfort: of comfort obtained at the expence of the injured creditor, by /from/ the interested connivance of the Judge. Solitary confinement - to the purpose to which it /this severe infliction/ is least well adapted, for the purpose of punishment as in a most inordinate degree been with the most unthinking levels but too often applied. Solitary confinement continued for two years together, and the victim not yet [..?] broken nor reduced to a state of melancholy madness.
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