date

2 Aug 1812 Evidence Introd
2 Aug 1812

Evidence Introd

Note?

Introd

Ch. 26 Imprisonment for debt

'1. Errors of Abolitionists

Little said by them of the law [...?] is [...?] either, [...?] no [...?] [...?] at [...?] of its profit in the case.

'.9. Advocates for the abolition of imprisonment for debt their errors

So compleatly is the idea of right confounded with the idea of a Judge's will in the mind of an English lawyer - so compleatly is the difference between right and wrong understood by him to be dependent upon that will, that when a [...?] [...?] established happens by what so ever cause to have been brought under his displeasure, as when can he form to itself of other menas [mode] of combating it than by insisting /saying/ that it is illegal, i.e. - that /in other words/ it is not established.

Humanity is a [...?] which in England for some generations at least for several past has in no class of men been altogether wanting - not even among lawyers.

Among lawyers accordingly and in more instances than as have been found there, who under the impulse of this motive, have raised /lifted/ up their voices against this abuse. They have argued against it: they have complained of it: they have filled volumes with their complaints. They have argued against it - but how. By showing the mischievousness the impolicy of it? Some /more or less/ [...?] to this effect: but so long as the legality of it remained unquestioned, they felt, that they could not but feel how [...?] would be all arguments drawn from such continued and neglected sources. Yes it was illegal. Imprisonment for debt illegal? then what else is there that is legal? If in this case practice of Justin. Practice carried /persisted/ in century after century does not make law, or what other instance does it make law. If by its mischievousness the [...?] of English Judges is rendered illegal, in what quarter of the whole field of law will any legal practice be to be found?

Illegal? no: the great grievance is - not that it is illegal, but that it is legal: not that at the hands of the [...?] of the [...?] remedy may be hoped for but that it is hopeless.
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  • Title: [2 Aug 1812 Evidence Introd]
    Description: 2 Aug 1812

    Evidence Introd

    Introd

    Ch. 26 Imprisonment for debt

    ' Errors of Abolitionists

    Of such universal indistinctness of vision or rather of such blindness - the result of brow beating /awe-striking/ effrontery on their part /on the part of lawyers/, and awe struck ignorance and timidity on the other on the part of the [...?] [...?] among the non-lawyers the result has been that inconsistency which pervades the whole mass of the wretched piece of legislative patchwork which has bankruptcy for its subject.

    The inconsistency though with so little point has found even lawyers more than [...?] to notice it.

    By [...?] /[...?]/ every bankrupt is considered as a criminal: and out comes a law to squeeze /grind/ and punish him. By a

    By [...?] [...?] every bankrupt is considered as the blameless child of misfortune: and out comes the law for his relief: In the eyes of Severin the interest of the Creditor is every thing: he is at all times as deserving /[...?]/ as he is injured what the wicked Debtor may suffer is not worth a thought. In the eyes of [...?] [...?] every creditor is on [...?] [...?] is the material of which his heart is made if it breaks where is the damage?
  • Title: [2 Aug. 1812 Evidence Introd]
    Description: 2 Aug. 1812

    Evidence Introd

    Introd

    Ch. 26. Imprisonment for debt

    ' Errors of Abolitionists

    cause [...?] interest

    In the pictures drawn /All along and on both sides/ of vice and misery there has all along been on both sides but too much truth. In the [...?] formed for the purpose /under the notion/ of accounting for these disastrous phenomena, the same error has prevailed /been taken up/ on both sides. In shutting their eyes against the only cause o this disasterous phenomena - in the successful exertion made /with which they have exerted//which has attended the exertions made/ on both sides to avoid suing the sole authors, the sole creators the sole preservers of all their vice and all their misery both sides have constantly been agreed.

    If misery has been produced it is because on this ground production of it is the sole object to which the exercise made of power has been directed. If vice has been produced, it is because while the matter of punishment has not been employed in the prevention of it, the matter of reward has by the hand or under the eye of power been employed or suffered to be employed in the production of it.

    If the Debtor /[...?]/ person whom whom, he knowing nothing, as human power can /could/ extract any thing has been consigned to useless, suffering, it is because the Judge got money by consigning him to it:

    If the blameless debtor in whose instance all punishment is /would have been/ undue is consigned to a course of suffering more severe because more protracted than any which the worst of criminals would have /is/ consigned to under the name of punishment, it is because it would [...?] /require/ to learn whether he were blameless or blameable and that trouble the Judges were /have/ one and all /been/ resolved not to take.
  • Title: [2 Aug 1812 Evidence Introd]
    Description: 2 Aug 1812

    Evidence Introd

    Note?

    Introd.

    Ch. 26. Imprisonment for debt

    ' Errors of Abolitionists

     Abridge [...?] [...?] this

    Of the falshood /Against the lie/, little or nothing. Written by lawyers these well meant and indeed really useful treatises are written of lawyers, and addressed though not to lawyers only,m yet principally, as being those on whom every thing [...?] of this sort will /is seen/ immediately[?] of real exclusivity is seen to depend, to lawyers. Talk to lawyers and in speaking of falshood, as practiced among lawyers speak of it as if there any thing wrong in it - as well condemn the slaughtering of cattle, in speaking to butchers talk to a butcher and speak to him against slaughtering of cattle /tell him it is a wrong thing to slaughter/.

    Of the final cases to which the practice and its existence, as little: of the misery put by this oppression and this [...?] into the pockets of the inventors of the case gained to them labour saved to them, by refusing to hear a man make known his [...?], which suffering was thus inflicted on him severer because longer /of greater a duration//in so far as what is longer is severer/ than what is ever inflicted under the name of punishment.