date

4 Aug 1812 Evidence Introd
4 Aug 1812

Evidence Introd

Introd

Ch. 26. Imprisonment for debt

'12. Agenda.

1. Satisfaction to the creditor - in this may be seen that which ought to be the first object in case of debt.

Satisfaction at whose expence? at the expence of the debtor himself, and not of any other person, those excepted such as his wife and family /children/ whose subsistence is dependent upon his.

2. Next to satisfaction, comes punishment: - in the event of insolvency, i.e. deficiency in respect of the quantum of civil satisfaction - but in what case? in a case where on the part of the insolvent debtor there have been no [...?]? To a question of this sort so far from finding it possible to say /answer/ yes, common sense can not for shame to answer simply and without apology in the negative.

And note that on this /as on other/ occasions every infliction - every afflictive application suffering - producing in respect of whatsoever evil is produced by it voluntarily made which might be avoided and[?] is not avoided may be and ought to be placed to the account of punishment.
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  • Title: [1 Aug. 1812 Evidence Introd]
    Description: 1 Aug. 1812

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    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.
  • Title: [2 Aug 1812 Evidence Introd]
    Description: 2 Aug 1812

    Evidence Introd

    Introd

    Ch.26. Imprisonment for Debt

    '.9. Scotch Law - inadequate

    '10. Scotch Law - Cessio bonorum - its inadequacy.

    Under Scottish law, after suffering a month's imprisonment, every insolvent, on giving up his property for the benefit of his creditors, is let out.

    This is an arrangement beyond comparison less bad than that of the english law, whether that part of it be considered which concerns insolvency at large, or that part which concerns bankruptcy, and in the way of experiment made, and procedure set, it and [...?]. Taken[?] away, that many great is the use of it, great at least /any rate/ the use that might be made of it.

    But the necessary month! There lies the absurdity, there the mischief, there the indication of the sinister interest in which both the absurdity and the mischief took their rise. A month in a prison jail? and to what end /purpose/? not to the purpose of compelling the [...?], for that purpose is provided for provision is made by the imprisonment of indefinite length which till the object be accomplished would without it take place of course. Not any rate the purpose of punishment; for like the perpetual imprisonment under English law, this [...?] imprisonment under English law, falls like the dew of /rain from/ heaven and occasionally lightening upon just and unjust, and among the unjust upon the more and less unjust, alike.

    Neither to the creditor nor to the debtor any possible use being to be found for it, remain the [...?] of the law, for whose use interest and whose alone it evidently /manifestly/ was that caused it to be established. For upon letting in /putting a man in/ for upon letting him out, profits to this end that man during his stay there profits more of which would have been to be reaped, had the [...?] man without being sent to prison, been admitted to deliver up his all to and in the prisons of his /the/ Judge.
  • Title: [1 Aug. 1812 Evidence Introd]
    Description: 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.