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.