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Sign up freeThe New Hampshire Gazette And Historical Chronicle
Portsmouth, Greenland, Rockingham County, New Hampshire
What is this article about?
A letter urges the printer to publish an argument for reforming the expired Act for the Ease and Relief of Prisoners for Debt. It advocates for equitable laws that protect debtors with multiple creditors by allowing discharge after surrendering assets, balancing justice for creditors with compassion for the unfortunate, and preventing indefinite imprisonment that burdens society.
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If you will give the following a Place in your next, it will oblige one of your constant Readers.
IN ASMUCH as the late Act, intitled an Act for the Ease and Relief of Prisoners for Debt, is expired, and as it is doubtless the Wisdom of all Legislative Bodies, to enact such Laws, in such Cases, as may best answer the valuable Ends of Society, consistent with Justice to the Creditor, and that Compassion and Humanity due to all unfortunate Debtors, 'tis probable something may be attempted at the next Sitting of the General Court, to make such an Act as shall be equitable between the one and the other.
That the late Act was insufficient to answer to the Title it bears is very obvious, as it is well known that where a Man has a Number of Creditors, if he strips himself to the last Shilling to pay them, and is drove to the Necessity of taking the Benefit thereof, at the Suit of one of them, a second may confine him to starve in Goal, notwithstanding any Relief afforded him by said Act.
Now is it possible to assign one Reason, why a Man, after he has resigned up all his Effects, even to his necessary Bedding (which I think is not allowed him by the late Act) should still be confin'd to be a Burden to the Community, merely to humour a merciless Creditor?
Was there ever such a Thing known among Merchants, that after a Debtor had resign'd up all his Effects, he should still be confin'd? No, all the cry among that Sort of Men (who are allowed to be the most useful Members of Society) is, give him Liberty, let him try again, and I believe nine Cases in ten give him a final Discharge.
Is it possible the Wisdom of the Legislative Power of this Province should suffer a merciless Creditor to keep a Man confin'd in Goal, who has been drove to the last Extremity, and stripp'd himself of every Thing he has in the World, unless he still support him from the Time of his Commitment? Is there not all the Reason in the World, that a Man that has a Number of Creditors should reap the same Benefit by Law, as he that has but one, which cannot be the Case, unless his Person after he has once sworn, is exempted for a Term of Time, and no Inconveniency I think can arise, to the Public therefrom, as his Estate, (should he acquire any,) is always liable, and certainly there is a Possibility of his retrieving his Affairs, and paying his Debts.
If the Liberty of Mens Persons, and their Lives are worth Notice, it is hop'd some able Pen and humane Heart will expatiate on the Subject till it is fully and clearly understood, so that the same Relief at least, may be afforded to him that has a Number of Creditors, as him that has but one.
Quere, Is it not really the most eligible of the two, to dig in Simsbury Mines (a Place assign'd only for Felons) than to starve in Goal?
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Letter to Editor Details
Author
One Of Your Constant Readers
Recipient
The Printer
Main Argument
the expired act for relief of prisoners for debt is insufficient for debtors with multiple creditors, who can still be imprisoned indefinitely after surrendering all assets; the legislature should enact a more equitable law providing discharge and liberty to allow debtors to retrieve their affairs and pay debts, balancing justice and compassion.
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