[Winter, l. 359-388.]
"The wretched condition of confined debtors, and the extortions and oppressions to which they were subjected by gaolers, thus came to be known to persons in high stations, and this excited the compassion of several gentlemen to think of some method of relieving the poor from that distress in which they were often involved without any fault of their own, but by some conduct which deserved pity rather than punishment."
VI.
RELEASE TO INSOLVENT DEBTORS, FROM PRISON.
In a very excellent publication entitled "Reasons for establishing the Colony of GEORGIA, with regard to the trade of Great Britain, the increase of our people, and the employment and support it will afford to great numbers of our own poor, as well as foreign Protestants," by BENJAMIN MARTIN, Esq. Lond. 1733; are some remarks in reference to the release of insolvent debtors from gaol, which I deem it proper to extract and annex here; and the rather, because the work is exceedingly rare.
After describing the deplorable condition of those who are in reduced circumstances, and need assistance and would be glad of employment, the writer refers to the situation of those who are thrown into prison for debt, and judges that the number may be estimated at four thousand every year; and that above one third part of the debts is never recovered hereby; and then adds, "If half of these, or only five hundred of them, were to be sent to Georgia every year to be incorporated with those foreign Protestants who are expelled their own country for religion, what great improvements might not be expected in our trade, when those, as well as the foreigners, would be so many new subjects gained by England? For, while they are in prison, they are absolutely lost,—the public loses their labor, and their knowledge. If they take the benefit of the Act of Parliament that allows them liberty on the delivery of their all to their creditors, they come destitute into the world again. As they have no money and little credit, they find it almost impossible to, get into business, especially when our trades are overstocked. They, therefore, by contracting new debts, must return again into prison, or, how honest soever their dispositions may be, by idleness and necessity will be forced into bad courses, such as begging, cheating, or robbing. These, then, likewise, are useless to the state; not only so, but dangerous. But these (it will be said) may be serviceable by their labor in the country. To force them to it, I am afraid, is impracticable; to suppose they will voluntarily do it, I am sure is unlikely. The Colony of Georgia will be a proper asylum for these. This will make the act of parliament of more effect. Here they will have the best motive for industry; a possession of their own, and no possibility of subsisting without it.
"I have heard it said that our prisons are the properest places for those that are thrown into them, by keeping them from being hurtful to others. Surely this way of thinking is something too severe. Are these people, with their liberty to lose our compassion? Are they to be shut up from our eyes, and excluded also from our hearts? Many of very honest dispositions fall into decay, nay, perhaps, because they are so, because they cannot allow themselves that latitude which others take to be successful. The ways that lead to a man's ruin are various. Some are undone by overtrading, others by want of trade; many by being responsible for others. Do all these deserve such hardship? If a man sees a friend, a brother, a father going to a prison, where felons are to be his society, want and sickness his sure attendants, and death, in all likelihood his only, but quick relief; if he stretches out his hand to save him from immediate slavery and ruin, he runs the risk of his own liberty, and at last loses it; is there any one who will say, this man is not an object of compassion? Not so, but of esteem, and worth preserving for his virtue. But supposing that idleness and intemperance are the usual cause of his ruin. Are these crimes adequate to such a punishment as confinement for life? But even yet granting that these unhappy people deserve no indulgence, it is certainly imprudent in any state to lose the benefit of the labor of so many thousands.
"But the public loss, by throwing men into prison, is not confined to them only. They have many of them wives and children. These are, also, involved in their ruin. Being destitute of a support, they must perish, or else become a burden on their parishes by an inability to work, or a nuisance by their thefts. These, too, are useless to society.
"In short, all those who can work yet are supported in idleness by any mistaken charity, or are subsisted by their parishes, which are at this time, through all England overburdened by indolent and lazy poor, who claim and are designed only for impotent poor;—all those who add nothing by their labor to the welfare of the state, are useless, burdensome, or dangerous to it. What is to be done with these necessitous? Nobody, I suppose, thinks that they should continue useless. It will be then an act of charity to these, and of merit to the public, for any one to propose, forward, and perfect a better expedient for making them useful. If he cannot, it is surely just to acquiesce, till a better be found, in the present design of settling them in Georgia." p. 16-21.