Law -- England; Poor -- England; Poor laws -- England; Working class -- England
It is to Lord Cottenham, as I have said, that we owe the statute which,
to use Mr. Atlay's phrase, "abolished the bane of Mr. Micawber's
existence, imprisonment for debt on mesne process." Nor must it be thought
that it was done without a struggle. Lord Lyndhurst said, and no doubt
truly, that, judging from the petitions, he should be within the truth in
saying that the Bill was very unpopular. The petitions were at least ten
to one against the Bill. There was no more enthusiasm about mitigating
imprisonment for debt then than there is to-day. The history of these
things is always the same; the traders objected to the abolition of
imprisonment for debt, the newspaper proprietors strenuously opposed the
reduction of the Stamp Acts, the doctors fought against national
insurance. Yet, when the horrible thing is done, we find them smugly
prospering on the reform.
Lord Brougham, who from the very first had always held instinctively the
true faith in these matters, pointed out to a reluctant House how credit
was imprudently given to the real injury of the customer who is induced to
buy what he cannot pay for, and to the injury of those who do pay what
they do owe, but who pay the dearer in proportion to the bad debts which
the tradesman is led to let others contract with him. Further, he
emphasised the wrong done by clothing an insolvent person with an
appearance of credit by lending him more goods which serve as a bait or
decoy to others that have not yet trusted him. He laid down the principle
that debt should never be treated as a crime and still less as a crime to
be punished at the sole will and pleasure of the creditor, and eloquently
called upon the peers to wipe out this foul stain from our civil code.
Public-domain text, read in full here on John Shaqi.
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