Law -- England; Poor -- England; Poor laws -- England; Working class -- England
The Attorney-General who introduced the Debtors Act, 1869, may surely be
credited with understanding what it was intended to do. He knew well
enough that his Bill was going to abolish imprisonment for debt for the
rich and retain it for the poor. He pointed out that he was making
bankruptcy cheaper and more stringent. It would be obviously absurd, he
said, to make a day labourer a bankrupt, and that brought him to the very
difficult question of County Court jurisdiction. At that time the County
Court had a jurisdiction to punish for fraud as an incident of debt and
also to imprison for debt. He proposed to take away the jurisdiction to
imprison for fraud and to leave fraudulent debtors, both rich and poor, to
the Criminal Courts. "But then," he continued, "came the other question of
County Court imprisonment where a man was able to pay his debt, but would
not do so. He did not regard that imprisonment as a mere punishment for a
past offence _but it was a process of imprisonment for the purpose of
compelling the payment of a debt_, and it was a process very analogous to
the principle of the Bankruptcy Law." He came to the conclusion, after
further argument, "that this power of imprisonment in the one case he had
mentioned must be retained."
When an Attorney-General in 1869 brings in a Bill to abolish imprisonment
for debt and deliberately tells us that he retains one class of
imprisonment for debt, it is inconceivable why people to-day should strive
to make out that the system we are working is not imprisonment for debt,
but something else. Unless it be that the advocates of imprisonment for
debt know in their heads that it is an evil, out-of-date system, and they
have an instinct that it smells more sweetly under some other name.
From 1869 to the present there has been no further reform. Many hope that
there never will be any, but for my part I have no doubt it will come
along, not in my time, perhaps, but whenever the right moment may be. From
1869 until to-day over three hundred thousand English citizens have been
actually imprisoned who have not been guilty of any crime whatsoever. They
have been imprisoned mainly for poverty or, if you will, for
improvidence--that blessed word that so insidiously describes in the poor
that failure in economic asceticism, that lack of cold self-denial of
luxury and extravagance, that absence of patient thrift and simplicity of
life--characteristic features which are never wanting in the beautiful
lives of those social classes above them that the poor must learn to look
up to and to imitate.
CHAPTER IV
HOW THE MACHINE WORKS
Roll on, thou ball, roll on!
Through seas of inky air
Roll on!
It's true I've got no shirts to wear,
It's true my butcher's bill is due;
It's true my prospects all look blue--
But don't let that unsettle you!
Never _you_ mind!
Roll on!
W. S. GILBERT: "To the Terrestrial Globe."
Public-domain text, read in full here on John Shaqi.
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