the interpretations of judges have been fre- Walliae (then aliens to the crown of England), quently erroneous, and the recent instance of cap. 3, it is ordained, that • duodeni legales Nir. Fox's Libel Bill, points out a particular homines, quorum sex Walli et sex Angli case, in which the legislature were obliged to 'erunt, Anglis et Wallis jus dicunto. But interfere for the purpose of altering and cor- where both parties are aliens, no partiality is recting a practice introduced extrajuridically. to be presumed to one more than another;

And although when I was brought up on and therefore it was resolved, soon after the the sudden to plead to an information, after statute 8 Hen. 6, that where the issue is joined twenty-two days close confinement in the between two aliens (unless the plea. be had strong room of the Fleet prison, I was told before the mayor of the staple, and thereby by the judge, that my opinion on the subject subject to the restrictions of statute 27 Edw. of admitting me to bail, which bail I then 3, st. 2, c. 8), the jury shall all be denizens. offered, and had then present in court, would And it now might be a question how far the weigh as a feather in his mind. Yet I have statute 3 Geo. 2, c. 25 (before referred to), now the pleasure to find that on a particular hath, in civil causes, undesignedly abridged examination a jury, and not the judge of the this privilege of foreigners, by the positive court, wili ultimately determine on the case directions therein given concerning the manbefore them; and then will be seen whether ner of impanelling jurors, and the persons to his opinion or mine, on the nature, princi- be returned in such panel. So that (unless ples, and construction of the law, be most this statute is to be construed by the same compatible with the declarations of the law equity, which the statute 8 Hen. 6, c. 29, deo itself.

clared to be the rule of interpreting the staAnd here I have to express a desire, that tute 2 Hen. 5, st. 2, c. 3, concerning the my words may be taken in their most favour- landed qualification of jurors in suits to which able sense, and not tortured into a contempt aliens were parties) a court might perhaps of the Court; for I once for all declare, that hesitate, whether it has now a power to direct nothing is more foreign from my intentions, a panel to be returned de medietate linguae, although my language may seem to bear with and thereby alter the method prescribed for some asperity, not only on those who have striking a special jury, or balloting for comadministered the law, but on practices which mon juries." have been long considered and acted upon, Lord Kenyon here informed Mr. Lloyd, that as if they had formed part of the legal code of the time was passed in which he might have this nation.

made that claim: and Mr. Lloyd proceeded. In order to abate any surprise which this He said he had suspected as much; he should declaration, or my subsequent arguments may therefore quit the subject with just adding, occasion, I consider it requisite to state briefly, that unused to the practice of courts of justice, That I am a citizen of the United States of he was taken unaware by the rapidity of the America; and here permit me to digress a officer who swore in and impannelled the moment, in order to mention a step which I jury, which was begun and nearly ended behad intended to have taken on my trial, but fore he was well in his place. which I apprehend I am now precluded from : But to return. I had stated, said he, that when I was brought by a Habeas Corpus to I am a citizen of the United States, and was the Crown-office on the 3rd instant, to be pre-called, last winter, on a family occasion to Lonsent at nominating the special jury, I stated don from Philadelphia ;-some disappointto the treasury solicitor and attorney, my ob-ments and unexpected expenses, rendered me jection to a jury of this nature, and informed incapable of discharging, on the moment of them that being an alien, I would claim a demand, two debts I had contracted; on which jury de medietate linguae, in order to have a account being arrested, I removed myself for question decided by the Court, how far special my better accommodation to the Fleet prison juries could be granted in cases where an alien (after waiting fifteen or sixteen days, in last is a party; to show that this was a question September, for the arrival of a judge in town). undecided I shall read an extract from My conduct there, as well as in every other 3 black. p. 360, 361.

situation of life, has been such as not to fur“ The array by the ancient law may also nish an occasion for a blush in my countebe challenged, it an alien be party to the suit; nance; if at any time I have given pain to and, upon a rule obtained by his motion to those who kncw me, I may regret the effect, the Court for a jury de medietate linguue, such but I am certain I can justify the cause. In a one be not returned by the sheriil

, pursuant the information laid by the attorney-general, to the statute 28 Edward 3, c. 13, enforced I am stated to be a person greatly disaffected by 8 Hen. 6, c. 29, which enact, that where to a monarchical government, and to the coneither party is an alien born, the jury shall bc stitution of this country; with respect to the one balt denizens, and the other aliens (if so British constitution, I shall state a few ideas, many be forthcoming in the place), for the when I come to that part of my arguments more impartial trial. A privilege indulged to where I consider they will best apply; but as strangers in no other country in the world; for my want of attachment to monarchy, it but which is as ancient with us as the time of ought never to be imputed to me as a crime; king Ethelred, in whose statute de monticolis from my early youth I have been trained in

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republican principles, and my manhood has The first thing which I mean to submit to been employed in procuring their establish your consideration is, any inquiry into the ment in regions more extensive than any justice, constitutionality and legality of imEuropean kingdom; and the event has shown, prisonment for debt. If such imprisonment in contradiction to the opinion of even the should appear to you unwarranted by the law great Montesquieu, that it is not the natural of nature, the English constitution and the property of large empires to be swayed by a municipal laws, you will undoubtedly conclude despotic prince, for an American government, with me, that it is such an act of oppression, which is a republic on the principle of repre- as to authorize, nay to require, resistance on sentation, it was necessary to form calcula- the part of those who are so unjustitiably imtions on a scale commensurate to a large por- mured within the walls of prisons, more tion of the globe; yet you will find individual gloomy than were the ci-devant bastilles of happiness and national prosperity, better pro- the grand monarque. moted by such a system of government in Before I enter upon my argument on this that nation, than we are capable of discover- subject, I would wish to satisfy the Court, ing to have been the case in any other coun- that I am not alone in the opinions I entertry, from historic research or visual inspec- tain; as they may discover, upon attending tion. If the charge is simply disaffection to to the judgment of seven of queen Anne's the king, or in other words, a want of zeal for judges, delivered by chief justice Holt. his service, there appears nothing proved un- " If one be imprisoned upon unlawful auder the information to convict nie thereof. thority, it is a sufficient provocation to excuse

With respect to the crime, as it is termed even homicide, and all people, out of comby the attorney-general, in the understanding passion, ought to aid therein, much more so he took upon himself to give to the court of when it is done under colour of justice : and King's-bench, on the 21st ultimo, I have little when the liberty of the subject is invaded, it to say, and that little I shall wave for the is a provocation to all the subjects of England. present, with only this remark, that conscious A man ought to be concerned for Magna of never having written or pasted up, the Charta and the laws; and if any one against jeu d'esprit complained of, in anywise, or as law imprison a man, he is an offender against charged against me; and conscious that I Magna Charta.” never contemplated an escape from the Fleet I hope to make it appear, upon examinaprison, nor ever suggested such a measure for tion, that imprisonment for debt, is not only the benefit of the other prisoners, I have unjustifiable, but that it is a crime against the hitherto been at a loss to conceive what evi- natural, imprescriptable, and unalienable dence was intended to be adduced in support rights of man; and in Great Britain, a crime of such abominable falsehoods; under this also against what is called the great charter perplexity it may readily be supposed, that I of English liberty, as well as against many am not prepared with testimony to rebut other subsequent statutes, obtained in order what has been brought before you by the pro- the better to secure the liberties and privisecutor, nor do I believe, now I have heard leges of the inhabitants against the encroachit, that any will be necessary,

ments of monarchs, who pretended to govern But now, for argument sake, taking it for the nation by the right of conquest. granted, that I had intended to escape and In order to show that imprisonment for break down the walls of that prison, which debt is a crime against the unalienable rights are forty feet high, and mounted at top with of man, permit me to state, as an axiom selfiron railing chevaux de frize, and six feet evident, that “ the end of all associations is thick, with force and arms, and in pursuance the preservation of the natural and impreof this terribly wicked intention, I had stuck scriptable rights of man: and those rights up the seditious pasquinade alleged against are liberty, property, security, and resistance me, I think I can demonstrate that I was of oppression." Personal liberty, the dearest warranted to pursue such object to effect, blessing which the Creator has bestowed upon without its being imputed to me as a crime. mankind, made inherent in us by birth, when To accomplish this end, I solicit your parti- we were endued with the faculty of free will, cular attention to the arguments I am about consists in the power of removing one's perto urge; hoping, for your own honour and son to whatever place onc's inclination may justification, that you will weigh them with direct.” It is a right annexed to the person care and candour, and by your verdict deter- of man, and cannot be parled with, even by mine their cogency and conclusiveness. one's own consent, while man is considered a

free agent, endowed with discernment to know [Here one of the jurors interrupted Mr. good from evil, and with the power of choosLloyd with saying, that the jury was bound ing those measures which appear to him to by oath to determine. Mr. Lloyd replied, be the most desirable. that he had as leave appeal to the virtue and It is true, that every man when he enters honour of a man of integrity as to his oath. into society, gives up a part of his natural It was on this account that he had preferred liberty, in order to secure to himself the rethe phraseology which the gentleman re- mainder of those absolute rights which were marked upon.)

vested in him by the immutable laws of na

a

ture, and which could not be preserved in was attempted to be insinuated : they are not peace without that mutual assistance and in- | to be considered as public robbers or picktercouse, which is gained by the instilution pockets ! In short, a debt contracted without of friendly and social communities: but then fraud, attaches no greater crime to the debtor, it is equally true, that he parts with no more who unfortunately is rendered incapable of of his natural liberty than is sufficient to at- discharging it, than to the creditor is attain that epd. While this maxim is kept in tached a crime on account of his unguarded mind, the acts of the legislative, judicial and confidence. executive powers of government, will be ca- In support of this opinion, I refer to the pable of being compared with the end of the bankrupt laws of this nation; to what is political institution.

called the Lords' Act; to the frequent acts of A celebrated commentator on the laws of insolvency which have been passed by the England asserts upon this ground, and very legislature; to the charitable societies, instijustly, “ That personal liberty is a natural, tuted for the relief of insolvent debtors, and inherent right, which cannot be surrendered to popular opinion. or forfeited, unless by the commission of some The reason assigned for the provision made great and atrocious crime.” : This being in favour of a debtor by the bankrupt laws, another self-evident proposition, requires no is, that“ trade cannot be carried on without elucidation.— It follows then as a natural con- mutual credit on both sides : the contracting sequence, that unless the circumstance of of debts is therefore here, not only justifiable owing a sum of money, be a great and atro- but necessary.” Now let me ask, Can any cious crime, one's personal liberty cannot be of the affairs of men in this age be carried on surrendered or forfeited for it.

without mutual credit? Look around you, The law cannot authorize imprisonment on gentlemen; amidst the infinite variety of muany other account than that of criminality in tual and reciprocal dependencies, which you the party-nor ought personal liberty to be discover in every situation of life, select me abridged even in the case of crimes, without one case where the fair contraction of a debt the special and previous permission of the requires justification ?-No one is to be found, municipal law.-It is not, however, intended for mutual credit is by common consent deto contend, that an absolute exemption from clared to be necessary! and as every man of imprisonment in all cases of debt is proper,

us may be liable

the pressure of unforeseen for it is admitted that such an exemption may calamities, shall misfortunes be deemed crimes be inconsistent with political society, as it in those who are already borne down to the might destroy civil liberty, by rendering its earth, by their accumulated weight. protection incomplete. But it is contended, The principle of the Lords' Act, is precisely that personal liberty ought never to be abridg- the same as that on which the bankrupt laws ed for a debt contracted, unless the contract are founded; notwithstanding the absurdity was obtained by fraud or force, which being of the clause, which declares, that every man a crime against civil liberty, is of course pu- has a right, at the expense of 2s. 4d. per nishable by imprisonment.

week, to gratify a vicious propensity, by the In order to understand what is hear meant imprisonment of his debtor, thus enabling a by civil liberty, it may be proper to insert the spiteful, dishonest, or designing individual, definition of the term as it is given by the to defeat a law enacted on humane prinwriters on the law of nature and of nations. ciples. “ It is no other than natural liberty, so far By acts of insolvency, the legislature has restrained by human laws (and no farther) frequently declared its concurrence with the as is necessary and expedient for the general sense I have pointed out, to be the just one advantage of the public."

annexed to the Bankrupt and Lords' Acts, The question now becomes serious and iin (twenty-four acts of insolvency have passed portant.

since Charles 2nd's time, making on the Is the imprisonment of a debtor, who has average one for every four and a half years) become such in consequence of a debt con- these measures have been dictated by motracted without fraud or force? or, in other tives either of mercy or justice; mercy canwords, is the imprisonment of a person nei- not be extended by the legislature but to crither charged with nor convicted of a crime-minal cases; acts of mercy, are the public necessary and expedient for the general ad- pardon of public crimes, but debtors have vantage of the community?

never been accused of, tried for, or convicted In consequence of some severe strictures, of a crime. As acts of justice they have nok recently made by the attorney-general, before been considered by the parliament, because the court of King's-bench, at Westminster- it would be inconsistent in them; for then hall, at the last trial at bar, on the conduct they must allow, that all practices of impriof debtors, as well as in support of the ground soning debtors, were acts of high injustice I have taken, it will be proper to show, that and oppression, and ought in future to be prethey are not to be classed among the most vented by legislative interference, which that vicious and abandoned part of our specics, as body has not lately attempted to do; the

community are still to be oppressed, are still * See 3 Black. Comm, 133,

to be insulted with the occasional display of

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reason to curse the cause.To it is owing the not heard by the bench, or they would not national debt and taxes before-mentioned, suspect him of entertaining an inclination to which have in their natural consequences ill-treat the jury: he would repeat the words ; thrown such a weight of power into the exe- which he did.-When the judge told him to cutive scale of government, as cannot be proceed: he then went on, saying, From this thought was intended by your patriot an- view of the subject I trust you do not discover cestors, who gloriously struggled for the abo- the necessity of adding the additional wrong lition of the then formidable part of the pre- of imprisonment for debt, in order to give a rogative; but who, by an unaccountable want / greater facility to credit. of foresight, established this system in their But, gentlemen, an excessive facility of stead.

credit is a vicious facility : when considered Here Mr. Lloyd was stopped by the Judge; in its application to the private walks of life, who asked, how the arguments he was urging it does not benefit individuals cven in trade, were intended to apply to the case in hand? any more than as I have shown you public Mr. Lloyd answered, that he contended against credit has benefitted the nation; yet this the legality of imprisonment for debt; that vicious facility of credit, which we ought to the necessity of credit, public as well as pri- deprecate, is rather encouraged than restrained vate, was considered requisite for the ad- by the practice of imprisonment for debt. vantage of the community; that if he could It is a maxim among merchants and political show from experience, that credit was rather economists, that trade is best regulated, when injurious than beneficial to the nation, it left to regulate itself. It is in its nature like would not follow that imprisonment for debt the element of water, it perpetually seeks its ought to be allowed, in order to support a own level; tbe equilibrium which its natural scheme which did not render a benefit to the vibrations tend to preserve, is destroyed by public equal to its disadvantages-and if he the force of legislative regulations ;-the faccould satisfy the jury on the illegality, they titious aids given by law to facilitate credit, could not criminate him for an attempt to has ruined thousands, without benefiting escape.

scarcely a solitary deserving individual, beyond The Judge told him he might proceed.- the vortex of the courts of judicature. Here He then repeated the paragraph to that part is the great gulf into which millions of money where he was interrupted, saying, the jury are annually wbirled, to serve as prey to the ought to notice that he was not stopped until greedy and voracious monsters which infest he came to apply his remarks to the executive these deeps : like Sylla anti Charibdis, they power of the state.--He now continued his ruthless feast on the unfortunate voyager argument.

sailing on the ocean of life, who happens hy The entire collection and management of the storms of adversity to be driven within so vast a revenue, being placed in the hands the reach of their rapacious and all-devouring of the executive officer, the monarch! have jaws. given rise to such a multitude of new officers, The cupidity of avarice irresistibly propels created by and removable at his pleasure, that men on to seek its gratification by every they have extended his influence to every avenue which ingenuity can lay open to their corner of the nation.

access;

the avarice of commercial states is of To this astonishing necessity of credit, is an active quality; all the mischiefs which owing the increased prices of every necessary this vice creates are positive and direct misof lite, by which the day-labourer is deprived chiefs; it is an incurable disease of the mind ! of two out of his three daily meals of flesh consisting in a disposition to engross the provision, or is obliged to substitute broth for goods of life, to the exclusion of our neighbeef, and potatoes for wheaten bread. To it bour; it is an industry at once morbid and is owing the increase of a paper medium, and excessive; nor is the respected name of inthe decrease of specie!—To it is owing the dustry a sufficient veil to disgnise it from circumstance of charging the active and in- popular odium. Permit me briedy to expose dustrious man, who pays his share of the its hideous portrait.—You have the opportutaxes, to maintain the idle and indolent cre- | nity of viewing it in the person of yon trader, ditor, who receives them !—To it is owing, who with one hand practises all the arts of the numerous swarm of custom-house officers, monopoly, to prevent the circulation of the excisemen, distributors of stamps, receivers, blessings of real, substantial, and productive managers, commissioners, secretaries, clerks, industry; while with the other he spreads far and various inspectors of taxes.—Should I be- and wide the goods he has engrossed, and come more particular still, the tedious tale with a view of inordinate gain he holds out might disgust you.

to the adventurer, in an inferior order of Here one of the jurors said, It very well trade, all the temptations of extraordinary might. To which Mr. Lloyd replied, He did credit and confidence. The needy adventurer, not doubt it.

in his turn, with a blind and fatal activity, The judge told him, he must not ill-treat parts with his goods for the mere name of the gentlemen who were to decide upon his every moneyless prodigal; and the prodigal, case. -Mr. Lloyd answered the judge, that he allured by the same facility of credit

, is enapprehended bis observation to the jury was couraged to take a share in the common