NORTHERN SEPARATION AND REFORM LEAGUE.

Daily Southern Cross, Volume XXIII, Issue 3132, 31 July 1867, Page 4

NORTHERN SEPARATION AND REFORM LEAGUE.

A heeting of the above body was held on Monday, , at 3 o'clock p.m., in Cochranes Buildings, Fortstreet. '' ' Present : Mr. ,C. F, Mitchell, President, in the chair ; R. Matthews, hon. secretary ; Messrs. 0. S. Wilkes, MtfPherson, S. Alexander, S<. Plaice, G. Staines, W. Griffin, and Watkinson ; Dr. Lee, and Dr. Merrett. The minutes of the last meeting were read and confirmed. The President remarked that haying given notice to move a resolution he ought to be permitted to vacate the chair, which was agreed to. Mr. MoPherson, on the motion of Dr. Lbs, seconded byj Mr. Matthkws, then $opk the .vacated chair. Mr. 0. F. Mitchell, in rising to move the resolution standing in his Dame— "That this ' Council do petition the General Assembly for the entire repeal of the law relating to imprisonment for debt"— said he need not enter upon a history of ,those , early , times when the law benevolently, provided, that a creditor might cut up his debtor into pieces, or'sell him and his family into slavery. It was enough to refer to the state we were now in in Auckland. For nearly two years we had had such a continuance of commercial depression that the beat houses in the \ place had tumbled down, and more were about to follow. Our banking institutions were in some cases trading to the extent of six! times' their capital, atod property had sunk to about one-third of its value in 1865. Men who bad bought property, and had paid more than one-half the price down in 1864-5, would now gladly be relieved of their bargains — losing all they had paid. Ihen he would ask —Were these men to be imprisoned because they could not pay the remainder of the money and the interest accrued due thereupon ? He said not. Men were being put into priaon for the non-payment of rates they could not pay. They were imprisoned for debts they could not pay. Where was this to end? Those who made greab ' ' smashes" wer<s enabled to keep clear, but poor men suffered. The highest law authorities had many years since declared strongly against imprisonment for debt, and it was most desirable that there should be an end to. a system that pressed with terrible force upon the pojor and friendless man, whilst the great debtor went scot-free. He hoped the council would accede to the reiolution. Mr. C. S. Wilkes seconded the motion, and remarked that he agreed in the sentiments which had fallen from Mr. Mitchell. He toptged:d&B time was not far distant when imprisonment for debt would be wiped from off the statute-book, r Jtr^aa a system of tyranny. When he left England hehdttl not expect to meet with a system here which had been abolished in the United States, Melbourne, and New South Wales, and he hoped' it would be abolished all over the world. Mr. Matthews said : In reference to this motion of Mr. Mitchells, I trust 1 may be permitted to state that I fully approve of the principle contained in it, viz., that imprisonment for debt ought to be abolished, it being a relic of barbarous times, kept in existence for the purpose of putting the screw on unfortunate debtors, and being at the same time a vehicle for the gratification of spiteful and malicious feelings. The feeling against imprisonment for debt has of late grown so strong, that with the advancing tide of civilisation it has in some countries been abolished together. In the United States it does not exist. France has repudiated it. In the colony of Victoria, I believe it is not in force ; if so, only in a modified form. The late Lord Chancellor of England, Lord Westbury, formerly Sir E. Bethell, contemplated, whilst in office, doing away with it, and for that purpose was preparing a bill to lay before the House of Lords, when his design was frustrated by his having to quit office suddenly. Since then the subject has not been mooted in the Imperial Legislature. Lord Brougham many years ago exposed the iniquity of incarcerating a man for debt. His argument was, that the trader or merchant who gave credit did it in accordance with the usage of trade ; perhaps, he forced, his wares on his debtor ; it was a speculation on his parb ; he oould nob be sure of getting in his money in every instance, and in consequence put an exbra per-oentage— calculating his average loss by giving credit— on his goods generally ; and why Bhould he, on his speculation failing — that is, ou the non-pay-meat of the money dve — turn round and seize his debtor's body, and treat him like a criminal? And so his Lordship oontinues. But it is notorious that the clever, quick-witted, unscrupulous debtor generally escapes — he who has manoeuvred himself into debt to the extent of thousands upon thousands ; whilst the penalty of imprisonment falls upon the honest, unfortunate, comparatively trifling indebted debtor, who has not the cunniog, experience, or, what is the same, necessary knowledge of the world to keep himself, when the crisis arrives, clear of, or at a safe distance from, the clutches of the bailiff. Is this fair ? Can imprisonment for debt be, under these circumstances, either a remedial or punitive measure ? Punitive it may be, in one sense ; but, if that word implies punishment for wrong committed, it cannot apply to imprisonment for debt as practically worked out. But, though these are my sentiments, I think it would, be inconvenient and out of place for the League to petition the Houses of Assembly as indicated in Mr. Mitchells motion. Such a step would give us a great deal of trouble, without the probability of gaining a commensurate advantage. Ido not think our Legislature as at present constituted, at least taking our own Auckland members as a sample, would entertain the subject. It is against their interest to do so. They could no longer wield the scourge, or hold in terrorem over the shrinking form of an unfortunate debtor the " screw," ready to apply it to the last extremity. Othello's occupation would be gone. No ! we must wait patiently till the inherent justice of the principle asserts itself too forcibly to be shelved by any designing or prejudiced men or set of men ; till self-interest retires from the gaze of truth and rectitude ; and till the proper and equitable relations that should exist in and form the bonds of civilised society are acknowledged and acted upon. When this haa been accomplished, then perhaps the last pound of flesh will no longer be extorted, nor the Legislature refuse any loDger to legalise the inhuman compact. The motion was then put and carried. Moved by, Mr. Mitchell, " That a oqmraittee be appointed to draw up the said petition, in terms of the foregoing resolution. The said committee to consist; of Dr. Merrett, the Secretary, Mr. Wilkes, and the mover." Seconded by Mr. Watkinson", and carried. Dr. Merrett moved, " That tlie po jrars granted to the people and the Provincial Government of this province are sufficient for the maintenance of peace, order, and good government within this province and that any interference with or restriction of such powers will be resisted by the people of the province of Auckland, as an infraction of their constitutional rights, as laid down in clause 18 of the Constitution Act of the colony .of New Zealand. Clause in question : 'It shall be lawful for the Superintendent of each, province, with the advice and consent of the Provincial Council thereof, to make and ordain all such law* and ordinances, except and subject as hereinafter mentioned, as may be required, for the peace, order, and good government of such province, provided that the same be not repugnant to the law of England.' " Hr. Lee seconded the motion, which was put and carried. After a vote of thanks was tendered to the Chairman, The Council adjourned to that day week, at the usual time and place. — [Communicated.]