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Idler 038 [No. 38: Cruelty shown to debtors in prison]
by
The monastick institutions have been often blamed, as tending to retard the increase of mankind. And, perhaps, retirement ought rarely to be permitted, except to those whose employment is consistent with abstraction, and who, though solitary, will not be idle; to those whom infirmity makes useless to the commonwealth, or to those who have paid their due proportion to society, and who, having lived for others, may be honourably dismissed to live for themselves. But whatever be the evil or the folly of these retreats, those have no right to censure them whose prisons contain greater numbers than the monasteries of other countries. It is, surely, less foolish and less criminal to permit inaction than compel it; to comply with doubtful opinions of happiness, than condemn to certain and apparent misery; to indulge the extravagancies of erroneous piety, than to multiply and enforce temptations to wickedness.
The misery of gaols is not half their evil: they are filled with every corruption which poverty and wickedness can generate between them; with all the shameless and profligate enormities that can be produced by the impudence of ignominy, the rage of want, and the malignity of despair. In a prison the awe of the publick eye is lost, and the power of the law is spent; there are few fears, there are no blushes. The lewd inflame the lewd, the audacious harden the audacious. Every one fortifies himself as he can against his own sensibility, endeavours to practise on others the arts which are practised on himself; and gains the kindness of his associates by similitude of manners.
Thus some sink amidst their misery, and others survive only to propagate villany. It may be hoped, that our lawgivers will at length take away from us this power of starving and depraving one another; but, if there be any reason why this inveterate evil should not be removed in our age, which true policy has enlightened beyond any former time, let those, whose writings form the opinions and the practices of their contemporaries, endeavour to transfer the reproach of such imprisonment from the debtor to the creditor, till universal infamy shall pursue the wretch whose wantonness of power, or revenge of disappointment, condemns another to torture and to ruin; till he shall be hunted through the world as an enemy to man, and find in riches no shelter from contempt.
Surely, he whose debtor has perished in prison, although he may acquit himself of deliberate murder, must at least have his mind clouded with discontent, when he considers how much another has suffered from him; when he thinks on the wife bewailing her husband, or the children begging the bread which their father would have earned. If there are any made so obdurate by avarice or cruelty, as to revolve these consequences without dread or pity, I must leave them to be awakened by some other power, for I write only to human beings[2].
[1] This number was, at that time, confidently published; but the author has since found reason to question the calculation.
[2] A series of Essays, entitled the Farrago, was published in 1792, for the benefit of the society for the discharge and relief of persons imprisoned for small debts. See Dr. Drake’s Essays on the Rambler, etc. vol. ii. p. 427. The Congress of the United States passed a law in 1824, abolishing arrest and imprisonment for debt. The measure has yet to stand the test of practice and experience. See Idler 22. and note.