Debtors' Prison / by kevin murray

As of 2011, according to the dailypaul.com, in the United States we have over two million prisoners, which equates to on a per capita basis of 715 prisoners per 100,000 people.  This is the highest per capita rate and also the highest incarceration numbers in the world!

Debtors' prison was a theme used in more than a few Dickens' novels, but never so prominently as in Dickens' Little Dorrit in which William Dorrit languishes in Debtors' Prison for 23 long years. Why was the theme of Debtor's Prison so important to Charles Dickens?  In all likelihood, because his father, John Dickens was himself imprisoned at the Marshalsea Debtors' Prison, In London, in 1824, for a debt of £40 and 10 shillings.  Later, his wife, and his three youngest children joined him in Debtors' prison, which sounds mind-boggling to us today but was fairly common back then.   It was not until John Dickens' mother died, that he came into enough money to pay his way out of Debtors' Prison. 

 

Because America was a British colony, Debtors' Prison also became part of our heritage.  There were at least two signatories to the Declaration of Independence (Robert Morris, James Wilson) that were sent to Debtors' Prison, as was the father of Robert E. Lee, Henry "Light Horse" Lee.  Eventually, though, Debtors' Prison were outlawed by Federal Statue in 1833, however, this left jurisdiction for debt crimes to the States, which continues to this day.

 

While most of us like to think of the law as being fair, equally applied, and cut & dry, it isn't.  Even if a state has laws forbidding the jailing of their constituents for debts, there are workarounds to do that very thing.  The easiest and most straightforward device to accomplish is for the party that is suing you for debt; let's say credit card debt, to take you to court in order to compel you to pay back the monies owed.  If you don't show up, more than likely, a summary judgment will be awarded against you.  What will this judgment do to you?  It will produce a court order demanding payment on such and such terms.  Should you not be able to appeal this judgment or if you simply ignore it, you will put yourself into the unenviable position of "civil contempt of court" which is a jailable offense. 

 

Therefore, it is wise to remember, that any time that you have a mandatory court appearance you should absolutely make that appearance and do the best you can to defend yourself which starts with adequate preparation and a knowledge of the law.  Not doing so, could ultimately land you in a modern-day Debtors' Prison.  And even though, it doesn't make any logical sense, to jail someone for not paying their debts, (which is a civil not a criminal offense), or to fine someone continuously who is indigent, the state is a blunt tool which neither knows what the left hand or the right hand is doing. 

 

And let us not forget Dickens' Scrooge who when asked to contribute to the welfare of the poor and destitute, responded not with charity but with the infamous rhetorical flourish "Are there no prisons?"