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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10129   View pdf image (33K)
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10,129

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you perhaps a more direct answer.

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Section 38 of Article III of the present Constitu-

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tion, in the first clause says: "No person shall be im-

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prisoned for debt."

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It was becuase of that provision that the

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amendment of which you speak was necessary. If that had

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not been in the Constitution the amendment would not have

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been necessary. If this section 13 is omitted, this

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Constitution will not have any similar provision that

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a person shall not be imprisoned for debt.

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Does that answer your inquiry, Delegate Mac-

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donald?

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DELEGATE MACDONALD: Not completely, Mr. Chair-

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man.

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I may be in error, but it has always been my

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impression that the provision now in section 38, Article III

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to which you have referred, namely, that no person shall be

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imprisoned for debt, was simply declaratory of the common law,

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and even if we didn't have that section in our Constitution

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today, that prohibition would remain, and it was neces-

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sary to include a provision in the Constitution to take

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10129   View pdf image (33K)
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