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10,162
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1
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In connection with amendment 20, the Chair
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2
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suggested yesterday afternoon the possibility that the
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3
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13th amendment might be effective to prevent imprisonment
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4
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for debt. At my request, one of the research assistants
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attached to the staff of the Convention has looked into
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this since the Convention adjourned last evening, and
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advises me that this may be questionable except in the area
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of debts arising out of personal service contracts.
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9
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The Supreme Court of the United States has held
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that imprisonment for debt arising out of a contract for
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personal services is, in effect, an enforcement of
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12
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involuntary serv itude, and would be a violation of the
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13
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Thirteenth Amendment of the United States. The Supreme
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14
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Court of the United States has apparently not passed at all
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15
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on the question of whether imprisonment for contract debts
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would be a violation of the Thirteenth Amendment, but the
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Supreme Courts of at least a few States upheld statutes
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providing for imprisonment of absconding debtors in
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contract cases, the most recent apparently being a decision
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20
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of the Supreme Court of Vermont in 1950.
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21
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This being the situation, I do not think the
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