The independent press. (Abbeville C.H., S.C.) 1853-1860, 1855-12-14

An interchange Of opinion with several
of our Judges and distinguished lawyers,
has induced me, though not member of
the legal profession. to bring to your con-
slderatlon the propriety of making sys-
tematic revision of the statutes of the State.
l rely with great confidence on the Judge
ment Of those who have made the law the
study of their lives, and trust ] shall not
be regarded AS travelling beyond the sphere
OF my duty in urging upon you matter
that SO deeply concerns every member of
the commonwealth. will not 90 into a
statement OF the many considerations which
to my mind render such work desirable,
and | might add necessary, in the opinion
both Of the Bench and Bar of the State.
T During the short sessions of our legisla-
tive proceedings, it is vain to expect that
any thorough amendment of the law upon
even few subjects can be effected. If the
subject shall appear 10 your honorable bodies
worthy of attention, beg leave to recon-
mend, that commissioners of diligence and
ability shall be charged with tile duty of
reporting to the Legislature for its conside,a-
ton the general elementary provisions for a
revised code of statute law, and some or all
OF the parts of such a code. A mere com
p!latlon Of statute law as it exists would
necessarily be insufficient and unworthy of
great effort; but if commissioners entrusted
with the necessary powers, should be requir-
ed to report the nature and reasons of all
the changes they might suggest, they would
be able TO devise a general scheme to which
all the parts could be conformcd; and their
Remembrance Of the legislative sanction,
which must precede the validity Of their
suggestions, would restrain sufficiently any
disposition on their part to cxtravagant in
novaiion.
concur in the Recommendation of my
predecessor as TO the proprielv Of repeating
our usury laws. These laws originated in
ignorance and prejudice, and, like all gov
crnment restrictions on trade, are inconsist-
ent with the enlightened policy of the age.
They check honest industry, and evaded, as
they, constantly are, afford inadequate pro-
lection to those for whom they were enacted.
Cnprincipled men occasionally set up the
plea to avoid their obligations, but the un-
Fortunate, orr the unwary. rarely have tie
tortltude tofIace the public disapprobation
with which such efforts are most generally
VISITED. Restriction on the use of money
often deprives industrious men of the means
OF cxtrIcating themselves from cmbarrass-
ment, and precipitatcs the ruin which timely
aid might have arrested. 1t hastens, never
keeps of, the levy Of the sheriff, when hoard
ed capital, true TO its instincts, reaps profits
which legalized usury would never exact.
The Trade in money should be as free as the
tradesip, any other commodity. The metal
dug, out fstlle earth aoes not lose its origi-
nal character by the stamp of government.
To The miner it is as much the product OF
his Labor, as cotton is TO the planter. There
is as good reason for government to under
take TO fix the value Of the one as of the
other. Both arc exchangeable commodities,
and their price should be regulated by the
law of supply and demand. BY virtue OF
charters, associated capital is permitted 10
realize eight, ten, and even larger per cent
age. Why should individual capital be re-
stricted, under penalty, tos seven per cent
If it be question, Of morals, it is difficult
to comprehend the code which in the one
case stigmatizes the individual who seeks
ten per cent for the use of his capitol, rs an
usurer, and III the other attempts to dignity
the same practice by calling it dealing in
exchanges. Competition in money, as in
everything else, must operate benefciaIy to
thegpublic at lage. These laws. have been
abolished in the country from which we
borrowed them, and think. the example
worthy Of imitation. 2sE
? recommend an alteration Of our enclo.
sure laws, as a measure demanded by our
finterest and necessities as an, agricultural
people. When timber was abundant, and
but little Of our soil brought into cultivation
| these laws may have been proper, but The
total change which has taken place in oui
i.co4dition, brings along with it a necessity
for a corresponding change of our policy
| The system should now be reversed, and
instead Of compelling the cuItivatof. Of the
ssoil to fence ID his crop, the owner should
be required to enclose his stock. TilIage ia
four, great Interest, and should no longer lie
lslbjected to q tax so onerous and unneces.
tsary. The time and timber annually con.
fsumed in building and repairing fences
(which fairly estimated would amount to an
enormous sum- IS SO much capital literally
tsunk, with no return whatever The pro
l;ducts Of the soil will mature as well without
as with fences, and the lawss should pfotec1
them from the depred dation ofs the stock 81
tie .conntsY NVe are not q stodk raising
people and Il We were, onf present method
jss stha WORT sossib hat could Be pFo;
Ippsed 70 xceomplis fhe 1ob feet change
| Iof OUT policy aesifabIe cehsti ared siidSIy
lin reference tb its eifFssqty up5fi aiock TEsi,
IsaiHa would be asesi au isaSad. 36fs sani;.
~. ~ NJ Issy