The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1865-10-07
SATURDAY MORNING, OCT, Z, 1865.

the same tisss IL Nsvld prssshs sths sseri6cs
Of property BY the forced ssiisstion Of
dsbts, and pay the creditor an equitable
p6rtiop,of his debt, which would place the
creditor'lh 'ss good . pssitionuts hsgis life
snasv n IL wpalA,Aks dsbSoN Forinstsuss, !
a 5sbtor'has'lost one half his estate. their
the creditors demand shsuld ks reduced
one s.ls-shs debtor paying afsy csnts On
dehtoy 10 pay his d6bts without the saeri.
fee Of his property a public auction and
wsuld make an equitable division sf the
losses sustained ~ tie public saismlty
wkish has bsfaiien NJ - q people, asd
should In Justice b equally divided.
Some who propose The coliestio. sf dFSSss
In full, sgres, that unlsss these dsbss are
collected. MAJORS vii! suffer. VIII they
not suffer equally BY the collection Of
dsbts! Many men have bssa killed during
this war whose estates haSs lst;bdsn sold
These men were debtors snd have LEFT
widows and erphans; their estate. have
been reduced in value: 10 the extent Of the
value OF their slaves, at least, and In many
Instances they have lost everything bat
their lssd, and that hsa been reduced In
value BY the emancipation Of their slaves.
Yet, these estates are dsbtsr for amopnts
suficieat 10. consume she estise Yeaidue Of
tbs estate and thessbS' jsase the widow and
orpkak entirely penalties. TO be thrown on
the cold charity Of . bankrupt community,
TO suffer and starys, while their moro for.
tupate creditor occupies their lan6s and il
free from the calamities incident to the ter.
ribls struggle thyoSih wtisA W have Just
passed. The debtor, when hs coatssois
debt. pledges HE entire sststs 10 secure the
payment OF that debt. thereby giving his
sredsSsrs sp interest In his sssats % the
amount Of their claim. The debtor takes
the risk Of all ordinary Losses bat the
present beisg an sItfsosdinary loss, and
ona oceasioaed - msch By ske creditor %
the debtor. I thisk Il nstktng bot lair that
Il shsult b shared equally between the
parties.
contend that the creditor has exercised
a, agency 70 - grsstsn sxtsot - the deb
teftiar'As loss Of this property. pledged fsr
the payment Of debts. aud that the debtor
having lest his property through ths sesn
ey Of the creditor. In part. that loss should
be equaliv divided and aot Gall entirely on
either party. The seess;tutioaality Of this
.nessafs Dc S6t'fesl soDpstsat 70 decide.
bat ftos the Pfsssdsess ProcIanation.
infer that he Act Of Nsssssion, or rebellion
hss deprived ~ e6 oivil Govssnmsot, and
conssq seotlt. all laws for The ooiASctisa Of
dsbts-in fact kss destroyed the State
Government aoA madAit necessary fer The
Executive Of ths Uaiisl Hteess 10 vake sssps
to organize . Stsss 1osss1nsas desovo,
thereby ignoring ths Executive Of . SAts
G9vernmset In 80. ca. The laws Of The
State being the creature Of ths Govss,msst
aad enforced BY the Assnts Of The Govsrn.
nent. necessarily ssases when ths Govssn.
nent becomes extinct; thessfose, the sal,
laws now 10 sxtsteoss for The collection OF
| debts Ia 8. c., are The laws Of the United
States ,-hsnee 70 b my opisiou that no debt
en- b collected In q. e., bv ths lsws Of @.
c., until ssw State Gsvsunsut 10 fully
ssaanizsd and approved By tbs Uaitsd
States. Then the laWs made b. such Gsv.
ernnent nap .paDvS4s for.tas sojlsetss of
dsbts In psii, b Ia whole, that sxlstsA prsl
vioss t. the fesmatios Of The 0ovsrnusot,
OF siiing 70 pssvids for tbs sslisctioa Of
thsse debts o1sed By Pastiss who daring
the rsbslliss forfeited thsis rights - cil
zsss sfths United States. 0ush Asbts viii
sot b collected ~ isv. TAklsg tins view,
IL may be doubted Wkstkef ths sew Gov
ernnSnttnSw fsrming In ibis State ias .
right - enact isWs Tor the. sollsssiop Of
dsbas which existed pessioAa % he Soens.
ton of'ths Gevesnnsot; sll contrasts are
subject 10. ssd soatsoilsd BY tAs laWs Of
the Ststs - they sslst q the time the con.
tsassis 0sAs. bet are sot eontsollsd bs iAvs
sussteA sneswssds. sthaVpiss sub6 laws
would b 81 fsa Fsess aiA ssssssaitssiea
c..,.. p,.. n n -. - ,s..