The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1865-08-17
ECommunicated.l. I.
Reputation,

would be benefited by the passage of
law cancelling all existing private debts,
is a question That need not be consider.
ed, if it is impossible to enact such law.
Now, can such a lawbe passed 2
The Convention" can pass no specific
laws. It con. only, by Constitution,
prescribe what kind of laws the Legis.
lature may, or may not enact how
these laws are to be enacted, and'how
executed.
Can the Legislature pass such law ?
Our present Constitution, Art TX, Sec.
2, declares that "no law impairing the
obligation of contracts, shall ever be
passed by the Legislature of this State
This the Convention can strike out, but
it cannot ordain the contrary authorlz.
ing the Legislature to pass such a law.
The Constitution of the United States,
Art. ]. Sec. l. declares "No State shall
pass any law impairing the obligation Of
contracts" This prohibition has been
uniformly held to apply to contracts
made by the citizens of the same State,
as we'll as between the citizens of differ
ent States. This prohibition is final for
the Constitution of the United States is
the Constitution of each and evcry one
Of the States. Should our Constitution
allow, and our Legislature enact, a law
impairing the obligation of contracts, the
Constitution of the United States would
max esuch alaw null and void. OurJ Judges
would not recognize such law. By
Article VI of the United States Con.
stitution, that Constitution is made ''the
supreme law of the land and the
Judges IN every State shall be bound
thereby any thing in the Constitution,
or laws of any State, to the contrary
Notwithstanding" To render this pro.
vision the more efficient the same Az.
ucle requires that all the Judges Of the
several States "shall be bound by oath
to support this Constitution"
There are several classes Of laws
which may be passed for the relief OF
debtors, ,--suchas bankrupt and insolvent
debtors laws, exemption laws, and stay
laws. All bankrupt or nsolvent debt.
ors laws, without exception, that have
ever been passed by any State or by
Congress, require the surrender by the
debtor of all his property. And in res.
spect to them, Kent in his commentaries
on the Constitution of the United States,
gives it as decided that in order for
State law not to violate the United
States Constitution "the debt must have
been contracted after the passing of the
Act" Vol. l. PIP. 422.
Semption laws are always prospsc.
Thus, our exemption Act of 1923,
'as he Homestead Act of 1851, in ex-
press terms, are made to apply only to
"debts thereafter contracted" This
was necessary to render them constitu.
tional, in not impairing the obligation of
existing contracts.
How far stay laws can be extended
without impairing the obligation of con
tracts. has not yet been decided. These it
isthe province ofthe Legislature to pass.
We conclude by stating three propo.
sitions, which we hold to be, in point Of
law, undeniable 49,
lst. Without an amendment of the
Constitution of the United States, no
power can pass a valid law, cancelling
existing private debts.
End. The Legislature is the proper
authority to pass laws for the relief Of
debtors. f'tt %at 4
3rd. All such laws must be so framed