The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-09-05

-
newspaper furnishes the report OF a decision made
q few days since by the Supreme Court OF Ala bama.
En po,e Ponard and en- pazte RI anz, n 4 nasa Moods
na the Circuit Courts are held at an interval OF
i about six months. By the former practice in Ala
bama under the regulations OF law, as III South
Carolina for half century past, no M =, ~
regularly entered against the defendant until the
second term. He was thus entitled to what may
be called an imparlance. But, by the code ADOPT
ed in Alabama in 1853, the proceedings were eA-
pedited and judgment might be rendered at tng ne
first return term. The law so continued an.l
February, 1866, when the Legislature passed IN
Act 'sto regulate Judicial proceedings. ny one
of the provisions q defendant became entitled 10
what may be termed a second Importance, ana
q Judgment would be entered at Blk or tweiVe
months, according to the service Of the witt. ny
another provision, after judgment, the execution
might be superseded by what is called "a sugges-
tion of irregularity." The Supreme Court consists
of Chief Justice and two Associates All unltea
in holding the law unconstitutional ana Vod 30 iar
as it stayed or hndered the collection OF money
under the Judgments rendered. But the two AS
sociate Justices thought the other provision strict
! ly regulation OF the remedy-that as the Code
i of 1853 had taken away the Importance without
any impeachment ofits consttutionaliiy, 80 the ACT
| of 1885, which gave a second Importance, might
be sustained in the same view. MIR. Justice Byra,
however, who concurred in this respect with his
Associate, took the occasion to express his con-
demnation of ''stay Laws "The Act in question
(says heJ is said to be of that class. Nis not 50
styled by the General Assembly in the Act; and
being coordinate branch Of the Government, it
is proper to attribute to its action the best mo-
tives and objects that could be reasonably pre-
sumed" and agrees with his Associate that it was
merely regulation of the proceedings CHIEF
Justice Walker, in very elaborate Judgment, pro-
nounced. the entire Act violation of the Oonsti-
tuition He said that the first provision was mani
testify mere plan for the delay ana postpone a9
adjustment of the machinery OF the Courts to the
attainment of fair trial, or to the security OF
JUSTICE 81 can perceive adds he) no ground
to the welfare OF the State or the necessities Of
the people can enlarge their authority to inter.
fere, through the manipulation OF the remedy,
with the obligation OF contracts"
Itis manifest that the judgment of the Alabama
Court forms no exception to the unbroken current
OF decisions But surely no doubtful interpreta-.
tion" can be alleged against the legislation Of
South Carolina upon this subject: The General
Assembly said what they meant. It is their habit
The Act Of 186l is entitled ''An Act to extend re-
lief to Debtors and to prevent the sacrifice Of pro.
perty at public sales.'' The subsequent annual
eenactments are entitled "An Act to continue in
force (the Act of 1861 But the Act of 1865 anti
| ticipates any misconception, and is entitled IAN
Act TO amend the law known as the Stay Lao" In
the case first stated (The State us Oarew) the OBJ
ipation OF the bond required the obligor to pay to
the obgee 81, ,O4l on the LIST February, 1861. The
Act OF December, 1861, precludes the debtor from
any legal remedy whatever to enforce his demand
for twelve months This prohibition is renewed
and continued by successive enactments until De-
cember, 1866 when the law was SO altered az to
| allow the creditor, after three months previous
notice to the debtor, to demand payment IT one,
tenth OF his debt on the lat December, 1866, and
on non-payment, he was allowed to obtain judg-
ment and enforce the same for one.tenth OF his
debt. and no more. The plain, open and avoWed
purpose Of the General Assembly was not the re-
gulation Of judicial proceedings, but modification
Or amelioration of the obligation Of the parties
Ito extend relief to debtors" prevent the sac
rihce of property at public sales"-to amend the
ssHtay Law" By the manifest and necessary ef-
feet Of the legislation, the creditor is reduced to
the condition in which las has been elsewhere
said) "his rights live but in grace, and bis reme-
dies in entreaty, only.
It may be that in great emergencies-inp periods
Of general embarrassments-this extraordinary
power of interfering for the relief Of the citizen,
ought to have been reserved to the State Leglsla-
/ lures.
It remains only to inquire whether this particu-
lar matter was not fnlly considered by the trainers
Of the Constitution. When Luther Martin, dele
gate from MARYLAND, returned to his constituents,
he was opposed to several provisions of the Con-
stitution which had been adopted, and thus e1-
presses his dissatisfaction with the clause prohi-
biting the States from passing any law impairlng
the obligation of contracts:
II considered (said Mr. Martln) that there
tresa and Of such Extensive scarcity oi specie, as
| would render it the duty Of the Government, for
the preservation of even the most valuable part Of
it's citizens in some measure to Interfere in their
favor by passing laws totally, or partially stopping
courts OF iustce or authorizing the debtor to pay
by nstalments, or by delivering up his property
to his creditors at valuation, &c. Such times
have been and may again arrive therefore
voted against depriving the States OF this power.
! Il Elliott's Deb. 1862
MIR. Madison, in the introduction Of this report
of the debates on the Federal Constitution, de-
scrbiug the condition of things which led to the
4 assembling of such Convention, says: In the
internal administration Of tho States, q violation
of contracts had become familiar in the form OF a
depreciated paper made legal tender, of property
i substituted fur money, of nstalment laws and OF
the occusion Of Courts OF Justice, although evident
that such interferences affected the right OF other
States relatively creditors we'll as citizens cred
tors within the States." tMadison Papers, p. 12O,
General Dayie, of North Carolina, returning
from the Convention, congratulated his constltu-
ents on the adoption Of this prohibition OF the
Constitution. That, hereafter, a sister State
Il could not again do what they had heretofore
done snake pine barren acts to discharge their
! debts-declare that our citizens shall be paid in
STERILE inarabe lands at all extravagant price
pass instalment laws, procrastinating the payment
OF debts cue from their citizens for years "lt is
essential said he) to the interests OF agriculture
and commerce that the hands Of the State should
bound from making paPsr. money, lnstment
best in the Constitution. 1t is founded in the
strongest principles OF justice. 1t is section, in
short, which thought would have endeared the
Constitution to this country" a Ell. Deb. l57.
l50, and 1917
Mr. Charles Pinckney, OF South Carolina, was a