Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-05-23

Unconstitutionality of the Stay Law
lima is The declaration by che Court of .AprealsQf
the unconstitutional If the Stuy LnV. The
Court Of Errors composed of the Chanceliurs and
Judges of the State, atits recent si.tings in Co
lumbia, delivered an opinion, declaring the Act
commonly known as the Stay Law" to be in
conflict with tho Constitutional prohibition against
any State law impairing the obligation of con-
tracts.
Judge ALpnIcH was the only dissenting men,
ber of the Court JuilgeA drich, it will be remcm-
bered, delivered on opinion in Charleston some
months ago, sustaini.g' tho coustituti"nality Of
the Act; aud it seems that his opinion has not as
yet been changed, not evcn by the unanimous
voice to the contrary of his Brethren of the Bench
The effect of the recent decision of the Court
of Errors will be to remit the country tn the legal
and equitable remedies and processes in force be-
| fore the war And whilst we gladly hail any re-
turn to the venerable laws of the past, and above
all to the wise and benefcient protection Of the
| old Common Law, whose invaluable acgis has
been SO long lost to us, we sincerely trust that
!" the quality of mercy is not struincd;" and that
no rash and uncharitlblc hand will tasten itself
upon the collar of tho helpless debtor, ready to
aing him into prison. until be shall havc paid the
uttermdst farihing.
'Twere idle to say that the consequences of the
declared unconsttutiona,ity of the late Act are
not yery much to DO dreaded. What, for instance
will become of the saving clause of the said Ac
in regard to the Salute Of Limitations! 1t In
deed the Act be declared to be unconstitutiona
in toto the majority OF chooses in action in esse
the time of it. PASSAGE will be barred by the
Statute; and the Statcwill suffer an unconscious
BILE revulsion 10 that regard.
We are anticipating, however, inasmuch as VI
have not as yet seen copy Of the opinion OF th'
Court. nor do we doubt it, that some saving
clause in regard to these difficulties, will appear
either in said opinion, or in tho future action
our State Legislature; which body, it seems t
us, for divers reasons, must be shortly convened
IL fact it would be something like heresy tt
question the healthy efficacy of the decision Of {
body SO versed in legal lore, and so famed fo
judicial intellect and integrity.
But still, there must necessarily BIO very grea
apprehension on the part of the public, as to th'
course which will now be adopted by Creditors
Real estate, as general thing, is all that is lcf
us frem the wreck ocoasloned by the late disas
trons war; The frst.judgmcnt creditor will hav,
lien upun the land; and hence general scram
bio, i, is apprehended, will be the result. Credi
tors, generally speaking, arc very similar to thei
great prototype in the New Testament, and il
the ondcavor to secure the first lien upon th
property of their Debtors, will, in all probability
enter the lists with the motto, i" cxtremum occu
pet scalics."
| P. .s.-snce writing the above, and just be
fore going to press, we ascertain tlrat the opinion
delivered by the Court does not interfere will
that portion of the Stay Law suspending the bn
of the Statute OF Limitations.