The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-08-23
StaY LAWS.
To the Editors, Legislature and People Of
On,tb T1roIjDI

The Legislature will soon be convened
for the purpose of modifying our District
Court system, SO as to meet the require
ments of the legislation of tho late Fed
eral Congress. 1t is the design of a
strong influence in the State to use this
extra session for the purpose of passing
laws to delay or hinder the collection Of
debt. wish, briefly, to state the effect
of the attempt to carry out such design.
Such laws cannot be made valid without
an amendment of tho Constitution OF the
United States. Lawyers who say other
wise are badly informed or wilfully mis-
lead the people.
Our present distress is owing, not so
much to the devastations of war and
emancipation, as to the shock given to
our credit by the passage of our late stay
law. Otherwise, New York, Philadel-
phia and Baltimore, with millions seek
ing investment, would not refuse to sell
to us on credit This is not opinion but
fact. The merchants Of these cities 30
say. They are alarmed at the ani'nas of
our legislation, and it will require at least
one regular session Of our Legislature to
pass, without an attempt at the passage
of such laws, to restore commercial con-
fdonce. No law has ever been passed,
interfering with the laws of trade, that
has not produced evil and harm to those
intended to be benefited. There are
cases where the prevention of tho collec-
tion of q debt would be almost a moral
crime, There are others where the sac
rifce of debtors property would be an
act worthy;of Shylock. An honest pub
lie opinion will'regulate the arm of tho
law in these eases. Why is it that now,
with sheriffs armed with il; ta:'s' very few
The agitation of the subject of stay
laws holds out false hopes, and prevents
creditor and debtor from Compromising.
1t is not true that creditors, as gent
eral rule, design the collection of their
claims; they desire to have them secured,
which, being done, they are ready to
grant any reasonable Indulgence. >
Our Legislature, if they close the civil
courts and leave the criminal courts open,
will thereby leave the Judges in posi-
ton which will enable them, as honest
Judges, to declare all laws delaying or
hindering the collection of debts, "ropug-
nant to the Constitution Of the United
States" To close the civil courts, then,
all courts must be closed. What follows?
Vide Gen. Grants order: "The United
States military will have cognizance Of
all crimes and misdcmeanors, without re-
gard to the color of the parties" Lib
erty has already gone, this will take away
her shadow now left us.
Suppose, however, the civil courts to be
closed, what then? The Freedmen's Bu-
rcau will collect the debts owing to freed
men. What followsY The white man
will transfer his dead claim to q negro !!
This is not conjectured-it was done in
one District, to somo extent, before the
annulling of the late stay law.
Again, suppose the hands of creditors,
who are citizens Of the State, to be tied !;
then creditors, who are citizens OF other
States, (now large classO whose claims
exceed $500, will suoin the United States
courts, and the marshals will collect,
aided by posse of Federal boyonets, if
necessary.
This is not ALL Debts above $500,
founded on bills of exchange, (Act of
Sept. "a, 1889, Sec. H. promissory notes,
Il Mason, 251,) and notes payable to
bearer, III Peters, S1S,) bona fde convey
ances of titles to land, (II Sumner, 252,)
which four classes of causes of action will
embrace in amount three-fourths OF all
debts. will leave the State and become
the property of citizens of other States,
who will sue in the United States Courts.
Is it true that creditors have no con-
scionce? Is it true that all debtors are
honest? Is it true that creditors arc al
.wavs rich and the debtors poor? LIS it
just to disregard the rights Of the credi-
tor, although poor widow or orphan
and to protect the debtor who may be IN
possession of the widows or orphans
property, withouta any consideration paid! /!
Is # not true that those who favor repu-
diation and stay laws arc, as general
rule, either neutrality-suspicious., or those
who owc moro than they expect to col
lcct from their debtors!
| pity tho man reduced to poverty by
the late war, and can sympathize with
him in his struggles, even where, IN ms
extremity, he desires to stay the hand OF
Justice; but great is my contempt tor the
LAWYER. or well-informed man, who tor a
little popularity, will delude his follows
and ruin his country-for it is too true
that our honor and our credit are all that
are left us; take them away and we are
Lot public opinion alono, and fear not
the bug-bear OF the poor debtor bong
ssold out of house and home" l ask
whom. and in how many instances in our
State, from it's earliest history, has man
and his family been sold out OF house sno
home and turned out of doors by ms
creditor, unless tho debtor connivod at E, II
himself in order to take tho benefit OF u, the
Insolyent Debtors Act, or where tne Cd,