Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-05
From the Southern Enterprise.

OctoDer next.
Upon motion, the meeting then adjourned.
From the Southern Enterprise.
MesSrs. Editors There is no doubt that q
large majority of our pcople-a majority ap.
proaching unanimity-desire the adoption Of
some measure for the relief Of those in debt.
If something is not done, there will, inevita-
! bly,, result widespread ruin and suffering,
such as no people have ever been subjected
to. 1t is absurd to apply general maxims,
| Just. and right in ordinary times, to such
universal and crushing conyulsion as that
which has passed over our country. Thepcc
pie of the South, of all classes and interests,
were in favor of secession. 1t is, therefore,
only just and fair, that allshduld suffer in the
disastrous consequences of failure, and not
that the debtor class should be sacrificed, and
the creditor class benefited. If the collec-
ton Of debts is enforced, the creditor, will
purchase, twenty, times as much property, (il
his debtor has IT'D as he could have done be-
fore the war. : A man worth lifty thousand
dollars, twenty thousand Of itreal estate, and
owing two thousand, his lands will not pay
his debt. But, as ] have said, our people arc
nearly unanimous that something must be
done, if practicable What can be done a
present and cffectual measure will be for the
Legislature to. enact that no Court, for the
trial of cases arising out OF contracts, shall
be held for two years make. all cases Of tort
indictable, with power 10 avoid restitution or
indemnity.
A more radical and better course, would be
to call Convention; let that Convention
scale all debts contracted before the close Of
the war-say one half or three rourths. These
debts were based mainly on negro property /;
that has been swept away, and the value of
the lands impaired, together to at least three
fourths. The property of the State was
worth, at the beginning, Of the war, five hun.
dred millions. 1t is not now worth one hun
drtd millions. Has Convention power to
do this /? Phe Convention has done this very
thing,sas to all debts contracted during the
war; Why may not the same thing be done
as to all debts? Let the distinction be pointed
ont. 1t was as much "impairing", the obli-
CATION of contracts in the one case as in the
other. The words used in the. Constitution,
not /" destroying or ain1aEIsHs -
The words used in our State Constitution
are, "Thc Legislature shall Pass no law i'm
pairing The obligation Of contracts" 1t is
clear that there is nothing In our State Con:
stitution 10 restrain Convention. 1t might
we'll have been considered that it would not
have been safe to trustsuch o power in the
lands of State Legislature to be exercised
as matter of ordinary legislation, but; that
it did abide in the people in their !. original
elementary character. The words the Con
stitution Of the United States are: /" No State
shall pass any 2a,o impalring," &c. : Is the act
Of Convention law? Has it ever been so
called? The terms used as to acts of q Con
vcntion are ordinance, 81" constitution" !. 1t
is settled principle, that in constituting a
Constitution or law, words Stall he under
stood in their ordinary acceptation. Has the
term "law" ever been applied 30 the act of a
Convention? The Convention, which is the
people assembled in council, can do anything.
It did the most important act which 3 people
can do-changed the Government. 1t could
have established a monarchy or abrogated
one and ali Of our institutions, as it did abro'
gate lhe most important OF them. Ii it tcould
deprive one man of his negroes, why not de-
privc another Ct the debts due him The
tptople in Convention abolished slavery and
thereby impaired the ability OF debtors 10 pay
their liabilities. Has a Convention not. there.
fore, the power. 10 reduce commensurately
those liabilities : Mr. Linco!n's proclamation
of emancipation did mot abolish slavery, and
he so thought himself, and expressed the
opinion that the proclamation would be de-
clared void and Intellectual. The Convention
therefore impaired the ability OF debtors .to
pay, and a Convention has the right, and it is
right. to reduce those liabilities.
It has been decided that public officer
elected for life, holds his office under con.
tract with tho State and therefore that con
tract cannot be violated or impaired by al
ordinary act cf the Legislature. But the
tenure may be changed By II Convention. L
q Convention can impair the obligation OF the
contract in this case, why not in other cases
But O. Convention Of tho people is not State
If ten thousand men, assembled on a desert
island. we're living in state of nature, with
oa O Constitution, laws or government OF any
kind. would they constitute q State? The
people of Territory are not called'a State
but they are the elements out of which &
State may be formed
In conclusion: If-these views are correct
such an ordinance would not-b be the act of 9
State, and therefore not forbidden. 1t would
not be a law, aud therefore not forbidden
! The State Legislature may provide that tue
Courts may be held every three months: why
not also enact that they be held every two OF
three. years? "a. -. q
x Another reason for calling. the Convention
is to reduce the number aud salaries of public
officers, We are all reduced to extreme pen
/ ury, even to actual want:s&Why should thu
salaries of public officers remain as large a
they ever were, and much larger than in 9th
er States, except two?
These views are briefly thrown out, having
|. neither time nor room to elaborate them. s
80. s SENEX.
, .. ~
| 90 q d .,