Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-12

that our system Of labor has been thorough
| disorganized; that the refreshing and reVivi
flying showers have been withheld from
parched and exhausted soil, and that want
if not famine, will keep ghastly yigils il
mansion and in hovel; when it is remembered
that nearly all of the merchants of the Stat
have been able to compromise their indebted
ness to Northern merchants on most libera
terms-surely, the creditor class will practice
forbearance and give their debtors still furth
er indulgence If compelled to enforce col
lections, they should, in the same fair and
liberal spirit, make compromises with debtors
so as not to drive them and their familie:
from home, kindred and friends.
The ng.embarrassments growing out
of the Indebtedness of the country will, like
other evils, produce beneficial results. Debtors
will find it to their interest to make final adj
justment of their debts, even though they are
compelled to surrender their property. As
long as their debts remain, interest will be
accumulating to culminate in more disastrous
bankruptcy. If they surrender their proper
ty, now, to creditors, they can resume occu-
pations and labor with notwithstanding
that its proceeds will, sooner or later, rebuild
their broken fortunes.
The debtor who desires to compromise with
his creditors has the means Of compelling
the veriest Shylock to accept fair terms, or
exclude him in all share of his estate by as
signment, giving liberal creditors the prefer
enco, or by voluntary confession of judgment.
Believing that no Stay Law can be passed,
embracing antecedent debts, that will not
conflict with that clause of the Consultation
of the United States which declares that mo
State shall pass any law ir:pairing the obiga.
tlons of contracts" respectfully recommend
for your consideration for the relief of debt
ors:
lst. That Imprisonment for debt, on mense
and final process, be abolished, except in case
Of fraud; and then, as punishment for the
crime rather than as means of enforcing
payment of the debt.
I'd. That no costs be taxed against de-
fendant, either for the officers of the Court
or for the Attorney.
Sd. That tbe Insolvent Debtors Laws be
so extended as that any debtor may, by petit
ton, after due notice, summon in all his cred-
tors, and, upon assigninghis estate and effects
FOR their benefit, be discharged from all furth
er liability, not only to sueing, but to all
other creditors. Being thus relieved from
the incubus resting on him, the honest and en-
terprising debtor will go to work with aacrity
and prove himself useful member to society.
The Congress of the United States has au-
thority, under the Constitution, to pass uni.
form laws of bankruptcy; but there is no
prohibition upon the States, and as Congress
has not exercised the authority delegated to
them, the States may, with great propriety,
pass such aws-and they will continue Of
force, until Congress adopts general bank
rupt act-which would supercede all State
legislation on the subject.
The General Bankrupt Act of 1911, passed
by the Congress of the United States, extend.
ed its provisions 10 antecedent debts, and
its constitutionaliiy was not controverted by
the Courts. No Constitutional obstacle, there.
fore, would preclude the General Assembly
from incorporating the same feature in their
legislation.
1t is proper here to remark, that if Stay
Law could be passed which could be free from
all constitutional objection, il would not pro-
tect debtors from suit in the Federal Courts.
A creditor residing in the State who had de-
termined to enforce the payment of his debt,
could readily transfer it to q nonresident.
and if the sum exceeded five hundred dollars,
such NONRESIDENT could at once institute suit
in the United States Court, recover judgment,
issue execution and sell the debtors proper
ty, notwithstanding the existence Of Stay
Law. Such a law would not be recognized
or enforced in Federal Court.
The complete disorganization of the labor
of the State in 1865, resulted in the produc
ton OF very short provision crops; and to
supply the deficiency, large quantities Of
brcadstuls have already Ecen imported into
the State, at enormous cost. The imperfect
organization Of the system of free labor, and
the unprecedented drought which has pre-.
vailed during the months of July and August,
throughout the STATE as well as an unusually
short wheat crop, l1reahalo" gloomy future
for the people for the next year. Coming IS
you do from every District, you have the
means Of making IN estimate, approximating
accuracy, of the extent Of the failure Of the
provision crop, and what amount Of supplies
will he needed TO saye the poor, dependent
and helpless from starvation. invite your
earnest and prompt consideration % the sub
jcct.
Sound political economy ordinarily con-
dcmns the feeding of its population by the
Government, as the inoytahe consequences
are to increase idIeness, pauperism and crime
Bat where the provision crop ola whole coun-
try is destroyed by blight, or where produc-
ton is suspended by long continued drought,
and the deficiency is traceable to these causes
rather than to the idlcness of the population,
humanity and sound policy alike justify the
Government in lending or giving It's means
to save he people from starvation-to arrest
that increase of crime. which want always
produces, and to stay emigration to more
favored localities. The present population is
insufficient to till the soil Of tie State and to
develop its resources; and it is high duty
oc the Government to remove, as far as pos
sible, the necessity for emigration beyond its
borders. The embarrassment of supplying
food for the needy will be greatly increased
after the frat of October, when the Freed
mems Bureau will cease to issue rations for
the INDECENT and helpless whites and freedmen,
who have been heretofore furnished with sub
sistence. You may find it necessary to in
crease the powers, duties and responsibilities
of the Commissioners of the Poor, and to
organize such bodies in all Districts of tie
State. In most of the Districts, land and
buildings have heretofore been acquired AID
erected for the whites, but they must be en-
larged, so as to provide accommodations for
pauper, idiotic and helpless freedmen.
The failure of the Boards of Commission
ers of the Poor to provide for the helpless, is
great crime against humanity, and addl-
tional penalties should be imposed by law
against such o neglect or refusal to perform
properly this philanthropic duty.
The capitation tnx imposed by you, at the
last session of the Legislature, on freedmen,