Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-19

ask or care fora good and al antarniShed
reputationAThose who feel that, this, though
allthat issleft them to give,:is the richest
.boonsthey can. leave their ehildren-these
feel that their Interest lido we.recognlze. how
great and pure and vital is that interest y is
ststake in our legislation. The see in re-
puIia,ion naught but rliin-ruin to the State,
ruin to tire people and ruin 10 our children
"a st.in which time never wipes out-a ta'nt
which testers in the blord of children's chill
dren and b; eeds untold ills in posi- erity, and
feel too thai TO cheat by legislation the credi-
tor out OF his just dues-call it by what title
you will, is only repudiation by another name.
We are here as the epiesentatires OF each
of these classes. We are to legislate for
them all. We owe q duty to them oil. We
should not-we cannot ignore one of these
classes for the benefit Of the other and do
our duty. We must recognize the interest of
them all.
1T is duty which we all recognize and
owe-and never more than he who addresses
yoou-to extend relief to the careworn, un.
fortunate debtor as far as it is in our power,
and we can do consistent with our solemn
oaths to support the Constitution of the
State and OF the United States. Andi tits no
less duty--one equally urged by the claims
Of huma.lty and the cry Of suffering, to as
sist the l,ng deferred creditor in the enforce
ment Of his rights. But in doing This much
we have no right, moral, legal or constiIu-
,ioual tn legislste away the rights and inter-
est, tie good name OF thethird c'ass to which
we have slvrrted. And it is lesson well
worthy our consideration in legisating upon
this subject, TO consider that She who steals
my purse steals trash, but ne who steals my
good name takes that which enriches him
not. but makes me poor indeed"
The aim aud Object OF our legislation then
should he to devise snrue means which, while
ii * ends relief to the debtor. does not Of
itself deprive the creditor of any Of his
rights, OF carry, with it in any s:lapco form
any taint Uf reputation.
The bill which has just b CT; read. entitled
I'd Bill II alter the law in reg nd to hens and
impallarcvs in certain cvseS,H am persuaded
acco,np.hcs all three oI these objects, as
fully as ANY mcssure before the Legislature,
aud invite the attention Of the House to
consideration of lis provisions.
lst. The grea. subject Of complaint. and
uncasiness among tue people Is the indebted
ness Of the country as it existed prior to the
emancipation of our s!ares-that is, the In
debtetincss which was entered into upon q
different ba is Of property from that Which
now exists. And there is great force in the
.arssumentS urged from this point Of view,
i;r time and relief, but there is no complaint
rs to lie indebtedness of tie county con-
tractad since the cessation of hostiiticS, and
there should be none. Our remedies there,
fore, should apply cnly to cases which ex.
isted rliur to theiemaacipa;io Of slavery and
the cessation of hostlities.
The bill which We advocate refers only y to
such cases and leaves untouched what has
transpired since.
ID. The great obstacle in the way Of any
legislation tha. will extend relief, is the un-
cons,itutiona.ty of any law which will meet
the necessities of the case. The bill before
US is constitutional 1t in'r!ngeS on DO pro
vision of the Constitution Of this State, OIL
the United States.
The provisions of the Constitution which
we are in danger Of running counter to, ii
legislatins on this subject provides that We
shall pass no cX post iacto law. or law I'M
pairing the obligation of contracts. That is
that the Legislature shall do nothing to alter
the terms and conditions Of contract with
out the consent of the parties to that CON
tract
The bill before us avoids this difficulty By
requiring that the Plaintiff shall iudorsc i,
his writ that he elects to pursue his right!
under the provisions of this bill and it re
quircs the Defendant equally to accept thu
relief-the time that is offered to him. They
themselves, then enter into new contract
they accept the conditions of the bill, and O
course can never gainsay it, or claim that,i
is an "ex post facton law.
5. The Constitutional question being thu
at rest, the only remaining question Of any
importance is-does the bill meet the want
OF the people ? does it come up to the ne
ces>itics Of the case? We believe that i
does! Nine-tenths of the cases for suit vii
be brought under the provisions Of this Act
and why? 1t is mistaken notion that tht
creditor is the inhumane, hardheaited ant
graspng man he has been represented 10 bo
Do you reflect that he is your fellow man
that he has been, perhaps is still your friend
and that often he is as much debtor as bt
is creditor. Ny own experience, and vii
guarantee the experience Of the bar in thi!
House and all over the State wil,sustain mt
in the assertion, is quite the reverse. He i!
liberal and generous, and only asks that hi:
rights be not ignored. Out OF five hundred
claims lodged with me for settlement or suit
| have yet to find one where am instructed
to press the debtor where lie would make
any arrangement that looked TO payment
These, | have no doubt, are the instructions
given by creditors throughout our entire State
They say that all that they want is some
portion Of the debt on which they may live
and that the debt will be paid. This being
the sentiment of the creditor, will he accept
the provisions of this bill What are the
inducements held out to him to do so. First
an almost immediate lien in all the property
Of his debtor; second, an acknowledgment
Of every just debt, and third, payment an
nually OF n portion of his debt. This, il
seems to me, would satisfy any creditor as tc
the debts due him prior to the CESSATION Of
hostiities. This, ] know, will satisfy all oi
my clients, and if the bill passes l expect tC
bring every case represent which can be
brought under it, under the provisions of the
bill. This believe will be the testimony OIL
every lawyer iu the State.
Will the debtor accept the provisions OF
the bill? Whatis offered him? First, that
his property shall not be sold for five years,
and not then if he pays his debts and second
that he may pay his honest debts by install.
ments of one.lifth annually. If it is time he
wants, he has it. If he wants more, what is
it that he asks for? What Gnu it be but re-
pudiation.
4th. These inducements to both creditor
and debtor to accept the provisions Of this
bill are all increased when we consider the
fairness and liability of its provisions. 1t
does not take all from the debtor, nor does it
depriyc the creditor of all Il nroceeds nnnn