The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-09-26
Passage by the House Of the Bill PoStpOn-
ing the Courts of Common Pleas Until
Spring..
TUESDAY, September 18.

Spring.
TUESDAY, September 18.
The agitation Of measures for the relief oil
tho people continued yesterday, but was &C.
comp anied with more practical results and
less elocutionary display than might have
been expected Tho Bill before tho House
was that reported by the Senate, to which
Mr.. Hagood offered the following substitute
Tor all after the cnacting clause:
a Bill to alter and fix tho time of holding
the Courts Of Common Pleas in this
State.
SEQ /. BE il enacted by.tho Senate and
House Of Representatives, now met and sit-
ting in General Assembly, and by the aus
thority Of the same, That from and after
the ratification OF this Act, the Judges of
tho Superior Courts of Law in this State
shall hold the Courts Of Common Ploas in
tho several Circuits established by law in
this State annually in the Spring Of every
year at the times aud places in each District
already affixed by law.
SEC. 2 That oil wrils and other process
of the said Courts Of Common Pleas, mesne
and final now made rcturnub;c to the Fall
Term heretofore established, shall be re.
turnablc to the annual Spring Courts, tho
same as if already SO directed; and that the
same rules of imparlanco, and the same or.
der of proceedings now existing for the
semi-nnnual Courts shall be extended 10
and apply to the Courts established by
this Act.
SE2 3. That oil Acts and parts of Acts
of the General Assembly of the State in
conflict with provisions of this ACT be, and
tho same are hereby repealed
Mr.. Hagood said: That he in common
with many others upon the floor en- ter,ainod
insuperable objections to the constitution.
ality of tho bill under consideration. The
amendment proposed, in his judgment. OBJ.
viated these objections. He was informed
by those whose experience in tho courts en-
titled their opinion to weight, thu, under
the new legislation giving large jurisdiction
and frequent sessions Of the District Courts,
annual sessions would in Nil PROBABILITY DO
ample for the dischargs of the business OF
the Courts Of Common, Pleas. The amend
Jnent proposed 10 shut mo Courts. It. left
all the machinery of justice in full opera
ton. II held out 10 the debtor no delusive
hope of reputation. Writs could be sued
out at once; compromises Of debt. when ad-
justmcnt wns possible, would take place /;
judgment and levy Of execution were alone
by the incidental operation Of the proposed
amendment postponed for u short period
This Incidental operation Of the amendment
is the only objection which can be urged
against it. And this said he, Mr.. Spcak.c
1 must frankly confess is one off its features
which recommends it very strongly to me-
IL is known to every member on this floor
that the majority of the planters Of this
State, the class which constitutes the bulk
Of its population, will be poorer on the first
day Of next January, than the last. It is
equally we'll known that this fact is due to
no wont of industry or'energy on their part
AS class, thcy have labored hopefully and
encrgetically with crippled resources 70 re.
trieve the great disaster that has befallen
their fortunes. The failure is due to unfa-
vorable seasons unprecedented in the mem.
ory Of any man here. It is we'll known
that with our favored soil and climate, sea.
sons approximating the last do not recur
once in twenty yeurs. In all human proba,
bility the next session will be as prosperous
as the last was untavorable and the action
Of the proposed amendment in the short dc.
lay of the levy of execution will enable the
the indebted planter to bring one more Drop
into market, wherewith to meet his obliga-
tions, to make ono more appeal to the mer"
cies Of benificent, FreyideD%,, and if after
that the decree is unreverseo, why, he must
meet his doom as he may.
Thus, Mr.. Speaker, If as think there is
upon tho face of this amendment no -consti-
tu,ional objection If the probabilities are,
that it willcffect desirable economic re-.
form in tho arrangement Of our courts, and
if, from it's incidental operation, relief
however meagre. comes to our distressed
aud impoverished people, 1t oommends itself
very strongly to my approval, and upon
these grounds I submit it to the considera-
zion of tho House.
Mr.. Todd, Of Laurens, moved that the
amendment Of Mr.. Hagood be laid on the
table, which was decided in the negative by
a oe
Tho question now reourred on the adops
tion Of tho amendment, and the question be-
ing taken by yeas and nays 1t was decided
in tho affirmative by q vote Of yeas 55
Mays 46.
AS a matter ofrecord we publish the names
of tho memborS voting, that the public may
know who are friends and opponents Of the
measure of relief proposed.
YEAs.--Aikcn' j. r., Aston, Anderson,
Ball, Black, Bonham, Bowen, Browning,
Clyburn, rrayton, Culbreath, Easily, Elkin,
Farmer, Flowers, Darlington, Gavin, Gayer,
Goodwin, IIagood, Hammett, Hay, Hayes,
lIerst. Howe: Jofos, Kccls, Keith, Keitt
Landrum. Iipsey, Manigault, Melchcrs,
son, Richardson, J. s. Jr., Russell, Ryan,
Sailey, Sessions, Sheridan. Springs, Stokes,
Suber, Talbert, Trescot, Wagner, Walk
Wright-65.
NAYs.--D Wyatt Aiken. BachmarL Bar.
ker, Cannon, Carlisle, Coker, Coogan, Cow
ington, DcPnss,. DuPrce, Duncan, Elliott,
Fair, Gaillnrd, Graham, Tanckel, Haskell,
Hunter, Hutson, Leo, Leitner, Lewis, Lord,
Magrath, Martin, Mikeil. y. p, Mikell, W.
+, NIilligah, Moore, J. W., Mulvanoy,
Perry, Petty, Pressly, Richardson, Shaw,
Seigling, Sparkman, Stackhouse, Talley,
nall
lace, A. s., Woodruff, Speaker--46
A motion by Mr.. Warloy to postpone the
furthey consideration of the subject inde6-
nitcly was agreed to by a vote of yeas 48,
nays IS.
(. Mr.. Townsend, Of Marlboro, moved to
continue tho subject until the next session
Mr. Talber,, Of Abbeville, moved TO lay
that motion on tho table The yeas and
nays being ordered, 1t was agreed to by q
vote Of yeas 70, nays 81.
Mr.. Lord, Of Charleston, moved to substi'