Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-02-21

ing the energies and running the fortunes
the honest debtor who cannot surmount hi
difficulties. Now if the remedy be part 0
the contract, part of the Obligation, it il
as binding upon the creditor as it Is upor
the debtor; and while the creditor has tht
right to enforce it for the collection ef hi
debt, the debtor should have the right to en-
force it forithe relief of his condition yfor W.
can all conceive the case in wkich it may b
las important to. the debtor to .conpel the
enforcement, AS it may be to the creditor tt
Insist upon the psJormancc. But as no suct
mutuality exists, it does not come within the
idea of tie Contract, the obligation of which
is equally binding on all the parties thereto
If The remedy bea part of the contracti il
may be insisted upon by both debtor and
crcditor;fbut as this is not true, it is then
no part of the obligatioH, q contract being
an agreement between two or more parties
to door not ts.do certain thing" If the
right to suo be, a part Of the contract and not
an incident. ills equally binding. upon Both,
and the moment the terms are broken, the
suit may be commenced by the one party
thereto, or insisted upon by the other party
thereto, the remedy being part Of the OBJ
legation. But as this is not true, then am
at /, loss top per eive how the Legislation, which
stays the collectiopgcf the debt at the-same
tune tLat it stays tho operation of the statute
oflimitations, impairs the obligation of the
contract. The State, the common mother,
when the land was about to engage in the
most terrible war known in history; when
all the resources, Of the country were fequir-
ed to main tain that war when all the men
of frhe country were needed and called upon
to support on the battle field, the great prin-
ciple which the7State, in her sovereignty, bad
asserted /; in the exercise of her sovereign
power, land for the common good, said to all
Under. her protection, for the present lot the
collection of debts be edeiaycd. For the pres.
ent the grand privilege Of State sovereignty,
secured under the Constitution, is about to
be asserted and while that great question is
being triod, let ell minor issues stand still.
The creditor was not told, you:shall not col
lect your debt-the debtor was not told, you
may not pay ysur debt; but both creditor
and dsbtor were told. while you are engaged
in this mighty struggle yon, creditor, aball
not add t., ,tte distress Of the land by hunting.
down your debtor with the sheriff; and you,
debtor, may display your patriotism in the
field without the fear that your family will
be harrasseu, OR your fortune dissipated by
lawsuits. This was simply an alteration of
the remedy, postponement oft. 1t did not
impair the obligation of The contract, for the
contract remained in full force. and the cred
itor was protected against tho delay in col
lection BY the suspension of the operation of
the statute Of Limitations. lt,was only say
ing, for the present hold your HIND; there
are great public considerations to which all
private interests must yield, and 80 soon as
this terrible calamity of war is arrested5sso
soon as thc:country can regain its abilitgao
resume the customary duties of civil life, you
will be permitted to enforce your contract by;
the aid of the Cuur;s, for in the meantime
delay shall not operate to hinder the eollea7
The iaw IS wise and bcsefceht, and an
sustained in this view by that eminent and
good man, Chief Justice Marshall, who in the
case of Sturges Us. Crowninsbield says, "lwith.
out impairing the obligation of the contract,
the remedy may certainly be modified as the
wisdom of the nation may direct" Take an
example, coming unier my OWE observation,
and similar cases, / suppose, have come with.
in the knowledge of US all. ! know gen
tlcman, friend and client, whose business
transacted, who bad over one hundred thou
sand dollars invested in bonds, most Of them
in sums of thousand dollars each but tor
this law, the constitutionality of which am
now considering, he might have put these
bonds in auit, recovered Judgment, ordered
the Sheriff to collect in coin, or to sell the
lands Of the debtor. The consequence would
have been, had he been hard man, and not,
as he was, man of large benevoe1ce, he
could have owned the lands Of most of these
creditors, and turned their famili,s out OF
their homes, while the husbands and sons
were in the front fighting for him. and his
property, be being toe, old to take the, field.
The Legislature, in its wisdom, said again
and again, (for the law has been re enacted
Yearly no such temptation to make great
gain, to commit so great oppression; to arouse
an Indignation SO great, thatthe law may be
resisted, shall exist; athe.obGgation Of The
contract shansnot be impaired, but tho Incl
dentsto the contract, the right to sue and lcoy,
and. .;ell the property. Of. the abaents scldier,J
shall be suspended. In the. language Of Chief
Justice Marshall, " the ,e1neay .sAaH be mod
Ta;s State has exempted, by her insolven.
laws, certain property Of the debtor from law
and ssIea know of'no decision.by our Courts
questioning the consdtutionality of this law
: The Congress oi the. United States passed
a General Bankrupt Law and,s although'its
conslitudanality was questioned in the de-
bate on the passage of the Bill, do not know.
the decision, of the Supreme Court which de-
cides that the law was unconstitutional.
The Legislature of South Carolina and tho
Congress of the United States, have passed
laws sanctioning the suspension of specie
payments by the banks, and, although have
heard the coustituronality Of such laws quesi
toned, / do not know that the 1Gourtl have
sc. ruled. -, 90 - :. t,r.s...l ...-s1-.t -
;. Do not all. of these laws interfere with the
remedy, of the creditor And, yet, no, Court
has ventured to assert that they. are uncon-
stitutional.
i'Thcre arc two revolutions, almost equally
bitter in their Consequences TO which society
is'eontinually cxposed-the political Gdd=the
eou,mareial revolution. - The first brinEsswnr
and all its consequent. horrors and suffering,
a deyasted land, a ruined and suffering peo-
pie. The second brings o derangenalat Of
tie whole financial system and its 'cense-
16cnces, the loss Of credit, 'the Representation
OF the paper which reprss.nts, money! the
.derangemens Of values the sdifHcultyin ob.
taining the meass Of support in fine, oil
that is Conveyed BY the. word. pouerty The
one. incyitably follows tho Gther, The leg
islatiye department Of the Government, when
.itinaueursted this revolution, ,hoped'that it
might lead to settlement Of prtncspIsaun.
der the Constitution, but fearedthatitwonld
lead to AGAR, and attempted to protect. the
debtor class. (Which is always the larger class
against the creditor or smaller class, which
IN sometimes Justly, and sometimes unjustly,
called the hard and gripping class. They