The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-05-30
The Stay Law.

The Stay Law.
In our last issue we made some remarks upon
the late decision Of the Court of Errors, declar.
ing the Act OF the Legislature, known rs the Stay
Law, unconstitutional and void We have been
confirmed in the views which we then expressed
by Developments which are being made in every
quarter. The Intelligence that such decision
had been made, as it went through the country,
produced the profoundest sensation. A deep
feeling Of depression followed the surprise which
it awakened in the minds Of the people. They
looked upon it as the death knell of what little
hope had been left them, Of working out their
deliverance from the evils which the results OF
! the war had entailcd upon them. BY energy, in
dustry and economy, they had hoped in a few
years to retrieve their losses, at least to secure
to themselves and their families comfortable
homes But this decision has dissipated that hope,
and filed them with despair. They see the pitt
less storm gathering thick and fast, but have no
place Of refuge. We knew that there was great
Indebtedness in the country, but every days de-
yelopments show that it far exceeds what we ap-
I
means to meet it, that confidence has entirely
given way, and the prospect is that not only will
the debtor class suffer, but that the creditor viii
find his apples of gold turned to Dead sea fruit.
If the collection Of debts be generally enforced,
as every body now believes, there will be such a
sacrifice Of property as has never been seen in
any country. 1t is unnecessary to argue the
question, what has produced this indebtedness
1t is sufficient to know that it exists and that the
. inability Of debtors, in much the larger number
Of cases, to meet their debts, has been produced
by the loss Of negro property, by no default Of
their own, but by the act of the Government.
The people have been ruined, impoverished, by
this result Of the war. What a sadspectacle will
be presented, when this class of our fellow-eti-
zens who have made every sacrifice, which duty
and patriotism claimed, during long and bloody
war-many Of whom have made libations Of their
own and their children's blood upon the altar Of
their country, are brought down to penury and
want, and left without shelter for their heads.
RemorSelesS creditors may contemplate such a
picture with feelings Of pleasure judges sitting
on the bench, in the cool atmosphere of legal
lore, and discourSing learnedly the points sub
mitted, or searching laboriously amongst musty
tones iorpreccdents and authority may not even
cast glance at it, but it is nevertheless picture
at which the common feelings of humanity and
Justice revolt. But it is said why discuss the mat
ter, the Court, the highest tribunal, has decided
the question, and there is no appeal. We beg to
differ with those who take this view. We be-
licve there is a remedy.
We are not lawyers, and do not propose to re-
view this decision. But with all difference to
those who have pronounced it, We must be per
mitted as journalists to say, that the circumstan
ces under which it has been made are most ex-
traordinary, and that those who are responsible
for it have played most extraordinary part in
the histoeg OF this Law. Let this history be told
and it will then be seen whether there is moi
cause for urprse,-astonishment at this deci
sion.
The act referred to was passed in December
1851, and has been re-enacted by each succeed
ing Legislature since its passage, with little or no
opposition except at the last session. 1t has
been endorsed by the people in every election Of
Representatives that has since taken place. But
it has still higher sanction. 1t was re-enacted
by the Convention Of September last, called to
remodel the State Constitution and adapt it to
to the new situation. In this Convention there
were not only farmers and merchants, men little
7ersed in Constitutional Law, bat the learning
and talent Of the Bar Of the State were represent
ed. It is known that six of the Judges who sat
in Court of Errors which pronounced this de-
cision were members Of that august body. One
of them presided over its deliberations, and
others of them were chairmeE of the most i'm
portant Committees. The sbles, lawyers Of the
State were active members of that body, and
these with the Judges shaped its measures and
controlled it's action. What higher authority,
what greater sanction could law have than this
act. Isit strange, under such circumstances, that
it was looked upon by the people as law, as in
conformity with its settled principles and the
Constitution? Yet when the case is made, the
Court of Errors with but one dissen enting voice
declares it no law-that it never was Law, be-
ing in conflict with the Constitution Of the United
States. And more strange still, FIVE of the Sax
Judges who were in the convection when the Or
dnance referred to passed without opposition, con
cur in this decision. Is there no ground here for
surprise? Is there not something extraordinary
in the part which these gentlemen have performed.
The Bench and the Bar are mainly responsible
for the enactment Of this Law. 1t is not our
purpose to assail either. The purity and inde-
pendence of the former, in all past history, is
worthy ofadmiration. But those who fill this high
station are but men, and are subject to the
faults and frailties Of human nature. With all
due Difference for their wisdom and official
dignity we must be permitted to say that
.heir position in this matter is not an enviabe
oue Consistency amongst politicians has long
since ceased to be Virtue, but we had always
hoped ahat it would remain the brightest jewtl
of the judiciary.
But enough on this point. We said there was
remedy still in reserve for the evils which this
decision will bring On the people Of the State. II
is this Let the Courts be closed for sthe trial
| of civil suits. Surely the Legislature can at will
/ 1,t;,, tba CIT of tho Courts