Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-09-06
Published by Request.]
Stay Laws.

Stay LAWS.
To the Editors, Legislature and people o,
South Carolina. ... ....
The Legislature will soon be convened
for the purpose of modifying our District
Court system, 80 as to meet the require
ments Of the Legislation Of the late Fedora
Congress. 1t is the design of strong 10.
Auence in the State to use this extra session
for the purpose of passing laws to delay OF
hinder the collection of debts I wish,
briefly, to state the effect of the attempt tc
carry out such design. :.
Such laws cannot be made valid withou,
an amendment of the Constitution of the
United States Lawyers who say otherwise
are badly informed or wilfully mislend the
people. ..-~,~.-..-~ ID.
Our present distress is owing, not so much
to the devastations of war and emancipa.
ton, as to the shock given to our credit by
the passage of our late stay law. Other.
wise, New York, Philadelphia and Balti.
more, with millions seeking investment,
would not refuse to sell to US on a credit.
This is not opinion but fact. The mer.
chants of these cities so say. They are
alarmed at the animus of our legislation,
and it will require at least one regular ses-
sion of our Legislature to pass, without an
attempt at the passage of such laws, to
restore commercial confidence. No law has
ever been passed, interfering with the laws
of trade, that has not produced evil and
harm to those intended to be benefited.
There are cases where the prevention Of
the collection of debt would be almost q
moral crime. There are others where the
sacrifice of debtors property would be an
act worthy of Shylock. An honest public
opinion will regulate the arm of the law in
these cases. Why is it that now, with
Sherias armed with #. fa.'s, very few levieS
are made2
The agitation of the subject of stay laws
holds out false hopes, and prevents creditor
and debtor from compromising.
1t is not true that the creditors, as gen.
eral rule, design the collection of their
claims they desire to have them secured,
which, being done, they are ready to grant
any reasonable indulgence.
Our legislature, if they close the civil
courts and leave the criminal courts open,
will thereby leave the judges in position
which will enable them, as honest judges,
to declare all laws delaying or hindering
the collection of debts, "repugnant to the
Constitution of the United States" To
close the civil courts, then, all courts must
be closed. What follows? Vide General
Grants order: "The United States mill.
tary will have cognizanoe of all crimes and
misdemeanors, without regard to the color
of the parties !" Liberty has already gone,
this will take away her shadow now left US.
Suppose, however, the civil courts to be
closed, what then? The Freedmen's b.
reau will collect the debts owing to freed.
men. What follows? The white man will
transfer his dead claim to negro ! This
is not coDjectured-it was done in one Dis.
trict, to some extent, before the annulling
of the late stay law.
Again, suppose the hands of creditors,
who are citizens of the State, to be tied ;
then creditors, who are citizens of other
States, (now a large class, whose claims
exceed $500, will sue in the United States
Courts, and the marshals will collect, aided
by posse of Federal bayonets, if necessary.
This is not all. Debts above $500, found
ed on. bills of exchange, (Act of Sept. "a,
1888, Sec. H. promissory notes, q Mason,
Isl, and notes payable to bearer, (II Pc
ters. 3lS,) boda fde conveyanoes of titles
to land, (II Sumner, 252), which four
classes of action will embrace in amount
three-fourths of all debts, will leave the
State and become the property of citizens
of other States, who will sue in the United
States Courts.
Is it true that creditors have no consci.
ence? Is it true that all debtors are hon.
est? Is it true that creditors are always
rich and the debtors poor? Is isjust to dis
regard the rights of the creditor, although
poor widow or orphan, and to protect the
debtor who may be 10 possession Of the Wild
ows' or orphans property without any con.
~ a.