The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-05-24
The Stay Law Annulled in South
Carolina.

sitting in Columbia, Judge Aldrich only
dissenting. We publish the decision-it
is.merely decision as it appears in the
PhGnir, no reasoning or argument accom-
panying. We regret that the Court has
taken the view they have of the Stay
Law. If it is to be set aside, it would
have been far better it had been done be-
fore the close of the war. There never
has. been a crisis in the history Of the
the. State, when general suing and Sher-
IFS sales could have been SO fatal to the
welfare and interest of the State as now.
People may sue, but will it collect their
debts? Property will bring nothing
who has the money to buy with! II the
thing works out as our Judges have
decreed it may, it is certain that the
lands, and real estates generally, in South
Carolina, will change owners, and the
probability is, that a vast number of our
citizens, who, if they had some indul-
pence, could ,extricate themselves from
debt sufficiently to save home for them
selves and families, will be turned out OF
doors penniless and hopeless, with the
load of debt still upon them, for their
lands will be bought for q song-as the
saving is-but it will be death song to
their Ropes-the funeral chant of their
prosperity and independence.
The future owners of the lands IN South
Carolina, by the results of this judicial
decree, it seems to US, will bo Northern
capitalists. New York and Boston, or
some of Mr.. Stevens Radical triends,'may
buy up our lands, and the people gene
raily. of South Carolina, become their
serts and tenants, if they are SO highly
favored as to be permitted to share with
another class of the population in leasing
. little portion OF what was recently their
own. In the depth of our present ruin,
poverty and distress, our Court has un-
covered ga lower deep" of more hldeous
ruin still opening to devour u.s.
IF our J Judges felt it their duty to alb
rosate the Stay Law, as doubtless they
did. it seems to us, with all Difference,
that the Court of Errors might have been
delayed with propriety till next Decem-
ber. and it has been unfortunate and IN
expedient, that they have hurried to a
decision at the May Term of this year.
THE December Term would have given
another years crop to our planters, and
some. time for settlement and adjustment.
Merciful Civil Judges, in passing sentence
of death on the meanest Of culprits, usu-
ally. allow time for the victim of law
to prepare for his fate, and to set his
house ia order if he can. The people of
South Carolina have been less favored, as
to their estates, and most unexpectedly
summoned to judgment and execution
uoon athe remnant that is lett."
We are Of opinion, that the creditor
class. as q general rule, will be as much
injured as the debtor, by the general i'm
pending sacrifice of property, for most
creditors arc also debtors, and those who
are not debtors, will fail to collect their
debts because of the incalculable depre-
ciation Of property by bringing so much
at once under the hammer, and the waste
and consumption of the proceeds OF sales
in the payment Of costs. We have heard
one of the most sensible lawyers in the
State-who is not given to exaggera-
t;on-express the opinion, that If the
STAY Law was removed, and the people
of his District all sued each other, as ne
thought inevitable in such an event, that
the lands of the District exposed to sale
under such circumstances, would not
bring more than enough to pay the costs
of the suits, ard would leave the debts
ell unpaid still.
The Stay Law, as enacted by the last
Legislature, did provide for the means OF
collecting debts by instalments on GER
tain conditions-which was fair-and
without giving any weight to our own
opinions of constitutional law, or enter
ing upon the argument, we will state the
fact, that some as good lawyers rs any IN
the State were of the opinion, and so ar
gued in the Legislature and out OF 1T,
that the law, as passed, was Constitution
al. Our State Court has decided other
wise. and its decision is entitled to great
respect, for no one doubts it's purity and
ability, but the decision Of Court on 81
Constitutional question may be errone-
GUS. nevertheless, and it is binding, how
ever, upon the people till removed The
opinion OF Judges are not infalllble, any
more than other mems opinions, but they
have to be and should be respected aslaw
till overruled as just stated.
AS to the morality and Justice of some
Stay Law giving reasonable protection
and mutual advantage to debtors and
creditors, (the great mass of the people
we have not the shadow of doubt. This
position we are satisfied could be main
tanned in any forum of conscience, though
. host of learned Judges should encamp
against it. We think it very probable an
extra session of the Legislature may con-
yene before the Fall Courts commence,
and it is possible some scheme may be
devised for the relief of the people,
GreenuiIe Mountaineer.
- Government is supporting $4,000
NEGROES.