Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-06-13
From the Ne,obe,ry Herald.
The Stay Law and the Court of Errors

From the Neobcyry Herald.
The Stay Law and the Court of Errors.
Mr.. ED1ToR-To prevent the sacrifice oi
property the General Assembly of this State,
in 1861, enacted law to prohibit the colec.
tion of debts, commonly known as the Stay
Law. The people of this State assembled in
Convention, in September last, for the purpose
recognizing, of laying down, solid and deep
the fundamental, the organic, the constitu-
tional law Of the State, by a clause in one Of
the ordinances specially pointed out, and con-
tinued in force, this law, until modified, al
tered, repealed or avoided by proper State
authority. This law was. therefore, in full
force, having been SO ordained by the Consti-
tuition, when the last General Assembly met.
That honorable body claims no part in the
enactment of this law, as it was handed to
them by the Convention. All they claim is
that theyaltered it so as to conform to the
requirements and necessities of the country,
which power was specifically conferred upon
them by the Convention. Had they not touch
ed it, it would have now been in full force
and effect by the will and power of the peo-
Pile of this State, as expressed through their
delegates in Convention. just here a very
potential question presents itself for solution.
This being law ordained by the Conventions
does it come within the power or jurisdiction
of the Court of Errors to pronounce upon it.
The people under our system of Government
is the origin and source OF all power, and
through their delegates in Convention, they
have ordained and promulgated this to be
the law of the State, subject alone to be mod
iGed, altered, repealed or avoided by proper
State authority. The only question here is
what is meant by proper State authority. Ger.
tainly it does not mean the judicial depart
ment, for it does not belong to them to modi-
fy, alter or repeal laws. 1t does not refer 10
the executive for it is his province to enforce
the law. 1T refers then to the Legislature,
which is the only other department CT the
Government. That department did its duty
to the fullest extent by altering and so franz
ing the law as to meet the present urgent ne
cessities of the country, and so far as we have
been able to learn. the law in its present
shape, has given almost universal satisfaction.
The Judicial department, being simply crea-
ture, in pronouacing upon the act of their
creator, the people in Convention, have trans
cendsd their Jurisdiction, and should be held
strictly accountable for it.
The Stay Law, as it came from the hands
of the last General Assembly, gave as full,
mutual protection. to creditor and debtor as
could be desired. 1t prevented the sacrifice
of the debtors property, giving him q fair
chance to develop the present system of IT,
Dor and pay his debts. Itsuspended the sta
tuses of limitation and required one tenth Of
what is due each creditor TO be paid 10 him
on or before the lst Of December next. I'm
der this law all could live.
To what condition the recent decision of
the Court Of Errors Of this State will reduce
the country, now almost prostrate under the
calamities of the late war, from which we are
just emerging, 40 mortal tongue can tell.
Masked batteries are now being prepared in
every city, town, village, hamlet and even
private residence, in the State. The entire
country from the mountains to the sea.board,
q
splendid harvess for the lawyers and officers
Of the courts. One neighbor will be forced,
in the majority of cases, to sue another neigh
Dor, by being sued himself, how much soever
he may regret it. The paternal estates OF our
noble sires, whose hoary heads are silvered
by the frosts Of sixty winters, and which they
have Inherited from Q long line Of ancestors,
will, in many cases, have to 60 under the
sherff's hammer, and through no fault Of
theirs.
The noble Carolina mother too, who bid
her fond husband go forth to the battle. helds
of his country, where lie fought and fell, and
bled and died upon her ensansuined plain,
may now be driven pennilcss, with her little
children clustering around and clinging 10
her knees, from thp last roof hat covers her
head inio the cold and heartlcss street, by
some callous creditor, Is there no romedy
for tils terrible condition Of things? les,
there is a remedy if the people will it. They
are the origin and source OF ali power. Let
them call meetings in every district through
out the State, and instruct their members to
the Legislature to abolish all the higher
Courts of this State, and reorganize them out
and ont. Orr taxes are heaTy, and re are
paying entirely too many ohancellors and
Judges Let the entire State be re districted,
and the number Of chancellors and judges
be reduced, and corps of them elected who
will sustain the will Of the people, as express
ed through their delegates in Convention.
At the same time the members of the Leg
islature can be instructed to pass such laws
as will give mutual protection to creditor
and debtor. AS it has been very generally |
understood that we are to have an extra ses-
sion of the General Assembly, 1t would be
we'll for the people to move in this matter at
an early day.