Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-07-20

property substi:u,sd for money of in,talm.n,
laws and Of the eeclusion Of Cpufts of Jus-
tiee. although syidentthst such interfersnce !,
affected .h. s!gss s Sshss State. fe's.iysly
The 4 s,.ss'",s A.di.ea papers tIso. + Eii.
General pasie, Of North Caroline. re,i,;n,
from the Conyentiop. congratulated his eonstie
tuents cu the adoption of, this prohibition OF
the Constituiion. That, hereafter. a sister
tofore done; make pine barren Acts to dis
charge their debts--declsre that our citizens
shall be paid in sterile, inarabis lands o: an
extravagsnt prtcs-psss instalmsnt lave, pro-
ers.tiuating the payment Of dsbts duo from
their citizens for years." ut 10 essential {said
he) to the interesis of agricalturs ard COM
pine barren Acts" 'srh.t section is the best
In the Constitution. II is founded in the strong.
est principles Of justicc. 1t 10 Q section. il
short. Which thought would have epdearsd
the Constitution to this oountry." T. Ell, Deb.
l67 l59 aud 1917
;slr. Charles rinekn.y, Of South caro,in,
wss member Of the Convention which sdoo .
ted the Constitution Of Tho United state, in
1887. He was subssq entity . member OF the
Convention which formed tho State Cous,itn- =
tion OF 1880, and is said to have prepar.d III.
draft of the Constitution of South Carolin..
In the debates of the State C"nv en,ior. com.
monting on this clause OF the, Constitution or
the tn United States q, Article. 10 Section) Mr.
flnckney said: This section I consider a,
the soui OF the Constitution; as containing in
lew words, those restraints upon tho States
which. whiie they keep them from Interfering
with tho powers OF the Union, will leave them
always IN situation to comply with their
Federal duties; will teach them to cultivate
the principles of pnblio honor and private
honesty. which are the surest road to national
nd han
was reiterated in tho State Constitution then
adopted. "Nor shall any law impairine the
obligations Of contracts ever be passed by tho
Legislature of this State" e Article, Section
Tho venerable Chancellor Desau..ure had
walked with those who fo:ght the Revolution
and with those who framed the Federal Consti
tuition.
The following 10 his note to Glaxe ~ Drayton
Il Desa, r. llOE THE Legislature, 10 con.id
GRAFTON Of tho distressed state Of the country
after tho war, had passed an Act prohibiting
tho immediats recovery of debts, and fixing
certain periods for the payment Of debts far
beyond tho periods fixed by the contrac. of
the parties These interfei ences with private
contracts became very numerous with most Of
the State Legislatures even after tho distress
arising from the war had ceased in a great de-
gree. They produced distrust and irritation
throughout the community to euch an extent
that new. troubles We're apprellen.ied; and
nothing contributed more 10 prepare the public
mind for giving up portion Of the State Gov
eighty, and adopting an efficient national Gov.
State Legislatures"
In q similar strain Mr.. Justics Coluook speaks
in Alexander vs Gibson, N. aud Nice, ls6
IA. Is. l6le) "ln giving construction to this
part OF the Constitution It is necessary to take
view OF tho state Of things which existed a.
the time Of Its adoption. and of the particular
s Asts which had been passed by many Of the
States during the struggle for our Indepen
denc-. From the difficulties which had arisen
during tho war it was found to he impossible
for debtqrs to satisfy the demands Of their
creditors. The valuesof property was dimiu.
ished. There "as little circulating medium in
tho country. and hence had oriEins sted .'pine
barren Acts. ''instalmsnt la vs." and other
Acts OF SIMILAR character. impairing the oLligs
tion Of contracts. ard thereby Destroying cred
it. Many Of those laws were then 10 opera.
ton, apd to guard against the continuance Of
them was the avowe1 object Of this clause in
the Coastitution.' =:
suoh Was the oontemroranoous testimony.
suoh has been the uniform tradition of the
country Lave Of the character Of those uu
n: osi oon;ldsrat,on were precisely thoae against
which the prohi6ition Of the Constitntion was
directed Perhaps our forefathers nisearried
In Judgment, and Luther Martin Swaa rieh,.
TS. Tu. e 40 'snee 70 convince his constituents.
,h";I peup.' ., .oe several stntes acted with
as;. -. S'ss 1Psn. iney set ono thing over
nea;. s"'' S auStr' me- sno the counseis OF General
.; nr.nsi,sd sao n!. MADISON and Mr. Pinekney.
a,hs. S;:;;s: Tser :ne Sounsel: OF Dir. Martin and
tho prohibi1foa o. ths p"sFtC ;uney ratified
thus voluntarily submitted to this self restraint
and determine cd to protect their Representa- tiyes
,n.s! in the State Lsgislalure from the peril, Of
,;.a .d;nJ;c.,;n, - mere nae osen any snthorta-
Coo.,;;,,;o. :i9ce .he ADOPTION OF the
. .tsi,n.nt Tow' '""';aa"ng :. .ne validity OF In
i...n.d oao..''i ~ sspeo zoe resesrch OF the
nn, hs.n hrnn.h. VINO sseaen !nis cause. and has
In finds.u =. ~ camo,;s';n .n1 ioaoe o! 'as court