The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-09-13

Constitution Of the United States which
declares that "nO State shall pass any
law impairing the obligations of con-
tract" L respectfully recommend for your
consideration for the relief Of debtors
1st That imprisonment for debt, on
maesne and final process, be abolished, cx-
ccpt in case of fraud; and then, as pun
ishmcnt for the crime rather than as a
means Of enforcing payment Of the debt.
I'd. That no costs be taxed against q
defendant, either for the officers of the
Court or for the Attorney.
3D.. That the Insolvcnt Debtors Laws
be so extended as that any debtor may,
by petition, after due notice, summon all
his creditors, and, upon assigning his cs-
tato and effects for their benefit, be dis
charged from all further liability, not on
y to sucing, but to all other creditors.
Being thus relieved from the incubus rest
ing on him, tho honest and cntcrprising
debtor will 60 to work with alacrity and
provo himself 4 useful member to society.
The Congress of the United States has
authority, under The Constitution, 10 pass
uniform laws Of bankruptcy; but there
is no prohibition upon the States, and as
Congress has not exercised tho authority
delegated to them, the States may, with
great proprioty, pass such aws-and they
will continue Of force, until Congress
adopts general bankrupt act-which
would supcrcedo all State legislation on
the subject.
The General Bankrupt Act OF 1911,
passed by the Congress Of the United
States, extended its provisions to antcce-
dent debts, and its constitutionality was
not controvcrtcd by tho Courts. oCon-
sttutional obstacle, therefore, would pre-
cludc the General Assembly from incor-
porating tho same feature in their lcgis-
lation.
1t is proper here TO remark, that if q
Stay Law could be passed which could be
be free from all constitutional objection,
it would not protect debtors from suit in
the Federal Courts a creditor residing
IN the State who had determined to en-
force the payment of his debt, could read
ily transfer it to nonresident, and if the
sum exceeded five hundred dollars, such
nonresident could at once institute suit
in the United States Court, recover judg-
mcnt. issue execution and sell the dcbtors $
propcrty, Notwithstanding tho existence
of a Stay Law. Such law would not be
recognized or enforced in u Federal Court.
Tic complete disorganization of the
labor of the State in 1865, resulted in the
production of very short provision crops;
and to supply the deficiency, large guam
titles of brcadstufs have already been
imported into the State, at enormous cost.
The imperfect organization of the system
of free labor, and the unprecedented
drought which has prevailed during the
months Of July and August, throughout
the State, as well as an unusually short
wheat crop, foreshadow gloomy future
for the people for the next year. Coming
as you do from every District you have
the means of making an estimate, ap,
proximating accuracy, of the extent Of
the failure Of the provision is crop, and what
amount of supplies will be needed to save
the poor, dependent and helpless from
starvation. 1 invite your earnest and
prompt consideration Of the subject.
Sound political economy ordinarily con-
dcmns the feeding Of its population by
the Government, rs the inevitable consc-
ouenccs arc to increase idlcness, pauper-
ism and crime But where the provision
crop of whole country is destroyed by
BLIGHT, or where production is suspended
by long continued drought, and the de-
fcicncy is traccablc to these causes rath-
or than to the idlcncss Of the population
humanity and sound policy alike justify
the Government in lending or giving It's
means to save the people from starva-
tion-to arrest that increase of crime,
which want always produces, aud to stay
emigration to moro favored localities
The present population is insufficient to
till the soil of the State, and to develop
its resources; and ii is high duty Of the
Government 10 remove, rs far rs possible
the necessity for emigration beyond its
borders. Tho embarrassment of supply
ing food for tho needy will be greatly i'll
creased after the first of October, when
the Frccdman's Bureau will cease to is,
sue rations for tho indigcnt and helpless
whites and freedmen, who have hereto
fore been furnished with subsistence.
You may find it necessary to increase the
powers, duties and responsibilities of the
Commissioners of the Poor, and to organ
izc such bodies in all Districts OF the
State. In most of the Districts, landan
buildings havo heretofore been acquired
and erected for the whites, but they must
be enlarged, so as to provide accommo-
dations for paupcr, idiotic and helpless
freedmen
The failure of tho Boards of Commis-
sioncrs of the Poor to provide for the
helpless, is great crimo against humanl-
ty, and additional penalties should be i'm
posed by law against such ancglect or re-
fusal to perform properly this phllanthro-
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