The weekly clarion., 1866-10-25
To tI,c Lc=iaIaturc OF 'I;r.;-rippi.
Relief Inv.

AlelAet LAW
Editor of dt ciar.oH--PcTmlt mo througl
your widely circulated and valuable pape
20 submit few proportions % the member
II tho Legislature for their consideration
n IA known 10 MI that your honorable bod,
passed Stay Law IN accordance with n,
sentiments aud wishes of tho people 4
Equally a. well IL Il known that said lav
has bean uet Asido by tho Judiciary tina
ludgmontb anita and sh0rif sales aro tho OF
der o. tho day on tho ono hand whilo OF
tho other. proporty has bosn swept awaJ
crops have failed credit destroyed, and larpi
numbers Of those who were wealthy, usee
all their efforts In the war. spent all ihcJ
made IN defence Of their homes aud fresidsa
are nov reduced 10 tho most straiteRed CIR
cuInstances and barely able to live II
creditors, ~ class have no money lei
debtors az least obtain Justice Nov do
not intend 10 advocate q stay Law. II does
not meet the case The existing laws madc
upon relations M longer existing, applied 10
. wisely different state of laws are najHsi,
oppressive aud nnwise. This wish 10 show
Hut first wish 10 show the flllacy Of the ar.
gtimcnt by which tho Stay Laws were sea
aside / will not throw blame upon the Jn-
dietary They perhaps could not 20 behind
their premises aud tho conclusions from tho
premises are legitimate and conclusive
Their premis was tliisi "Ihe Consultation
Of the United States ~ the State prohibits
the passage Of any "ex post factO" law or
law impairing the obligation Of contracts
The Stay Law Is an "ex post fhctO" law i'm
pairing the obligation Of contracts, and
therefore unconstitutional"
II In also added that the collection laws,
IN force at the time Of making the contract,
are part and parcel Of the contract We shall
not dcnur 10 this.
BY way Of creating prejudice against all
relief laws, whether stay laws, valuation
laws or any other kind II has been urged |
that after the revolutionary war, such laws
destroyed credit aud Generalization. This |
Is strange logic tO cnanate from legal gen. |
tlenan. The war produced decentralization |
and the destruction of property destroyed |
credit, and not law passed after the effect
were produced.
Now. we submit few questions b. every |
lawyer, iogician and philosopher, whether
all Just, equitable aud proper laws are not |
founded upon tfne. real and existing rela-
tiona. IL there - law in th, physical world |
which is not founded upon some existing re-
latiOn II time permitted, We could estab-
lish the position that every physical LAW II
founded upon true, real aud existing rela.
ton, We further ask Ii there any prcoept
Ia the moral law which IL not founded upon
some true and existing relation. The sanlc |
IL trne Of all laws, whether political, social |
or commercial, II they be just, and II moi
they ought not tO exist. VI
Thus the laws constituting the slave oodds
IaIt
lave ns property The destruction of thu 4
citation destroyed all the laws contained IA l
hat code, and founded upon that relatiotk /
nstancos innumerphle might be ndduduI |
The itst proposition then Is, that all lava 1
re founded upon certain existing rcationE
he secOnd proposition IN. that the destrilo3
ion of relations destroy the laws founded
'pon those relations 1t cannot be denied
hat the state OF the country aud the c0ndi.
non OF things before and since the war, are
lhc same. The laws therefore founded npon
The rclationa, the state and condition afl
lhnRH hnioro the war cannot be applied TO
he prescnt relations without manifest In,
ustice.
Contracts we're made upon the faith OIL
property then Ia possession Of the debtor
The Constitution of the United States and
Z the state guaranteed Ia the debtor his
light to life, liberty and property Credit
w kANfh mhnt upon tue tA-
'tence of the property aud the guarantees
{ the Constitutions of 10th the State aud
he United States.
A man purchases slaves, the right 10 which
guaranteed Ia him by the vendor and by
lc Constitutions OF the State and United
tates In violation of all these guarantees
Q II robbed of his property, but no law must
9 made impairing the obligation of CON
acts, and the poor debtor must pay up or ,
hat little is left sold ont for "a very slnall
nr cent Of Its value aud then have judg.
ents hanging over him, ready 10 sweep I,
way NIL that he may ever make He IN
Iado n miserable slave for life Now the re. q
ilt of the whole is this, viz; That whatev. n
of constitution or law II left, In all Had d
| behalf of the creditor and no protection, a
D and guarantees are left In behalf Of the
rhtor. 2 Tho debtors as a clase are by this Y
niuat application of laws which Onght TO {
. abolished with relations upon which they ii
~ founded, virtually converted into % great n
lsnrance company, securing creditors as
ASS, against all the damages of the war y
hey, aud they alone are responsible for all II
e property DESTROYED In the war. Had all n
'bts been paid before the war, the money, Z,
,groea and other property destroyed, would a,
lvc been In the hands of the creditors, aud u
ould have brought about the same result o
II the debts were cancelled Men have n,
} right 10 be held for the safe keeping Of "a.
'operty destroyed by unforeseen violence y
orr aRoR, ClNIS. u
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