The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-15

interest, uas q lengthy article on "re
liefm parEof which we give below
The subject was discussed in the Cla-
rion a few days since, and will be re
verted to again;
The extent to which State legisla-
ton may relieve debtors without mod.
flying or interrupting judicial RENE
dies to the detriment of creditors. has
long been mooted question among
lawyers which in this State has hereto
fore hafiled all attempts 1t practical so
luton. Yet occasions have more than
once occurred in our history when, as
generally agreed on all hands, the in
terests alike Of the debtor class Of the
lcreditor class have called for a pru-
dent aud equitable modification Of the
ordinary processes in the judicial cql-
lection Of debts. Where creditors III
also debtors and feel the need Of
same relief from instant and o.
whelming pressure which Is desired BY
their debtors the common inrerest Is
too evident to require special assertion
or argument. IL will be admitted bv
an that when n portion are rianously
presseos the calamity is self generating
and must festalt~a. last In aniepidemic
OF pecuniary and commercial disasters.
The situation here iA<liaassesesi
ponds in a large measure with con
dition OF affairs now existing in this
State, and, indeed, throughout the
South It is true, however, that this
picture does not apply to great part
oil our rural population. For many
reasons which are obvious To every in
telligent observer, and which, having
often been discussed, it is needless To
repeat, the mass OF Louisiana planters
and farmers have bills payable falling
due, or past due, accommodating upon
thelr Strengthened assets, almost as
thick as autumnal leaves, while they are
about as bare Of bills receivable as
deciduons tree Of leaves after the frosts
OF Siberian winter have done their
worst. Nevertheless II would be well.
mol Tor them only, but for the interest
OF their creditors, and for the pros
perity of the State, if the law could.
without material injustice in any re.
latlon, so temper the general pressaY
upon them that they will not be pre-
eipitated into general ruin. In that
event, their property, forced to sale \,
simultaneously in bulk as it were.
would be sacrificed at insignificant 4
prices, their creditors would lose In
proportion to the sacrifice, agriculture.
which they mainly represent would
Tall into worse confusion than now
and commerce would experience in
sui greater, perhaps in a disastrous
iegree, the discouraging and par
llylng effects of uncertain and al.
crops. Voluntary forbear.
lnce has done much to supply the alb
'ence OF legislative relief. But there
IRE many and painful exceptions
where there has been no such forbear-
nnce, ana where perhaps 1t was made
impossible by circumstances which
only the law could have controlled.
Besides, in period of revulsion
and panic, men lose the moral power
Of acting with deliberation and in con
cert; they are unable prudently to
consult what is best for their indiyid
Iai interests or for the common good.
Zach PUSHES on and strikes about
'lindly and desperately, though he
nay be going in a road to ruin, and
hougi every blow may recoil upon
imself Hence 1t would assuredly be
ldicious, lift were practicable, to pro
Idle by timely legislation against
ie mischieyous consequences in
ldent in such cases. The
reat difficulty in this respect
as been to mitigate the process of
oilecting debt MS regards the debtor
ithout debarring tho creditor Of his
'medy or impairing the obligation of
ie contract All Legislation suspend
g execution Of judgment has beer
1en to this fatal objection. The Sus
'eme Court Of Mississippi has set
ide an act Of the Legislature for the 4
hei OF debtors, on that ground. The
me Legislature, however, at its re-
mt called session, passed an act look
to the same object, but framed
th great caution an ingenuity with a
ew to the avoidance of obstatcles
posed By both the State and Federal
'nstitutions The purpose Of this
= = - N't.ANNS ia NGAA&Alu PARTICULARS.
method OF executing judgment for
bt II provides that executions shall
me successfully for four annual in
lllments--unless the debtor other
se consents--preserving in full force
the meantime the Ellen" of the
igment and giving the creditor am
means 20 protect himself against
fraudulent acts OF the debtor.
This extends the period Of judicial
lection perhaps about two years
lger than the present average time.
! II does not suspend final process
interrupt gradual collection OF the
Dt And It is hoped By the friends
the measure that II win Affect in so
'ppreciable degree the Constitu-
nal rights ofthe creditor Is to rene
or obligation, that both State and
derai Courts will deem that there is
substantial reason for multiplying IL
I,he frouhfo IL MarrrIon1 ,,I.fs.c -