Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-06-01

'S VIC "ie ho" P"ss'hS, ana assnnS1ng those
unavoidable evils which are Threatening to en-.
gulph the country in IN abyes of RUN. Upon
the creditor especially we would call, to exercise
towards the unfortunate debtor that mercy
which "beconeth the throned monarch better
than his crown"
MR. EDlroR: Being in Columbia, in attend
ance upon the Appeal Court. when the question
OF the constitutionaIity Of the Stay I,aw WAS
submitted for tine consideration of the HIGHEST
judicial tribunal Of the Commonwealth, it hos
occurred to that brief reference thereto
might no. be altogether without inl lerest TO tine
good people Of our District. .ilTTss::
The question was urgued gseAG5urt of
Errors, which consists of tho Whale judiciary Of
the State. the Judges Of the Appeal Court, til.
Circuit Judges Of the Courts Of Law, aud Chan.
cellors Of the Courts Of Equily-cleveu in NUM-
Der. presided over by the Chief Justice, ami
whose province it is amongst other things, to
hesr and determine oil Questions urisiug under
Our own aud the Constitution Of :he United
States.
rule was served upon the Sheriff OF the
Distrirt OF Charleston, requiring h,m TO show
cause why he had not executed legal process
placed in hs hands. In answer to the rule, for
cause, the Sheriff alleged the Stay Law, under
and by virtue OF which he was prohibited from
serving any process whatever for the collection
OF money The Circuit Judge, A. P. Aldrich,
discharged the rule against the Sheriff upon the
GROUND that the enactment of the Stay Law wns
not III violation Of any OF the provisions of the
Constitution, and, therefore, To be obeyed by
tho Sheriff: From this decision on Circuit by
Judge A'dfich, All appeal was taken 10 the Court
oi Errors The appellant was represented by
DIR. Lord, lawyer Of the city Of Charleston :;
the appellee, the Sheriff, wss not represented
by any one. The argument Of Mr.. Lord was
written, printed and distributed before the sit=-
ting OF the Court, aud wns lengthy. learned and
able. In connection with this, another case,
from different District, was heard, argued by
Mr. Spain upon the one side, and by General
1Iarlles und MIR. Sellers on the other. In this
Instance, the contract WIS entered into in Octo-
Der last, and was in relution 10 the pur chase Of
cotton. Itwas alleged that it was such d con-
tract as was not embraced il the Stay Lava
contract tho enforcement of which was not
prohibited by the Stay Law, aud it was upon
this point that the contest was mainly waped.
The argument in this case. pro and con, as to
the constiutionaty Of tie law, SO far as il went
was also most lucid and able bu. not SO much
Ia erts"so as it would havo been provided ,he
case hao presented the one siuglo point. The
nearing OF these two csses occupied the larger
part Of two days-Thursdsy aud Friday-apd
Friday afternoon and Saturday were consumed
,oy the Court IN eon~vllaton. In the case OF
mr. Lord a conclusion. was readily attained bv
.ae Court, with but one dissenting voice, and on
Htohaay morning following, it was apnoun-ea
~ me Chief Justice that ths Stay Law VIVA
held to bs in violation of that Article Of ,bs
consultations OF the united States which Dro,,ib-
."Sshe Legislatures Of the States from passing
laws *impaisipg tho, obiisation OF eoaty.c,. i
w"n notice thst ,he reasoning Of the conr
YOU'D be 6!sd at an early day, and thu .t.,a.
nens Of Judge Aidrith' ;iI,at' he di.ssn,.a "a
Would also place his pin. pin.oaa II on Gle. 8 M. q -
Ns. s we ordered. for rsargumsht Ii the sRin,sr.
aa ..a, hoped thHt the coait ~ oiild have doas
- ae ssae q. .Mr Lord Hi,s. j. did a.. 10 tbe
'olee,sf !. y ;f9 snethy hearing ii: De
HtAi..; lnass we .ebnf dsntiy bsfsyed ib.,
would be It's eops.e. Whshf Ss skW lid Ssnnsliss
in bis esss. ,nIsptssested ID Gosrt: rs .heaa.s @
this good excuse ff So doins, This sosr.s. -
The part of tbs Coaft. ID d.Irsd ss;sna.is ~
iitsd ier siak4 of the Sayhsr rsp5ss s6is mi.
stads.ef Abe sonntf ss ~ unsftbs n... .s,,.
nlsr ssssich She Genafal Assenbly. bu,5 fas
scenft az rsssoas ss have no dopbs sstlss ,ory
to Itself ooneeivsd tito be-. is duty at once 70
nm xs4-