The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-10-03

OF MS cceolCorS, or II IL De QeSmeu moFS
acceptable to extinguish their remedyJ
upon his giving up his property, without
impairing the obligation of contracts IN the
sense of the Constitution Of the United
States" -, -..-. ill.,. .. s...:,.. , (. 80,
Although I have found that there is ..
difference of opinion amongst judges and
lawyers upon this question, I think the
weight Of the argument is m favor Of the
proposition, that the State has the right TO-
mass insolYent or bankrupt laws having the
operation, in it's fullest extent, which the.
resolution proposes. There is no bankrupt
law of Congress now m force, and If the
view taken be- correct, this Legislature is.
free to- exercise the power. The next
resolution proposes to abolish imprison-t
ment for debt. The 4constituti onalitg: OF.
such q measure cannot be called in question.
All the authorizes concur in this view.
The point has been expressly decided in
this State, in the case of Lowden vs., Moses,
reported in Sd. MeCord. Imprisonment. for
debt is held to be no part Of the law OF
contracts. It belongs to what is called oy
LAWYERS the Lex Fori, and can be altered or
abolished by the Legislature without viola
ting the provisions Of the Constitution pro-
hibiting the enactment Of laws impairing
the obligation of contracts, and. in the
application of the principle no distinction IS
drawn between prior and future contracts.
It operates upon contracts made before the
enactments of such law as we'll as those
entered into afterwards. It is therefore
purely question Of expediency, whether
this relict of former age should not be
stricken from our code of laws. 1t appears
to me that this is an opportune time Tor
abandoning this harsh and stern principle
derived from the common Law, q principle
which had its origin in less enlightened
times and which, though modified and 'soft-
ened by the influences ola higher; ciViliza-,
ton, is still enforced against unfortunate
debtors. It is the same principle that we
find announced in the curious opinion OF
one of the judges of England, viz: 'lf q
man be taken in execution and ne lie IN
prison tor debt, neither the Plaintiff, at
whose suit he is arrested, nor the Sheriff
who took him, is bound to find him meat,
drink or clothes; but he must live on his
own or the charity of others; and If no
man will relieve him, let him die in the
name of God, and 80 say ~ Let US wipe
out from our Statute Book what is left of
this principle, and conform our laws to
the spirit of more enlightened age. Now,
when confidence is broken up, the best men
are exposed to arrest and imprisonment on
account of their misfortunes. Let US amend
our laws so that no one may be deprived Of
his liberty except for crime. This is all
that an enlightened morality demands. >
This resolution proposes to enlarge ex-
emptions of property from levy and SALE.
The exigencies of the times require that
our law should be amended in this respect.
The exemption of portion Of the debtors
property upon his surrendering his estate
in payment of his debts is q humane pro-
vision of the law. While South Carolina
has many laws end institutions which com.
mend themselves to our judgment, she has
dealt hardly with debtors. The property
now exempted is a mere pittance-a COW
and calf, tools of ones trade, few articles
of household furniture, and ten dollars WeEth
of provisions, but humanity and justice
demand change to meet the distress which
every where prevails. If practicable, l
would extend exemption to the homestead.
and q sufficient number of acres Of land to-
support the owner and his family. BY the
stroke OF pen Republican President has
blotted out TWO hundred and eighty millions
of their property. The State and people
have submitted to it; and now l ask IN their
name that the Legislature shall secure to
them a remnant to live upon the remainder
Of their DAYS. Our Legislation heretofore
has been too much on the side Of the credi-
tor. But where great corporations are IN
yolved, different principle is sought to be
established. I see a petition on our tables
asking that the stockholders of banks be
relieved from liability for, the bills, which
thew are unable to redeem. sympathize
with them in their losses. / am willing to
90 as far as any man in extending relief to
them, because they acted, nobly during the
war. in sustaining our credit, but am not
in favor of class legislation, which leaves
the great body Of the people without relief.
The third resolution proposes the post
ponement of the remedial process OF the
courts for the collection Of debts: Inc
qualification restricts the proposition to snch
LEGISLATION as will not conflict with the Con-
stitution of this State, nor of the O9lted
States. Ifthe courts can be postponed; or
the times of their sitting altered SO as to ae-
complish tn, end desired, without eonficans
with the constitutional prohibition aga!hs8
the enactment of laws inpairingt the oohga-
ton of contracts, wewill then nave S1eeFeo
clear of the principle, decided in the late
case before the Court of Errors in Wnich the
Stay Law was pronounced unconstltas'onaI' h
I acknowledge the obligation imposed upon ,a
legislators By the Constitution, and 1t IS our
6,tv ~ confine our action within the scope