The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-09-11

assignment, giving liberal credltorst tho pre-
ference, or by voluntary confession Of judg-
ment
Believing that no Stay Law can be pass
cd, embracing antecedent debts. that will
not conflict with that clause of the Consti.
tuition of the United States which declares
that mo State shall pass any law impairing
the obligations of contracts" !" respectfully
recommend for your consideration for the
relief of debtors
lst. That Imprisonment for debt, on
ntcsne and final process be abolished, except
in case Of fraud; and then, as n punish
'mcnt for the crime rather than as means
of enforcing payment of the debt.
2. That no cost be taxed against defend
ent either for the officers of the Court OF
for the Attorney.
3. That the lnsolvent Debtors Laws be
so extended rs that any debtor may, by pc
tition, after due notice, summon in all his
creditors, and upon assigning his estate and
effects for their benefit; be discharged from
all further liability, not only TO sucing but
to all other creditors. Being thus relieved
from the in ,ubus resting on him, the honest
alacrity and prove himself useful member
to society.
The Congress Of the United States has
authority, under the Constitution, to pass
uniform laws of bankruptcy; but there is
no prohibition upon tho States, and rs Con-
grcss has not exercised the authority dele
gated to them, the State may, with great
propricty pass such laws--.and they will
continue of force, until Congress adopts
general bankrupt act-which would supcr-
cede all State legislation on the subject.
The General Bankrupt Act of 1841, pass
cd by the Congress of the United States,
extended it's provisions to antecedent debts,
and its consttutionalty was not controvert-
ed by the Courts. No constitutional obs
stacle, therefore, gould preclude the Gene
raj Assembly from Incorporating the same
feature in their legislature.
1t is proper here to remark, that if q Stay
law could be passed which could be Sfeo
from oil constitutional objection, it would
not protect debtors from suit in tho
Federal Courts. A creditor residing in tho
State who had determined to enforce the
payment Of his debt, could readily transfer
it to nonresident, and if the sum exceed
ed five hundred dollars, such nonresident
could at once institute suit in the United
States Court, recover judgment, issue exc
cution and sell the debtors property not
withstandmg the existence Of the Stay Law.
Such law would not be recognized or en-
forced in Federal Court
The complete disorganization Of the labor
of the State in 1855, resulted in the produc-
tion of very short provision crops; and to
supply the deficiency, large quantities of
breadstuils have already been imported into
the State, at enormous cost. The imper-
feet organization of the system of free labor,
and the unprecedented drought which has
prevailed during tho months of July and
August. throughout the State, as well as an
nm llyc oh, ,.,s,on Jo.ln
gloomy future for the people for the next
year. Coming as yeu do from every Dis
trict yuu have hcmcans of making an es,
innate, approximating accuracy, of the ex;-
tent of the failure of the provision crop,
and what amount Of supplies will be needed
to, save the poor, dependent and helpless
from starvation invite your earnest and
prompt consideration Of the subject.
Sound political ecopomy ordinarily con-
demns the feeding population by the Gov
ernment, as the inevitable consequences are
OF increase idleness, pauperism and crime.
But where the provision crop of whole
country is destro; ed by blight, or where
productionis susr pended by long continued
Drought, and the deficiency is traceable to
these causes rather than to the ideness
of the population, humanity and sound poll
cy alike justify the Government In lending
or giving its means to save the people from
starvation-to arrest that inereaoe of crime
which want always produces, and to stay
emigration to more favored localities, The
present population is insufficient to till the
soil of the State, and to develop its resouro-
es; and tits high duty Of tho Government
to remove, as far as possible, the necessity
for emigration beyond its borders. The
embarrassment Of supplying food for the
needy win be greatly increased after the.
first of October, when the Freedmen's Bu-
reau will cease TO issue rations for, the indi-
gent and helpless'whites and freedmen, who
have been heretofore furnished with subsis-
tence. You may find it necessary to in
crease the powers, duties and responsible
ties of the Commissioners Of the Poor, and
to organize such bodies in all Districts of
-the State. In most of tho Districts, land
and buildings have heretofore been acquir-
ed and erected for the whites, but they
must be enlarged, 80 as to provide accom-
modations for pauper, idiotio and helpless
freedmen. 49, I
The failure Of the Board of Commission
ers Of the Poor to provide for the helpless,
Ia as0reat crime a0ninat hmm aniE0 and oil