Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-06-27
For the Advertiser.

dreadful aPprchenslons, that now exist N Inc
minds Of the people, growing out of the indebted.
ness of the people and the recent decision of the
Court of Errors, declaring the Stay Law uncon-
slilutional. The Governor will, in all probabili-
ty, regard tho present embarrassed condition Of
the people Of the State, such an extraordinary
OCCASION" as will justify him in convcnins the
Legislature to consider of, and determine upon,
the measures necessary for the relief of the pco-
pie. There seems to bo no diversity Of opinion
Us to whether the Legislature should be convened.
relios to be afforded by tho Legislature, when
convened, there is q great diversity of opinion.
The all-absorbing topics among The people of
the State of South Carolina at present, are the
question. os the Indebtedness Of the people, and
how they are to pay their debts, and at the same
time keep their lands, and other property sudi-
cicnt to enable them to support themselves and
their families These are the questions to he
considered by tie Legislature when it meets, and
upon the wise AID proper solution of these ques-
tons depend tho future welfare and prosperity Ct
the people of South Carolina 1t may be safely
asserted, that questions of more vital importance
were never submitted for tho consideration of
any Legislature.
propose, Mr.. EDITOR briefly to consider these
questions, and to suggest plan by which the
people of the State can be relieved without inju-
ry to any one and consistently with the principles
Of Honor, Honesty and Justice. And, although
lifelong to that race of "harpics" which comes
in for so large share of the vituperations of
your correspondents "RUsrIc" and "CoKE," l
am prepared to maintain that even lawyer may
be patriot and weT wisher to his country, and
that to be so it is not necessary to sacrifice every
principle of honor, honesty aud justice. 1 can
also readily perceive how the Judges Of the
highest Judicial tribunal Of the State Of South
Carolina eau we'll .and faithfully discharge the
high, honorable ;aSd responsible functions Of
their Office, und yet differ in opinion with you:
correspondent "CoKE."
For the purposes Of this discussion, it is neces-
sary to premise that the people are divided into
two classes, the Creditors and the DebtorS-and
that both these classes need and are equally en-
titled to relief and any plan that relieves the
debtor at the sacraGcc Of the rights of the credi-
tor i, unjust. Every plan that has been suggest
ed as yet, so far as I am informed, proposes to
relieve the DEBTOR in utter disregard of the rights
of the creditor. The Stay Law is Of that charac-
ter. The reputation and armed resistance to the
Sheriff plan of Rustic" is so obnoxious to the
law-abiding citizen, that 1 apprehend but few
will be willing to adopt that plan. God forbid
that the time shall ever come in South Carolina,
whom the people will regard the executive officer
of the law, to which all good citizens look for
protection, ms an enemy, to be put down by armed
force. There is nothing so terrible to the law
abiding citizen as mobocraey.
premise in the second place, that the pecu-
mary condition of the people Of the State, is such
as to demand that the Legislature shall provide
some relief to the people; and that in this trying
emergency, if it fails to provide remedy some.
f. what commensurate with the evils to be remeded.
it will fall short of its duty. Tho people are not
able to help ono another. They are too poor.
The creditor is not able to extend indulgence to
his debtor. Every man who has money owing to
him feels and knows that he needs it. In thousands
of instances the creditor has nothing but the bonds
and notes of his debtor, as the representative OF
his entire means In many instances these bonds
and notes were given for lands and real estate.
The debtor remains in possession of this real
estate, on which he lives with his family, per-
haps in luxury and case, while his poor creditor
perhaps has no land, and really has nothing but
the bond and notes Of his debtor, and having
not where to lay his head, or his wife and children
are in beggary and want Although his bonds
and notes may represent thousands he cannot get
credit for dollar, even from bis debtor, who is
in possession of the identical property for which
the bonds and notes were given. Can it be said
that the creditor can relieve his debtor under
such circumstances And who are the mon who
are most clamsrous for Stay Laws and repudia-
ton? Are they not those who have bought prop
erty and owe for it? Are they willing to give up
the property which they owe? No, that wsuld
ruin them and distress their families. Arc they
willing to pay any part of the consideration for
it, to enable the poor creditor to live, and to sup
port his family and educate his chrildron No,
thcy prefer to wait and see what the Legislature
will do with old debts. This is the real conli-
tion Of large proportion of that unfortunate
class, the creditor. 1t may safely be asserted
that th class of the people have suffered ns much,
or even more, than others by the results Of the
war, and need relief as much really as tho debtor
class. On the other hand, in many instances, the
honest, conscientious debtor feels and knows that
he is unable to pay what he owes. lie feels the
full force of his obligations and regrets, honestly
and deeply, his inability to pay. lie knows that
tho payment Of his debts now, will involve the
ruin of himself and tho certain suffering of his
innocent wife and children. His wife and children
perhaps have been accustomed to wealth, luxury |
and case. He is perhaps an old man, borne down
by tho weight of many years; his wife is inirm
aud unable to help him if he pays his debts he
will have nothing left and the idea is appalling
to him. Despair is tho necessary consequence.
His creditors are straitened and cannot aid him
even by indulgence, which they would gladly ex-
tend to him; but delay Of payment involves their
ruin and that of their families. His inability to
pay s not owing to any fault of his but it is the
leSltlInltc Tesuit VI tuc uStoh VI ho uofeiHniShtJ
which owes him protection. He is the victim Of
circumstances entirely beyond his control, and
for which he can in no -ense be held individually
responsible And shall he have nu relief? fes
justice and humanity demand that he be relieved.
But it is not just that ho should be relieved at
the sacrifice of his creditor. His friends arc not
able to help him, because they arOin the same
condition as himself. The law affords him no re-
lief as it now stands. BY tho ordinary remedinl
of the law, unless he can get MD else
where, I" he must go to tho wall"
Then whence must come the desired relief? I
answer from the State. Tho State is all tho peo-
ple of the S.ate-creditors and debtors. And nj