The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-10-11
The Question Of Relief TO Debtors.


objects OF the call session of the Legislator,
is 10 extend relief ITO the debtor portion o
our down-trodden aud bankrupt communl
tyi" aud you are pleased 10 invite further
contributions ON the same subject wheth
er your Invitation embraces contributions Of
the same Kind only, or of all kinds which arr
likely 90 enlighten the Legislature as Ia
what they eau do, aud ought to do In the
matter, do not know; but all that know
of the Clarion, induces me to put the most
liberal construction upon IL. suppose,
therefore that your columns arc open to all
that can he said against relief laws, as free.
ly as to all that can be said In their favor
Now, rs the teachings Of experience are
the best upon all subjects, LET ns begin with
them upon this During the war Of 1872,
the Legislature of Georgia passed law for
the reliefof her debtors; not debtors 10 htr---
the State, but debtors to her own aud foreign
citizens, The reason assigned for this law,
was the relief Of the soldiers who were fight
ing the battles of their country. from mer.
ciless creditors ut homo. The law, with the
usual al cdptdndum preamble, enacted, that
when debtor (not debtor IN nc field on.
ly) should be sued by u creditor (not u cred.
itor ont Of The 6eid only, or In easy or aalu-
ent circumstances but any creditor old, IN.
digent, widow, or oripple) and such creditor
should get Judgment, upon the debtors pay
ing onc-third of the debt, aud giving seclI-
rity for the balance payable IN two equal an.
nual nstallments, of one-third each execu.
ton should be stayed until the last payment
became due, and unpaid Whether the law |
was passed over Governor Early's veto, or |
passed before he came into office. aud dc
nounced by him in one Of his messages aE
terwards, do not now remember, but do
know that he openly and oloquently opposed
IL, and that the grounds of his opposition
are somewhere among the archives of that
State. mention Gorcrnor Eariy because |
he was a man Of masterly mind and I'M
llinehing iirmness; ono who lived in the day
when the United States Constitution was !
framed and served in Congress with many I
who belpod TO frame IT, He was ono of the !
number appointed 10 conduct the impoacl- !
ment of Judge Chase, and his speech on that O
occasion was one of marked ability. but ri
one of those whirlwnds Of popular oommo. =
tion, which blind, and dcaicn aud madden ~ ~
men, was up in Georgia, and Governor Early, ii
with all his claims upon the Stnte,a and all the a
States interest in him, was voted out Of Of y
fee at the next election, 90 make way for y
one Of those whose leading characteristic II X
is, to 20 with the majority, right or wrong, 70
just or unjust II proved TO be bad =.
swap Of Governors for Georgia Iii
There was at that time no Supreme Court iii
in the State of Georgia but three out Of the q
four Circuit Court judges met aud nnnn- W W
imonsIy pronounced the law nneonstitu- m,
tiOnal The decision was drawn up by te,
Judge Berrien, afterwards Attorney General "a
md Senator Of the United States and one II,
nf the nblest Jnrists that ever graeed any fal
Bench or any Bar. IL was no sooner pub
shed, than the sympathy Of the debtors
'or the poor soldiers literally boiled over, .
md became somewhat alarming. At the OF
irst court In the county Of jasper, after the Tn
lecsiOn was made, the Grand Jury were M
and directed 10 retire aud vl
hoOse their foreman. They did no. but be- -
orc reporting him % the Court they passed WI
resolution, with but one dissenting voice, di
hat none Of them would act ~ foreman, M
lnless the Judge would pledge himself to | !, +;
nioree the Hthir,ling low" The disaentient -
was Doctor j. q. shorter, father of the Gov III
rnor Of that name, Of Alabama The fore pa
nan was u Mr. Moore. He appeared in or
ourt aud ~ what was coming, had leaked ID.
mt, the Court House wis thfOnged and the II
most intense interest pervaded the whole ru
ssembly I'll have 10 Inform your Honor" ed
aid Moore. "that will not serve as fore So
nam Of the jury unless your Honor will
romise 10 enforce the aIiibcating law"
Very well, sir" said the Judge. you nre
ned FIVE hundred dollars, and discharged Me
rom the Jury. Gentlemen, retire and A.
hoose another foreman The last man slIo
AL hardly entered the jury-room before they Az
Tere back again, reporting Doctor Shorter =
\ their foreman. Are yOu ready TO take
he oath, Doctor Shorteri" said the Judge "h
Yes, sir" said Shorter with boldBess aud TAX
rmness which plainly intimatcd that he cu
las ready 90 protect the judicial expOun- frie
eTs Of the law from the interference Of a.,
hose gnsty fre-kindlers, who would calmly
not gladly have seen the nOblest pillar Of '''
mr. political structure, erumble into ruins con
" a InOmentary respite from some pecuni- the
~ embarrassment That Judge was the ed I
ncle Of one Of the Justices of the Supreme tho,
ouTt Of this State I love 10 revive tho II
emory Of such men, and 10 transmit Ia
ieir surviving connections, the hon AsN
rs Of their lineage Thank God
ich men are not wanting IN This day aud best
this State. In every ease, in every court n
which constitutional questions have aris- "A
! between debtor aud creditor IN the State -.
Mississippi, from the days Of open repu- -''''
alton TO the present date, the judges have
arlessly asserted and maintained the ..
ithority Oftle constitution, In spite Of the
am0rs u the people, or the partial legisla- -,
on Of their less serupul0us representatives. '''
he higher honor u due % them for this. past
scanse they hold their Offices At the will Of era
sople expressed az shOrt intervals II j.
gful to see these noble champions Of our -
berty, our rights, our property and our visi
ace internally experimental upon for evil We
a body Of men ordained 90 be their cola
Drers in their sacred services. and bound lgy
solemn obligations ~ discharge this duty ( ,
they are II j. lamenfable. 10 see men -
ierting their ingenuity first, % emasculate ing
ie constitution, secondly, 70 encourage ant
gislative breaches of if, aud thirdly, - tvs
aplex and efnbarrass the judges in their ~,
agnaniInous efforts 30 support Il But b 1Hi
turn "a. our Georgia case You perceive nal
ZEN, Mr. "B 9. A." that your plan for HO
orking round constitutions. was tried aud VIII
fry yeas ag0-condebined lly -,
high authority as any State can produce.
Dd now q word or two upon the btnenolcaot, ing
ifriofism and sgmpafhg which produced the
birding law Il was for the relief II poor I