The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-09-20
The Intelligencer
is PUBLISHED WEEKLY
AT $3.50 PER ANNUG,
q.
IN o. S. CURRENCY.
To Debtors and Creditors.

since the advice is equally applicable tt
this section. The relations that exist il
law between the two classes Of the com
munity are clearly set forth, while the re
lations that should exist in these peculiar
and trying times are most forcibly pre-
sented in the address, which we copy from
the Atlanta hatczligencer:
Having gone through with my instruc
tion in reference to your statutory duties
I beg leave to call your attention to q
subject which, though not among your
prescribed duties, in my Judgment deep,
fy concerns the morals and prosperity ot
our people, 1 allude to the relation OF
debtor and creditor as it now exists in
this State. And that I-may not be mis-
understood, nor misreprescnted, | give
you whatsI have to say upon this subject
in writing.
1t requires no prophetic eye to sec that
the feeling now being engcndered between
the debtor and creditor class (unlcss a
course of conduct different from that now
being pursued by both parties be adopted)
will culminate in deadly hostility, in law
lessness, and in serious injury to the agri-
cultural interests Of the country.
On one hand, tue debtor, whose prop
erty consisted principally in slaves, and
who by reason of emancipation, is not
now possessed of property sufficient to
discharge his pccuniary liabilities, feels
that the action Of government has relieved
him from all moral obigation,- and is,
therefore, indifferent as to the payment
of his debts.
On the other hand, the creditor seeing
this Indifference, is, in most cases, proceed
inc to obtain judgment, so as to be ready
to enforce the collection of his debt to
the extent of the debtors assets, when
ever the law shall allow him so to s!'.
This course of conduct by the rr>'e~
tive parties brings about mutual charges
of dishonesty and unfair dealing, and
must, if persisted in, eventually lead to a
state of things, easily imagined, hard to
be depicted, and greatly to be deplorcd.
propose, briefly, to establish the pro-
position, that in all cases ot%debts con-
tracted prior to the first day of June,
1865. where the debtor has not q sufii-
cheney of property to discharge all his lia-
bilities, without leaving his family COM
paratively destitute, it will be to the in
terest Of the debtor, to the interest Of the
creditor, and for the good Of the country,
that there should be compounding be-
tween the parties at once, they taking for
thoir guido the rule Of conduct prescribed
by Him who spalc as never man spoke,
viz: GAS ye would that men should do
unto you, do you also unto them like
wise"
First, then: VIE it be to the interest
of the debtor? 1t is clear to my mind
that the planter who finds himself with
out suficency of property at fair val
.uation, to pay off his Indebtedness now,
cannot reasonably expect, under the pres
ent labor system, and with heavy pecuni-
ary liabilities hanging over him, to better
his condition in the pursuit CT his former
vocation, and without capital he cannot
embark in any other business. 1t is not
human nature for q manto beindustrious
and energetic with judgment liens against
him beyond the value of his property.
He is constantly expecting the officer OF
the law to take the last luxury, if not the
last comfort, from his family. He be-
comes unnamed, useless tohis family and
to society. 1t requires no heightened ar
rument to provo that debtor thus cir
ccumstanced will have more left by. COM
pounding with his creditor now than he
will have by waiting for the end OF the
law; for 1 am fully persuaded that there
are but few creditors who, when properly
approached by the honestdebtor, will not
be willing to compound upon liberal terms
taking into consideration, if you please
the losses of himself and the debtor by
the action of government in aboiishng
the institution of slavery, and the ratio
which the debt bears to such losses com,
pared with the property left to each
You may, among creditors, now and then
find "pound of flesh creature" who
will be unwilling to compound upon any
terms, but he will be the exception, un
less am much mistaken in the spirit per
vading the creditor class, as also their in
telligence in understanding their own i'll
terest
I'd. Will it be TO the interest of th'
creditor? Every lien obtained diminlshe
the assets of the debtor to the extent o
costs, at least, and takes from the cred
itor the collecting commissions. Although
the State has no bankrupt law, and ma.
not have constitutional power to pass on
affecting contracts made prior to it's en-
actment, it is almost certain that Con
gress will very soon pass q general bank
rupt law, in which they may, as the,
have the power to do, in the distribution
of the assets of the bankrupt, put al
debts on the same footing, in entire dis
regard of local liens; but if such law
be passed should give priority to liens
the expenses of the proceedings IN 6anb
ruptcy must necessarily take preceden,c
of evervthins else, and JUDGING from tn