The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-09-26

occupying the position Of mortgagor and
mortgage. The former nav lose his
property hy fire, and the latter, the great
sr part Of his debt, but tv giving time to
his debtor, the property becomes improv
ed, circumstance ere improved and even.
sua'ly the mortgage secures the foil pay .
| ment OF Lis debt.
Again. 1t has heen said that the STAY
Law enacted in 1861 has aggravated ,hs
evil complaiued Of. and led TO the accu
mutation Of debt. whereas If il had no,
existed the people would have paid their
debts. This argument proceeds from TWO
great mistakes first, that agriculture paid
barge profits duSing the war which denv:
contend that The planters realizrd scarce
ly nothing during that time The cult.
Va'ion was restricted Heavy Taxation
was imposed BY the State and general
government; large contribution. were
| made, and after this outlay and the OK
p'uses Of the plantation had been mo,
there was no'hinC lef, with which In psv
Debts affirm It asa general proposi,
ton that no planter who did lis duty re-.
slized ANYTHING during the war. No: air.
the men who found ,hemselve. in nos
session Of bushels Of money n, the cIosa
OF the war were the fortunate specula,
tors; while the little cotton raised bv plan.
ters wen, TO paw expenses, and the corn
to supply the army.
Again. Shortly after tho beginning Of
the war the currency which wa. then our
6h'y circulating medium began TO dnpre.
cla'e fapid'v and creditors becotnino
alarmed. refused TO receive il in payment
Of debts. and Hfer 1902. IT was al,oge,h
er rejected How then could the deh,o-.
'eaIizing only Confederate money. which
was refused by his creditor expec, 20 pa,
his obiiga'iousl
such being the condition Of affairs. the
Committee having the subject in hand.
have proposed measure which contem
p'a'es the pos:ponement Of the courts -
TIL" terms OF our courts begin on the fire,
Monday IN October. and continue Tor SIX
weeks. It, is proposed to continue these
terms until the next regular sitti, gs Of the
courts in the Spring. And 7 submit, ,ha,
so 'hor, an indulgence cannot possibly sf
lee, he relation Of deb,or and creditor
i may be said that i, 10 uncousri,u,ion,,
This Is the rock which according TO ar
gument We are constantly driving At, hu,
sir, this thing has been done time and
again. The sit,inss Of courts have been
altered before. and nobody conceived an
idea OF unconstitutiona!iiy. II will he
said, You are accomplishing indirectly
VIA, you have not a right 10 accomplish
directly, We, having the power, MS con
tend. to alter the time OF holding the
courts. the latter have no riyht TO enter
in'o discussion Of tho motives which
"c,na,e this body
Sir, / take the broad ground, no,with
standing the high authority to the con.
trary, that the femedy existing at the
time the contract is made, is not a par.
Of the contrsoG.
II II be part Of the contract then all
the laws in relation 10 remedies mus, be
part Of TIE contract. You cannot sep
"rh'c one from tho other. Yet il is con
cedei that The statutes of Limitation do
not enter INTO every part Of the contract.
They may lie changed, altered, repealed
80 II Is with the law which authorize. The
imprisonment Of the debtor. We have
therefore portion Of the remedy which
does not ener into the contract, IL ia at
tempted TO asoid this position ny stating
the proposition in another form, namely,
by alleging that all contracts are made
with reference 10 existing laws as n RENE,
dy. The answer ihat applies to one, may
With equal force be applied to the other.
admit that the contract implies RENE
dy, and that the legal obligation Of the
con,rSc, would he entirely operative upon
the debtor. but this does not imply ,ha,
the party is entitled to all tho remedies
existing a, the time Of making the con
tract.
As 10 the bin under Consideration the
qneaiion is. whe,bs, II will secure the
Gods Of justice. We contend that il is
sdeqas,s to all the purposes for which &,
was created. We saw to the crsdi,or. i.
sne your writs to enforcs your conirsc, AT
the ner' spsihe term Of the Court. IN.
measure Is simple one. Il ia a con.ti
ta,iona' one; IL oseds 20 explanation. be.
cause il does no, destroy the operations