The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-10-03
Tie late Act of Relief for Debtors.


Tie late Act of Relief for Debtors.
The extra Session of the Lcgisla.
turc was called by the Executive for
two specific purposes Neither of
these was that to which most of the
time ofthat body was devoted. The
pressure from their constituency innu-
cnced the representatives. of the pco-
pie in their oficai capacity, to discuss
aid lnally pass upon measures of lo-
relief to the financially distressed.
The Governor, in his first message,
plainly expressed his acquieseonso in
the decision Of the Court of Errors on
the oonstitutiondlity of tho Stay Law,
but recommended some mode Of relief
to which thcro would not be tho same
objection.
When tho Legislature met, it was
very soon evident that there was less
disposition t5sact upon the measures
mentioned in the call for The extra
session, than upon such as promised
rclicfto the debtor class Of thc State.
Various schemes wcro devised for
this end. Tho judiciary and the Ex-
ecutivc Departments of STATE Govern
mcnt had pronounced upon certain
Acts OF tho Legislative Department,
and yet there was voico from the
constituents crying f,r aid to defcnd
tho debtors from tho legal attacks of
the creditors. That this latter pres
srro was considerable, no one who
watched the proceedings rt the extra
Session of. the Legislature could fail 20
discover. Whether it wcrc well to
heed that voice in this particular in
the manner already made known, is a
question tho Importance of which tho
present cannot determine.
Between the demands of the Con-
stitution and thosn.of tho Constit,cn-
eY, it woe the lot Of their representa-
tlvcs to fall upon trying times. Whilo
there was u universal disposition to af-
ford rcliot to the debtors there was no
way known by ywhich it cpulG be effect
od without running afoul ofthc cnn-
stltntional obs,;',t;iohr Finauy n
scheme was devised against which, IL
erally, constitutional objections coul:
not be brought. The tricnGs of this plan
challenged their opponents to pcinv
out one Objectionable feature on that
score. Some Of these latter yielded
, that point, but doubted the oxpedicn-
cy or policy ofsuch measure, but at
tho samo time challenged tho advo-
Gates of the scheme to. deny if thcy
could that this plan was intended to
effect that very end for which the un-
constitutional Stay Law had been
adopted, and was therefore doing bv
indirection what thoy feared to do d.
rcctly. Tho only reply to this was,
that those against tho bill had no right
to 60 behind tho record and impcach
the motives Of tho friends of that bin.
Strange legislation When forced
constructions Of tho Constitution arc
seriously put forward, it is, to say tho
least of it, very disingcnuous lcgisla-
ton.
Section twcuty-sccond Of the first ar
ticle of tho Constitution says,
"Every Act or Resolution having
the force of the law shall relate to but
one subject and Mat shaN6e oppressed
IN the tile"
Mark tho words italioised. This
Act of our Legislature now under cons
siaeration has plainly a literal consti-
tuition support, but it is rather far
fetched. \ violation of one clause of
the Constitution is made to appear
constitutional by being cloakcd with
another clause Of the Constitution.
But tho great objection is not so
much against the Hisirgcnuousncss as
against the tampcring wi,ha principle
ofvital Importance. But Of this again.
Tho Suspension of Courts.
Wo will piyc tbo rrionJs 90 49,