The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-01-18
The Debate I'm Congress on tho Sta
tutc OF Limitations.

on Tuesday last, on the memorial of
the New York Chamber of Commerce,
through Mr. Wilson, Chairman of
the Judiciary Committee, who said:
I am instructed by the Committee
on the Judiciary to report back
merce of the city of New York, and
to ask that the Committee be dis
charged from it's further consideration.
| [ desire to state the reasons for the
action of the Committee. It is a
memorial asking THAT statute of limit
ations may be so amended as to sus-
pend action during the time of the
existence of the rebellion, in order
that the citizens of the loyal States
may not be barred of their right of
action against debtors residing within
the rebellious States. During the
thirty-eighth Congress, 1 reported
bill from The Committee on the Judi
ciary, which passed both Houses and
is now the law, and which reads as
follows: THAT whenever during the
existence of the present rebellion a!ly
action, civil or criminal, shall accrue
against any person who, by reason of
resistance to the execution of the
laws of the United States, or the in
terruption of the ordinary course of
Judicial proceedings, cannot be served
with process for the commencement
of such action on the arrest of such
person, or whenever after such action,
civil or criminal, shall have accrued,
such person cannot by reason of such
resistance of the laws or such inter
ruption of judicial proceedings, be
arrested or served with process of the
commencement of the action, the
time during which such person shall
SO be beyond the reach of legal pro-
cess, shall not be deemed or taken as
any part Of the time limited by law
for the commencement of such ac-
ton
In the opinion Of the Committee on
the Judiciary, this Act covers the
ground embraced in this memorial of
the Chamber of Commerce, so far as
Congress has the power to respond to
the prayer of the memorialists.
Mr.. Conkling-I ask the Chairman
of the Committee on the Judiciary to
state to the House what, in his OPT
Mon, is the effect of the statute which
he has read III staying or keeping
alive remedies In the State Courts of
rebellious States between the citizens
of New York, for example, and citi-
zens residing in those States. Ihave
my own views about the nsktery End 4
L doubt not he has h;.a. -
1ffss0l1, of Ohio-The Com
mlttce nre of opinion that the latter
part OF this statute is as broad as
Congressional enactments could pro-
vide.
Mr.. Conkling- How broad is it?
What is the effect of it?
Mr.. Wilson, of Iowa-The Ian
guage OF the statute gives it better
than any construction / can give.
The time during which such person
shall so be beyond the reach of legal
| process shall not be deemed or taken
as any part of the time limited by law
for the commencement of such action.
The point believe to which the gen
tleman seeks to direct my attention,
IS this: whether this statute will pre-
vent the operation of the statutes of
limitation of the States in relation to
actions commenced in the State
Courts. | am not prepared to say
that it will go that far, nor was the
Committee prepared to say that we
could provide by law that the statute
OF limitation i'll State could be sus-
pended IN its operation upon actions
brought in the State Courts by Con-
gressional action. The remedy which
seemed to be sought by the memo
rlallsts was this-that citizens resid-
ing, for instance, in the State of New
York, having claims ag ,inst persons
residing in the State OF South Caro-
lima, might have their remedy in the
Courts of the United States, without
being barred by the statue of limita-
tlons III force during the existence of
the rebellion. In other words, they
want the statute of limitations sus-
pended during the period of the
rebellion. We think the law now
does this. We did not specially con-
slider the question as to the poxer of
Congress to suspend the statutes of
limitation of the particular States,
and prevent their operation upon
actions brought in the State Courts as
distinguished from the Courts of the
United States held within those States.
l think, however, and in this the
Committee concur, that where the