The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-11-22


upon that decision, which declares such laws un-
fconstitutional- are firmly opposed to the folly
of re-enacting that or any similar statute, coming
lswithin the scope and meaning of this decision II
| the judiciary is rendered powerless and non-efec-
tive by being fippantly set aside by our Legisla-
tors, then the greatest safeguard.of the people is
forever gone, and the widest anarchy and confu-
sion must inevitably ensue. Therefore, we take
the ground that the Legislature should not seek to
bring about any collision by overriding the conser
vatiye voice of the Judges, and arrayng the people
against their deliberate convictions and conclu-
sions. Entertaining this view, we are determined
to throw the weight of our influence feeble though
it may be, against any and every effort to induce
the Legislature to enact further Stay Laws Of the
character heretofore in force.
And this brings us to the question as to whether
or not the Legislature should pass any measure of
relief for the debtor class of the community. We
yield to no man in sympahizing with the unfortu
nate and distressed in these peculiarly troublous
times, and think that we appreciate fully the
dition many of our fellowcitzens found themselves
after o protracted and disastrous struggle. Nei-
ther hare zoe the yeotes. affinity ar the class ko,cn
as Shylocks,, who would strip the orphan and de-
.prive the widow Of her last farthing to appease
their inordinate love of gain. But We are con-
vinced that the time-serving policy Of the past is
only calculated to produce the worst results, by
| destroying that confidence which is necessary to
prevent the possibility of men hunting each other
down like wild beasts, devoid of principle and alike
destructive in their nature. In our judgment, the
opportunity should be removed, and that without
| delay. How this can best be done is o question
which has puzzled older and wiser heads than the
writer of this article. The annual Court system is
liable to objections for its unequal character, unless
there is proviso that will protect the small debtor
on the same footing as the man indebted for thou
sands. This could only be done, in the strict
sense of the word, by abolishing both District and
Magistrates Courts altogether, for the simple rea
son that collections should be made, in that event,
in one way only. If it is onerous for the owners
of land and personal property to- pay before given
time, how much more difficult for the possessor Of
few household goods and chattels to meet his OBJ
legations, when family depends upon his daily
labor for their sustenance and support. Again.
Should.the Legislature provide at the coming ses-
sion for an Annual Court, meeting the above re-
quirements, and STIMULATING that the Court shall
not be held until next fall what guarantee is there
that the next Legislature to be elected will not be
instructed to vote for biennial sessionsf The au-
thority comforting power for the first supposed ac
tion is equally potent to bring about the second
And by this means more positive, efectual and
certain Stay Law is engrafted upon the statutes of
South Carolina than has yet been placed thereupon
This plan being liable to such valid objections, we
cannot conceive it the true policy to advocate its
adoption. Only one measure has been proposed
which looks to fair discharge Of just and honora-
BILE obligations, and we frankly confess that far
as we have examined its main features, they are
commendable and praiseworthy. We refer to the
Instalment Law, which would require the annual
to May, 1866, after judgment has been obtained,
and in default of such payment that execution be
issued and the property Of defendant levied upon
to satisfy the entire judgment This is practical
and straightforward, and not only affords an op-
portunity for the debtor to realize the benefits of
reasonable delay, but assures the creditor that
within certain period his claims are 10 be ex-
tinguished Each class will know what to depend
upon, and this vezed subject receive permanent
quietus. We have not o doubt that such law
might be passed. avoiding constitutional objections.
Having pronounced in its favor, we think it worth
thy of remark in this connection that remarkably
few of those camorous for legislative interference
have urged this scheme, thereby leaving the infer
ence that their object does not embrace the uti-
mate payment of just and honest debts. And it is
this avoidance of the true issue at stake which has
embttered certain creditors otherwise disposed to
be lenient, and made them on the other hand anx-
ious as to the sequel.
Additional to the Instalment Law, which leaves
the Courts open and accessible for parties to OBJ
tain liens upon property, and thus places check
upon the dishonest dobter, we would favor Bank
rupt Law, if It can be passed by the State. Many
debtors are hopelessly insolvent, and the quicker
they get from beneath the incubus Of debt by sur
rendering their assets to creditors and thereby OBJ
aining permanent relief, the better it will be for
all concerned Pemporizing methods can only
place insolvent debtors in worse condition, by the
allurements Of false hopes, and the accumulated
depth Of woe which must overtake theIn sooner or
later. But we will net pretend to argue what OPP
pears to us selfevident proposition namely, that
the individual who is indebted beyond his ability
ever to pay would be vastly benefited by being al
lowed the privilege Of o Bankrupt Law. AS to the
provisions Of thatlaw we trust that the "assembled
wisdom" Of the State might avoid the shoals and |
= -