Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-09-21

from which this bill has emanated, who
will perhaps permit ME to recognize him
as the able leader Of the Stay Law faction,
has called upon this assembly to listen to
the demands of the people. I appeal to
the same, the sovereign power of the peo-
pie, of whose government we are con-
tinent part, and whose will, as represented
in their Constitution, We are bound to obey.
lie refers to popular clamor, I, to the great
voice of the whole people. This is the
Constitution of the State, and the power
yielded to enter the United States. In
both it is forbidden "to pass an ex post
facto law, or law impairiug the obligation
of contracts" lido not enter here into le-
gal discussion, and only lookto history to in.
terpret. The time was, shortly after the
war Of the Rev olutIon, circumstances much
the same as now exist, and it is clearly
shown by the simple reference made by the
Court of Errors, 10 the opinions of L. Mar
tin, Davie, Madison and Piuckney, that
this section was meant to prohibit to the
people the right to yield for moment 20
impulse or suffering, to pass law which
delays, suspeuds or diminishea the power
which the law promised, to enforce obliga-
ton. A learned chief justice says: "The
evil which the Constitution intended to
guard against-was not the act of passing,
the law, but the effect incident to the ope--
ration of such law" The first effect is
plain; it will be tho annihilalion of public
honor, and the impairment Of private homes
ty which will force the continuance of this
delay. No gentleman will deny that tho
absolute suspension Of the action Of the
Court would be unconstitutional, and, if
for one term, why not for two, and why
not indefinitely, and how does this not i'm
pair abe obligation of the contract ask
now if it is not cruel, if it is not unfair, and
if it is not dangerous to advocate a course
and frame law which will make our peo-
pie wish and attempt to do that which
they have no right to do, and which : was
surrendered to the United Staes, and by the
United States, under whose government
we exist. l cay dangerous, because it is
fraught with evil which the gentleman
may not have contemplated. The bill sus.
pends the action of courts in civil cases
(except perhaps cases Of tort, why not tort)
The President of the Uuited States has
issued proclamations which remove militia
ry government for the reason expressly
slated that the civil government has been
restored, and is now in operation. Can a
stronger contradiction be thrown before
bin than the absence of power to enforce
the obligation of a contracts Sir, the gen.
tleman closes our court. The first and
plain effect is to make rapid transfer ofall
debts over $500, beyond the State, 10 be
brought before the United States Court.
The next may be 10 revive The worst form
Of military government to suppress domes.
lie revolution, and place blue coat in our
courts, to be called the administrator Of.
Justice. The Civil Rights Act and Freed
mans Bureau together will afford adjudi--
cation to the negro, and he will be made
Ihe medium through whom the white man
may strive to obtain his rights; SEQ. 4
Art. w. Of the Constitution of the. United
States. '' ' 'aS'
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