Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-19
you to enable you to live on in the mean

plc-a black and darnnng stain, for all time,
upon the fair names and credit ofas people
whose promises to pay were once free pass
ports, another name for credit and honor,
wherever they were found. call upon
these to come to the support Of this Bill, be-
cause it forever recordsi its verdict against re-
'pudiation; because it puts the seal of posses
sorShip and fixes the lien OF the creditor un-
changeably upon the property of the debtor,
and because it secures to the State that which
was once its proud boast, is yet its purest and
best possession and must ever be the brightest
boon we can leave p,sterity, name untar
nished by aught of dishoncr and credit un-
stained by any faint of reputation.
The debate was continued by Mcssrs. Town
send Of Marlboro, who made a strong forci-
BILE speech in favor of allowing the whole sub
iect to rest, and Of leaving it to the honor and
integrity of the people to work out solution
of the difficulties witch was clearly Beyond
the power Of legislation.
Mr.. D. Wyatt Aiken, Of Abbevillc, said that
o2e thing was to be remarked in connection
with this discussion which had escaped obser-
vaticn, namely that the mercantile communi
ty had gone to the North, and except in oc.
casioual instances, compromised succes slully
with their creditors. If Southern creditors
had not been equally generous, it was because
OF the existence Of Stay Law, which leld
out promise of q future settlement npon favo.
rable terms 10 themselves. But they had
proven sngularly and surprisingly lenient, and
he had sufficient faith 10 believe that they
would not add to the expressions which aifllct
the country. In concluding Mr.. Aiken SUBJ
mittcd resolutions to the effect that, Whereas
one of the results of the war had been ruth.
less and unconstitutional violation of the
rights of our citizens to that property which
was the basis of most if not all of their in
debtcdnesS, and whereas the Court Of Errors,
the highest tribunal to which our people can
resort for Justice, has decided that all inter-
ference with contracts is unconstitutional leg.
lslation.
Therefore be it Resolved, That this Logis-
laturc, while, appreciating the magnitude and
importance Of the question Of Indebtedness
of the county, and mas lively sympathy
for its oppressed citizens feels its inability TO
render substantial aid to them without an in
fraction of the law Of the land, and therefore
recommends spirit Of forbcarancc with each
other, and urges upon both debtor and crcdi-
tor The policy Of compromising, rather thar
OF resorting to litigation for relief.
The Chair suggested that the resolution
could not be entertained until the Special
Order had been dismissed.
Mr. Darlington replied to the argument Of
Mr. Feir, of Abbevile, made on the previous
day, urging that the Bill OF the Special Com
mittee was neither in conflict with the Con-
stituton Of the United States, nor the decis.
ion of tue Court of Errors. There was moth
ing in it which prohibits the service of neSne
or final process. 1t simply referred 10 the
sitting of the court. He took issue with the
position of that gentleman that the creditor
is entitled to all the proceedings Of the court
at the time Of the contract as remedy to
enfore the same, and affirmed that all legal
proceedings were not Q part of the contract.
As to the Bill Of the Judiciary Committee
Mr.. Richardson, it was new remedy en-
tircly. 1t also encouraged suits would lead
to an accumulation Of costs against defen-
dants, and was bid to creditors to bring
their cases into court, instead of attempting
compromise. If he desired to increase the
business of the courts, he could not devise o
better scheme than that proposed. Rather
than adopt it, he prefers to leave the whole
subject where it stands.
The speaker replied to the arguments Of
Mr.. Haskell on the day preceding, and AMI
madverted with force upon the suggestion
made during the debate by Mr.. Townserd,
that if the creditor was refused justice by the
courts of the State, he might take refuge un-
der the Civil Rights bill. A large number Of
the creditors were liberal men, but there are
Others waiting to realize all they can, and
from, the latter class he desired protection
for tho honest, but now impoverished debtor
Mr.. Faii, said he would appeal to the good
sense Of every member of the body whether
granting that the Legislature has the right to
regulate the sittings of courts, it was not nev
ertheless 4 violation Of the law in its avowed
purpose to defeat the administration Of Justice
aud hence that the impediment was uncon-
stitutional 1t had been avowed that the
court would have no right to 60 beyond the
letter Of the bill, but this was q mere subter-
fuge and that too practiced with reference to
a co ordinate and Independent branch Of the
Government. Pass this bill and he, the
speaker, would not answer for the result, but
he thought the Chief Justice would not know
the fact ten minutes, before he would convene
the Court of Errors to take the matter into
consideration. If he did not do it, he would
be unworthy of his place.
With reference to the measure proposed
by the Judiciary Committee, it was liable to
!, objections, but it was the only plan of relief
that could be afforded to debtors. 1t had
been alleged that it would provoke suits
whereas it threw impediments in the way OF
the creditor by compelling him to advance
the costs, which he would hesitate long time
t., do when he takes into consideration all the
facts aud probabilities Of the case.
Mr.. Mullins, OF Marion, took the floor in
behalf of the bill trom the Special Commit
tee, aud in AN earnest speech treated the sub
iect conslitutionally, legally and morally, hold
Ing the attention of the House closely from
beginning to end. Our present space lorbds
a synopsis, and his remarks will appear in full
in apother issue.
Mr.. Barker, one Of the eloquent cham
pioas among the opponents Of the measure
was equally fortunate in making long, argu.
mentative and thoroughly prepared speech, in
which precedent and statistics found appro-
pirate place. We cannot do justice to it by
an abstract.
Gen. Butler, Of Edgefeld, obtained the
floor and will continue the discussion this
morning. The Speaker presented q commu-
nication from the Senate concurring in the
action of the House that the State Printer
shall be paid for the work done during the
present session up to the time Of his election,
in accordance with his latest bid, and not at
the rates of his former contracts.
Tho House then adjourned.
In our report yesterday we neglected TO
state, while referring to the speech OF Gen:
Haskell, that it was in opposition to the bill
extending the time Of holding the courts. 1t
| will probably appaar in full on Sunday. togeth.