The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-09-20

cent message of Gov. Orr to the LeoisIot,s
of South Carolina, now in session Il
calm, dispassionate, sensible document da
voted almost exclusively to State atra, :. Ne-
We make the following extracts:
| "Since your adjournment in Decer,ho
Court OF Errors in this State have. with the
gle dissenting opinion, declared tho S siil-
Law, and all amendments thereto. unco,,a lay
tutlonal. This decision has prodncad lStl-
tlVeness and dissatisfaction in many par+s %
the State; Public meetings have been LoS III
in several districts. and the Ieoiolot en neld
been appealed to, to furnish some nro4ao. mas
to the debtor class who anticipate ",o,,nI
! suing to the fall term of the Conrto s0ieial
| After careful examination of H.
| ION OF the able and learned Chief .InS+io pm
well as other authorities, feel il INV d,tr, as
| say that concur fully in the oninio,' uuey TO
Court, and believe that their exnos;t VI the
the constitutional question is unans,uasoiE OF
Inc people OF South-Carolina have b t1Ole'
PioYer s iaW-aDlolng, and when aparcb-,
relgned supreme after the fall of the Confaj
eracy, lawlessness was universally d;soolI iieu-
ed by the better classes in every conD, uoulag-
Now when civil law is restored and rin y
RENTED to our own laws and courts 70 al, are
tect nights and redress wrongs. surely NJ Pto-
lien OF good repute will advise tumnIt Uit,
violence against the solemn Judgment of anu .I'
highest judicial tribunal in the STATE STATE VI Tile
In view of the circumstances surronnd;.
us-When it is remembered that the Stas
has just emerged from long and d;ssot h.a'e
war, in which not only her sons but bar ~
sources were prodigally bestowed-tbot ou,
banks have all been destroyed-that m oua
than three hundred millions of nro,1a aUte
have been annihilated- all the fonntoinSs
OF credlt and property have been broken nm
that our system of labor has been tbo or
oughly disorganized- the refros 5Hol-
and vivifying showers have been witbLnIS
from parched and exhausted soil, and that
want, If not famine, will keep ghastly vigiIS
IN mansion and In hovel; when it is remem.
bered that nearly all of the merchants of the
State have been able to compromise their in
debtedness to Northern creditors on the most
liberal terms-surely, the creditor class will
practice forbearance and give their debtors
still further indulgence If compelled to
enforce collections, they should, in the same
1a!r and liberal spirit, make compromises
with debtors, so as not to drive them and
friends. "H0
The existing embarrassment growing ont
of the Indebtedness of the country will ike
other evils, produce beneficial results. Debt
ors Will ind 1t to their interest to make final
adjustment OF their debts, even though thew
are compelled to surrender their property
AS long as their debts remain, interest will
be accommodating, to eliminate in more dis
astrous bankruptcy. If they surrender their
property now to creditors, they can resume
their occupations, and labor with cheerful
ness, knowing that its proceeds will sooner
or later rebuild their broken fortunes.
The debtor who desires to compromise
In I-,
ling the veriest Shylock to accept fair terms
or exclude him from all share of his estate by
assignment, giving liberal creditors the pre-
ference, or by voluntary confession of judg-
ment.
Believing that no Stay Law can be passed
antecedent debts, that will not
conflict with that clause of the Constitution
of the United States, which declares that
8 no State shall pass any law impairing the
obligation of contracts" respectfully re-
commend for your consideration, for the re-
lief of debtors:
1. That Imprisonment for debt on mesne
case of fraud; and then as punishment for
the crime, rather than as a means of en-
forcing payment of the debt.
2. That no costs be taxed against de-
PENDANT, either for the officers of the Court
or for the Attorney.
3. That the Insolvent Debtors Laws be so
extended as that any debtor may, by petit
ton, after due notice, summon in ali of his
and upon assigning his estate and
effects for their benefit, be discharged from
I'll further liability, not only to suing, but to
III other credits. Being thus relieved from
he incubus resting on him, the honest and
debtor will 90 to work with
llacrity, and prove himself useful member
It society.
The Congress of the United States has au-
hority under the Constitution to pass uni
orm laws of bankruptcy, but there is no
on the States, and as Congress
las not exercised the authority delegated to
hem, the States may, with great propriety,
pass such laws, and they will continue of
orce until Congress adopts general Bank
upt Act, which would supersede all State
egislation Oh the subject The General
Bankrupt Act of 1871, passed by the Con-
5ress of the United Statee, extended its pro-
'isions to antecedent debts, and its consti-
utionality was not controverted by the
Courts. No constitutional obstacle, there
ore, would preclude the General Assemblies
rom incorporating the same feature in their
egisiation.
1t is proper here to remark that if a Stay
law could be passed which could be free
rom all constitutional objection, it would
lou protect 0entOrS from suit IN the Federal
COURTS. A creditor residing in the State,
Who had determined to enforce the pay
nent of his debt, could readily transfer it to
nonresident, and if the sum exceeded five
hundred dollars, such nonresident could at
nee institute suit in the United States Courts,
ecover judgment, issue execution, and sell
he property, Notwithstanding the existence
a Stay Law. Such law would not be
ecognized or enforced in a Federal court"
JUDGE MERRMoN.-We are gratifed to
tate that Judge Merrimon, who has been
onfned for several days by indisposition at
he Exchange Hotel, in this City, was suffi-
iently recovered ON Wednesday morning to
cave for Nash Court. The Attorney Gene
al, Mr.. Rogers, has also been confined by in
disposition, and we have not learned wheth-
F he was able to leave with the Judge for
Nashville. Johnston Superior Court will be
ED next week, and Wake Court the week
fter.
WAR IN EURoPE.-The last dispatches
rom Europe by the cable inform us that the
enewal Of the late bloody contest is immi-