Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-05
From the Southern Enterprise.

Upon motion, the meeting then adjourned.
From the Southern Enterprise.
Messrs. Editors There is no doubt that q
large majority of our pcople-a majority ap.
proaching unanimity-desire the adoption Of
some measure for the relief Of those in debt
If something is not done, there will, inevita
bly,, result a widespread ruin and suffering,
such as no people have ever been subjected
to. 1t is absurd TO apply general maxims,
just and right i'll ordinary times, to such
universal and crushing CONFUSION as that
which has passed over our country. The pco
pie Of the South, OF all classes and interests,
were in favor of secession. 1t is, therefore,
only Just and fair, that all should suffer in the
disastrous consequences of failure, and not
that the debtor class should be sacrificed, and
the creditor class benefited. IF the collec
ton of debts is enforced, the creditor, will
purchase twenty. times as much property. iii
his debtor has it, as he could have done be-
fore the war. A man worth liity thousand
dollars, twenty thousand of treaI estate, ard
owing two thousand, his lands will not pay
his debt. But, as have ead, our people arc
nearly unanimous that something must be
done, if practicable. What can be done? a
present and cffectual measure will lie for the
Legislature to. enact that no Court, for the
trial of cases arising out OF contracts, shall
be held for two years make. all cases Of tort
indctable, with power 10 avoid restitution or
indemnity.
A more radical and better course, would be
to call Convention let that Convention
scale all debts contracted before the close Of
the war--say one half or three fourths. These
debts We're based mainly on negro property;
that has been swept away, and the value of
the lands impaired, together to at least thee
fonrths. The property of the State was
worth, at the beginning, of the war, five hun.
dred millions. 1t is not now worth one hun
dred millions. Has Convention power to
do this 2 Phe Convention has done this very
thing, as to all debts contracted during the
war. Why may not the same thing be done
as to all debts? Let the distinction be pointed
ont. 1t was as much "impairing,' the obi
CATION of contracts in the one case as in the
other. The words used in the Constitution,
not destroying or ainiaiaihs:'-= z----,!---
The words used in our State Constitution
are, "Thc Legislature shall PASS no law i'm
pairing The obligation Of contracts It is
clear hal there is nothing In our State Con-
slitution TO restrain p CONVENTION. 1t might
we'll have been considered that ii would not
have been safe to trust such q power in the
lands of State Legislature to be exercised
as matter of ordinary legislation, but that
| it did abide in the people in their. original
elementary character. The w0;ds OF the Con
| al \ " CJoto
shall pass any ldSc mpairiLg," &c. Is the act
of Convention law? Has it ever been so
called? The .ems used as to acts of n Con
vcntion ale ordinance, y constitution" 1t
| is settled principle, that in constituting
Constitution or law, words STALL hc under.
stood in their ordinary acccptation. Has the
term "law" ever been applied 10 the act Of y
Convention? The Convention, which is the
people assembled in council, can DO anything.
1t did the most important act which q people
can do-changcd the Government. Ii could
have established q N onarchy or ahrogated
orc ana ali Of our inst tutions, as it did abro~
gate the most important oi them. Ii it could
deprive one man of his negroes, why not de-
privc another of the debts due him The
tptople in Convention abolished slavery and
thereby impaired the ability of debtors 10 pay
their liabilities. Has Convention not, there.
fore, the power to reduce commensnrately
those liabilities :? hir. I.incon's proclamation
OF emancipation did not abolish slavery, and
he so thought himself, and expressed the
opinion that the proclamation would DC de-
c!arcd void and Intellectual. The Conveniop
therefore impaired the ability OF debtors 10
pay, aud Convention has the right, and it is
right. to reduce those liabilities.
II has been decided that public officer
elected for life, holds his office under q con-
tract with the State, and therefore that con:
tract cannot be violated or impaired by an
ordinary act Ct the Legislature. But the
tenure may be changed by Convention. II
a Convention can impair the obligntion Of the
contract in this Case. why not in other cnses
But Convention Of the reop'e is not .State
If ten thousand men, assembled on desert
island we're living in a state of nature, with
o,o n Constitution, laws or government OF any
kind. would they constitute q State? The
people Of Territory are not called State
but they are the elements out Of which Il
State may be formed
In conclusion: If these views are correct
such an ordinance would not be the act of q
State and therefore not forbidden. 1t would
not be a law, and therefore not forbidden
4 The State Legislature may provide that the
Courts may be held every three months; why
not also enact that they be held every two OF
three, years? ~, -. 49,
:? Another reason for ceiilng. the Convention
is 10 reduce the nn-aoer and salaries Of public
officcrs. We are all reduced to extreme pen
ury, even to actual wants Why should the
salaries of public officers remain as large as
they ever were, and much larger than in 9th
er States, except two?
, These views are BRIEF, thrown out having
, neither time nor room to elaborate them.
SENEX.
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