The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-09-12

with his creditors has the means OF cOmpell-
ius the veriest Shylock to accept fair terms,
or exclude him in all share of his estate by
assignment, giving liberal creditors the pre-
ference, or by voluntary confession ofjudg-
ment.
Believing that no Stay Law can be passed,
embracing antecedent debts, that will not
conflict with that clause of the Constitution
of the United States declaring that mo
State shall pass any law impairing the obli-
cations Of contracts" I respectfully recon-
mend for your consideration for the relief
of debtors:
lst. That imprisonment for debt, on
mense or final process, be abolished, ex-
cept in case Of fraud ;; and then, as punish
ishment for the crime rather than as
means of enforcing payment of the debt
! I'd. That no costs be taxed against a de-
fendant, either for the officers Of the Court
or for the Attorney.
Sd. That the Insolyent Debtors Laws be
so extended as that any debtor may, by Pc
creditors, and, upon assigning his estate
, and effects for their benefit, be discharged
from all further liability, not only to sueing,
but to all other creditors. Being thus re-
! leived from the incubus resting on him, the
! honest and cnterprising debtor will go to
work with alacrity and prove himself q USE
full member to society.
The Congress Of the United States has
! authority, under the Constitution, to pass
! uniform laws Of bankruptcy; but there is no
prohibition upon the States, and as Congress
has not exercised the authority delegated
to them, the States may, with great propriety,
pass such laws-and they will continue Of
force, until Congress adopts d general bank
rupt act-which would supercede all State
legislation on the subject.
The General Bankrupt Act of l84l, passed
by the Congress ofthe United States, extend.
ed it's provisions to anteccdent debts, and its
constitutionality was not controverted by
the Courts. No Constitutional obstacle,
therefore, would preclude the General AS
sembly from incorporating the same feature
in their legislation.
1t is proper here to remark, that if Stay
Law could be passed which could be free
from all constitutional objections, it would
not protect debtors from suit in the Federal
Courts. A creditor residing in the State
who had determined to enforce the pay
ment of his debt, could readily transfer it to
nonresident, and if the sum exceeded five
hundred dollars, such nonresident could at
once institute suitin the United States Court,
recover judgment, issue execution and sell
the debtors property, Notwithstanding the
existence of Stay Law. Such law would
not be recognized or enforced in Federal
Court.
The complete disorganization of the labor
of the State in 1865, resulted in the produc
ton of very short provision crops; and to
supply the deficiency, large quantities of
breadstuffs have already been imported into
the State, at enormous cost. The imperfect
organization of the system offree labor, and
the unprecedented drought which has pre-
vailed during the months of July and Au-
gust, throughout the State, as we'll as al un-
usually short wheat crop, foreshadow a
gloomy future for the people for the next
| year. Coming as you do from every District,
you have the means of making an estimate,
approximating accuracy, Of the extent of
the failure of the provision crop, and what
amount of supplies will be needed to save
the poor, dependent and helpless from star
| vation. invite your earnest and prompt
consideration of the subject.
Sound political economy ordinarily con-
demns the feeding of its population by the
! Government, as the inevitable consequences
are to increase dleness, pauperism and crime.
But where the provision crop of whole
country is destroyed by blight, or where
production is suspended by long continued
drought, and the deficiency is traceable to
these causes rather than to the idleness Of
the population, humanity and sound policy
, alike Justify the Government in lending or
giving its means to save the people from
starvation-to arrest that increase of crime,
which want always produces, and TO stay
emigration to more favored localities The
present population is insufficient to till the
soil of the State, and to develop it's resources;
and it is high duty of the Government to
remove, as far as possible, the necessity for
emigration beyond its borders. The en-
barrassment ofsupplying food for the needy
will be greatly increased after the first Of
October, when the Freedmen's Bureau will
cease to issue rations for the INDECENT and
helpless whites and freedmen, who have
been heretofore furnished with subsistence.
You may find it necessary to increase the
powers, duties and responsibilities of the
Commissioners Of the Poor, and to organize
such bodies in all Districts. Of the State.
In most Of the Districts, land and buildings
have heretofore been acquired and erected
for the whites, but they must be enlarged,
so as to provide accommodations for pauper,
idiotic and helpless freedmen.
The failure ofthe Boards of Commissioners
of the Poor to provide for the helpless, is a
great crime against humanity, and addition
al penalties should be imposed by law against