Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-11-16
For Gs Press.
10 THE CITIZENS or ABBEvILLE DISTRICT,


citizens of Greenville District inviting her sis
ter Districts to unite with her in pe,itioniug
the Legislature, through their Representatives,
to call Convention of the State to consider the
subject Of relief for debtors. 1t ie question of
such grave importance. and so fraught with
veal or WOO to the country, that it challenges
Che most serious attention of all, even the most
humble of her ciLizens-a question, the results
ol which have personal application TO every
hedsehold, and none can remain peutral under
ats effects. 1t is emphatically a question for
the people As one of you, propose to view
tt briefly in it's threefold aspect: it's m oral, So
cisl and legal In the first place. We cay that
the whole question resolves itself into one
touching the validity and obligation of con-
tracts, the debtor or non-erec,tor of the con-
tract being the party seeking relief from what
he believes to DO unjust. Wherein consists his
moral obligation to his neighbor--his creditor
in relation to this contracti 1t consists in his
promise What is that promisei 1t is, that
the law remaining the same coucerni ing the ex
istence of his property, and his property con-
dition unaltered except as to such changes
as were contemplated by the existing law, be
will fulfill his agreement withhis creditor.
It is self-evidept proposition, that had the
property and laws If the country remained as
they wore before the war; or only such changes
In property had occurred as were conteml.!a-
ted by the law existing at the time the con-
tract was made, the debtor would have been
morally bound to fulfill his contaact to the lot
Ter, but now the propery--condition of the
contractor is radically changed in a way never
contemplated by the law of the contract His
promise was not absolute. but conditional, in
the scnse that no alteration should occur which
was not contemplated by the parties on the law
OF the contract; hence, when a cause interveucs
to alter the property condition of the debtor,
which he was not instrumental in bringing
about, and which was not contemplated by the
parties. nor by any existing law, it wholly al.-
solves him from any moral responsibility u
not complying with the terms of the contract
To force it upon him would be to compel him
to accept and execute terms to which he never
agreed The executed consideration on the
part of the creditor fxes no greater rcsponsi-
bitity on the debtor, because that executed con
sideration was simply the basi. of the debtors
promise. The truth Of this position is evidenced
by the further fact that the debtor is actually
unable to fulfill his contract, rendered so by
this changed condition Of affairs, which frees
him from any moral responsibility in th. mat.
ker-nor would either the debtor or creditor
ever have entered into such contract had they
known this state Of affairs. We know the AT
athena is hurled against us by those holding
the opposite opinion, that it is disllouorsbIe to
abate ono jot from the letter of the contract
under any circumstances. but it is the dishonor
which attaches to the crew. who refuse to ad-
here to the sinking ship when the last vestige
Of hope is gone. The dishooor which, ensues
when man refuses longer to be held spell
bound by the magic power Of an id.a-a mere
abstraction. The charge Of aishonor implies
guilt in the conduct of the debtor. Have we
not shown that he Is released from his respon.
sibilityf Whence, then, his guilt
If the above position be erroneous then 10
every obligation given in Confederate times
equally binding to the fullest extent; &. yev-
. cry note Of Eve hundred dollars for the pur-
chase of an OK or of four thousand dollars for
tho purchase Of an ordinary horse, is valid to
ths full amount specified. because it is founded
upon tho sauae mora! basIs-a promise to paw
bat that promise, like the former, was condi-
tionsl promise, that NO changes should OCCUR
except such a. were contemplated by the par.
ties, or the law Of tho contract, No creditor
thinks of Interpreting these contracts literally.
and receiving Confederate funds 10 satisfaction
Of his debt Equal violence ss was done IN re-.
gard to contracts made before the war. has
been done In regard to Confederate contracts;
aud the truth Of tho Argument 10 implicitly ad.
nited In the business trAnss ctioBs Of the entire
country In relation 10 Confederate contracts.
On the social view Of this question, we need not
dwell. for We dare ssy that every man is thor
oughly informed Of its effects upon the public.
He sass it in tho stiaed, crippled. decreased
snsrgfes Of the people--in the transfers of pro.
perty-iu the dissolution Of estatea--in the sac.
-rides Of honiea and, not, least, 10 the iniudi
eious and lavish expenditures of cash on hand
by some who regard their liabilities as beyond
redemption. and 90 CALLING 10 this hurtbsn upon
oil ho'asses that hundreds Of persoos who have
tsnfoid more due tha n they owe, would unhesi.
tatingly surrender their cIsims in exchange for
their liabilities Is aot this On mslous. stata
Of fsffsinl We are met with the sage criticism
Hhe's debtor or he wouldn't speak thus. -, Let
the facts speak for thsmselves.- Il may be he
tss debtor, and who s not The proportion Of
Debtors to creditors is as o hundred 10 opa but
ths' eritie tsa efeditor, and he -capnot Zee else
than hn own intersst., He .aeeks TO Pot the
whole question as rest by The soothing diotbrp
'thss ehe, debtor will not bs diAturbed-,tims
enengh WIZ be given httuxtthe generosity and
msgesaiuity Of the creditor would not possibly
allpy ;hiu 70 prsss the poor 'nnfor.pn stss. On
thseontrsrys whst'did Ihs ,lsth of :ssatsmbs,
last, known a. returr day. fsyss,i The Teper.
psity, Of che creditor VA exhanstet.-iopk pient
up; forbsaranee was let hose, and The debtor
overwbelmed with q aoods OF ,.srfss. Dia.we
nottthdn :witness he geaerosssyf Rely ApSh