Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-26
SPEECH OF GEN. M. c. BUTLER.
DEBATE ON THE; STAY Law.
HOUSE OF REPRESENTATIVES,
~ SATURDAY, Sept. l5, 1865.

!. ~ SATURDAY, Oept. 10, 1ooo.
Mr.. SPEAKER: entertained the hope tina
it would not be necessary for me to speak on
this subject, nor shouldI have done so but
for remarks which have been made during
this debate, ard which I respectfully submit
fought not to rems.in unanswered. IT is moi
my purpose to enter minutely into the consti,
tutional question. That has already beer
done by those who have preceded me. The
gentlemen from Newberry MIR. Garlington)
and Marion MR. MullenO, have in my judg
ment determined this point satisfactorily. ]
shall therefore proceed directly to the practi-
cal issue before the House. That question is
the Stay Law of 1861, and involves the con.
-sideration of'its history and reasons for which
it was adopted. 1t was passed under circurn-
stances of confusion resulting from The pecu-
MARY condition of the country, and was de-
signed specially to relieve the people of South
Carolina. It was re- e-enacted from time to
time during period when the country was
torn by revolution that has certainly never
beon equaled in modern times for its violence
and disastrous consequences. Constitution
ally it was never questioned, andits necessl.
ty as measure of relief was universally con-
cedel. The war ended, we all know too well
how fatally to our hopes, and a Convention Of
the people met to reorganize the State Gov.
ernment, to gather together the scattered
fragments of that instrument, which tor hive
years had been violated. What did that Con.
yention do2 Composed Of the representa-
tives of the people, responsible alone to them
and to no department of State Government,
because none existed Independent of the Ju-
dietary, and acting directly in the interests OF
the people, that Convention confirmed the ac-
ton nof this body by giving validity, tothe
Stay Law. In that body was the highest ju-
dicial talent of the State-gentlemen. who
compose the present highest tribunal of South
.uarolins; and yet they then recognized the
spirit in which that, act was passed, its ne
cessity, its propriety, its coustitutionality ;
gave to.it all the sanction of law until within
q comparatively few months. 1t was then
found necessary that they should step for
ward and declare is unconstitutionah'y, af.
ter lapse of fully five years.. | understood
nv friend from Abbeville, Mr.. Fair, to say IL
was the duty Of the Chief Justice and the
Court Of Errors to notice all violations OF the
Constitution and see that they are corrected ;
that they:are the custodians and guardians.
He may be right, but why did these honora-
BILE gentlemen allow that law to remain upon
the statute book Of South Carolina? Why
did they approve it before the people of the
State at home and in The army as a means OF
constitutional relief, when they knew that it
was an illegal and unconstitutional act ?
That, sir, is what cannot understand.
But continuing its history, Mr.. Sneaker,
after the adjournment Of that Convention how
did we, the representatives of the people who
assembled in the November which followed,
meet the question? We found the country
in state of prostration, the people. ruined
aud humiliated by distress, and the fearful
marks of relentless ncendiary4 written from
one end of the State to the other. Calmly
and deliberately approaching the existence oi
the same, if not greater necessity than be
fore, we believed it to be our duty to re-cnact
the Stay Law, and it vas done.
HIRE let ME say, sir, ain no apologist fer
the Staw Law. Under ordinary circumstances
| should vote against it, but Stay Laws are
upon the statute book, and the question with
me is Ole Of practical common sense-shall
we ut siugle blow Strike from existence, at a
period Of such great distress as now prevails,
a law that has been sanctioned time and
again by the highest authority, and leave the
community 70 suffer fromthe consequences
which we wilfully entailed? The considera-
lion, therefore, resolves itself into question
of policy, and right here, sir, I desire to call
the attention Of the House to the use made
of that word " policy which has been thrown
across this floor tauntingly. Let me remind
the gentlemen on the other side Of the House
that when this subssruient policy and cape
dicncy so mach sneered at, which "bends the
pregnant knee" to power, is urged, We hear
no voice rcbnkinS that policy or rejecting the
"thrift which follows fawning." Let me ask
them, .ifwhen that question Of policy came up
originally in this House, they did not over
come their own scruples with reference to the
constitutionality Of tAemeasure against which
they now so eloquently declaim , They did
sir and regard it as strange, when the still
s.:all voice of suffering from the hearthstones
OF our people is knocking at this door that
gentlemen will rise in their seats and cry
away, away, the Constitution is in danger /;
and that when the manhood Of South Carolina
attempts to assert independent thought, ard
urge It's claims upon our sympathy it should
be declared in this General Assembly that
these utterances from the great heart of the
people is only a popular clamor led by dema-
gopues and intended to override and intimi,
date this Legislature. Sir, for one renudi-
ate such inconsistency of action. have no
interests to subserye except those Of my
State; profess to be actuated by as high
motives as any man upon this floor, and l
never expected to see the day when our peo-
pie Inundated as they have been by defeat
should be spoken of tauntingly as whining
at the door of this body" for reliefin their
distress. That, Sir, was the language of my
friend from Charleston, MIR. Barker)
hold iu my hand the Constitution, book
have revered and whose integrity | have
contended to preserve. What is it but a
childof tyranny, and the offspring. of expe.e
liency? 1t bears upon lis very face the VIC,
lation of its own terms, and at one stroke
destroys three hundred millions Of property
in the State of South Carolina alone. And
this is the sacred instrument that is held up
as stumbling block to the welfare of the
people of our State and which gentlemen find
in the way of their conscience when they are
asked to pas upon measure Of relief which
their constituents have right to demand and
expect.
This brings me to q consideration of the
decision of the Court of Errors. Sir, I bow
profoundly to its will. Ii'ccognize the integ-
rity, dignity ,aRd if you choose the sanctity of
that grave body but l have never been able
to teach my mind to approve the wisdom Of
its decision upon the Stay Law. AS alegis.
lator, / have right to say that much, and
not be charged with attempting to destroy
the dignity of the judiciar" to awe this body
with threats, or to impair aud trample under
foot one department OF the government of