The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-09-22

eu, ,Hei'ace' "m', "ahhamaker, Wariey,
NAYs.-D. Wyatt Aiken, Bachman, Bar
ker, Cannon, Carlisle, Coker, Coogan. Gov
inSton, DePass, DuPree, Duncan, Elliott,
Fair, Gaillard, Graham, Hanckel, HASKELL,
Hunter, Hutson, Lee, Leitner, Lewis, Lord,
Magrath, Martin, Mikell, y. P, Mikell, w.
e, Milligan, Moore, J. w., Mulvaney,
Perry, Petty, Pressly, Richardson, Shaw,
Seigling, Sparkman. Staokhouse, Talley,
Thomas, Thomson, Todd, Townsend, Wal.
lace, A. s., Woodruff, Speaker-46
motion by Mr.. Marley to postpone the
furthey consideration of the subject indefi-
nitely was agreed TO by vote of yeas 48,
nays 55.
Mr. Townsend, of Marlboro, moved to
continue the subject until the next session
Mr. Talbort, of Abbeville, moved to lay
that motion on the table The yeas and
nays being ordered, it was agreed to by a
vote Of yeas 70. nays 81.
Mr.. Lord, of Charleston, moved to spbsti-
tute as title for the bill "A bill affording
relief to debtors" Mr.. Lord contendcd
that the whole argument had been not as
to the necessity of changing the terms
of the Courts, but as to the necessity of
them for the relief Of debtors. If such was
the fact There should be no reason in the
minds of gentlemen, why it should not be.
| expressed on the bill.
Mr.. Darlington asked the speaker if he
as lawyer, announced that the bill, as it
now stood before the House, was in his
opinion Unconstitutional.
Mr. Lord replied that he had no hesita-
tion in saying that in any legislation which
has for its object the relief Of the debtor,
whether it assumed the form Of n change eff
remedy, or change in the time of holding
courts was an Unconstitutional evasion of
:be spirit if not violation of the law.
Mr.. Darlington said that the gentleman
did not answer the question. He had dis
cussed the objects Of the bill and declared
them to be unconstitutional aud twas evi:
dent that his object was to put into the
title Of the bill something upon which the
Court OF Errors could seize FOR the purpose
of making the act null and void.
Mr.. Lord said he would ask if the gentle
man from Newbefry denied that this bill
was designed to afford relief to debtors by
changing the term of the Court of Common
Pleas.
Mr.. Darlington replied that ho did not
deny that his own private view was to afford
relief TO debtors, but no court in :be world
had right to interfere with his motives,
and doubly 80 when they did not appear in
the bill under consideration. v
Mr.. Trescot observed that he supported
this bill, not because IL was for the relief of
debtors, but because he believed the interest
OF the creditors of the State required that
the conrt should not be opened at time
when it would occasion much distress.
There were thousands of planters in the
State. especially in the low country, who,
under the peouniary circumstances which
exist between the State and Federal authors.
ties whereby their estates are still in the
hands Of other than their rightfnl owners
who would be ruined unless time is afforded
to recover further losses. II was therefore
q matter of public interest that he should
support this bill but If he voted for changing
the title in the manner suggested he would
he untrue to the convictions entertained
Mr.. Mullins moved to lay it on the table.
The yeas and nays were ordered and the
motion was sustained by q vote Of yeas SO,
nays Al.
Mr.. Barker offered as substitute the
following title to the bill: A bill TO suspend
the administration of justice in South Caroi
lima for the general welfare.
Mr.. Trescot said that the intention Of the
gentleman from Charleston, had been SUBJ
served by firing off his epigram; he moved
that IL be laid on the table. -
/ Mr.. Barker replied that twas not his
nature to deal with issues of serious impor-
ma, in the spirit suggested by the gentleman
from Anderson. He had but one desire,
namely, to see truth iNpt upon the record,
and he proposed sim Fly that the advocates
ofthis measure, as last resort, having
justified the suspension ofthe administra-
ZION of justice for general welfare, they
should announce it, q
Mr.: Bonhati suggested that 1t was usual
for friends of O measure 10 perfect and give