Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-07-25

that is required or Us, IN THIS ureaolui eAl
gency, is to permit events to take their OWL
course. This advice is like that of the clown
who would tarry on the banks of the swelling
food, fer its waters to run out, that he might
pass over in security and dry-shod.
Rusticus ezpectat dunn defuat amnis; at ille
Sed labitur, ct labeter, in omne volubilis acvum'
No, my friends! This is juncture wher
men are called upon to consult together, tc
act, and to take measures for the public tran
guilty, and for the welfare of all they hold
dear on earth. They must not cover theiE
heads in fancied security, while the storm
howls without, and the tempest thickens
above; but, with manly fortitude, they must
encounter the raging blast, for their houses
are in danger, and their little ones are in
jeopardy of their lives. There is period
in the life Of man, when love conquersdear,
and devotion to principle bsnishes the dread
of death. The time has been, when, l thought
myself, could lead the forlorn hope or
enter the " Imminent deadly breach" Amid
the conflicting opinions Of our people, and
the constitutional difficulties that hedge US
in, and parilyze the mind, it seems almost
impossible for any one man to discover door
q. escape, or to devise g plan of relief that
shall be free from objection. But sin the
multitude of counsel there is safety" and
"by united Thought and enterprise" alone
can we arrive at the goal Of security and
peace.
have had the honor, on various occasions,
of suggesting the following remedies, which
are as little subject to constitutional prohibi'
tions, as any that have occurred to my mind,
or aoy that have seen proposed by other
gentlemen concerned about the fortunes of
the State:
A liberal Homestead Law has appeared to
me, as measure calculated to do more uni
versal good, than any other that could be en-
acted.
In addition to this, let the InSolvent Debt
or's Acts be so amended to answer, as
nearly as practicable, the ends of Bankrupt
law, or, at least, let Imprisonment for debt
be abolished as contrary to the spirit of the
age. The man that takes all of another's
property has 40 right to his person, and to
allow him such is relic of the barbarism OF
the past, and in an emergency OF such great
want and distress as that we are passing
through, when no man has confidence in his
neighbor, or his neighbours bond, may lead
to degree of oppression and misery that will
sho * the sensibilities of mankind.
Then, it has been decided by the Supreme
Court of Alabama, that the same Legislature
that grants one Importance to Defendant,
may grant two or more, or require suit to
be In progress two or more terms before the
obtainment of Judgment. If it has the power
to grant two imparlances, may it not, from
the necessity Of the times, grant eight. and
require four years for the obtainment OF
judgments. 1t is needless to urge the benef-
cial effects of such law. 1t would give the
Debtor breathing spell, afford him time to
collect his energies, and marshal his means,
and induce Creditors to make compromise OF
thousands and tens of thousands Of debts,
that can never be paid in full.
1t appears to me, moreover, that law
might be passed, without doing violence to
the Constitution, or sacrificing the interests
of Creditors, restraining the Sheriff from
satisfying more than oDe.fourth Or fifth of an
Execution during the same year. If am
correctly informed, such provision exists in
the Stay Law of Georgia, and has not been
pronounced by her Judges to be unconstitu-
tional. Gould our Legislature not venture
upon such measure too? 1t might be sus-
tained from the noble end it had in view. 1t
would be conducive equally to the interests
of Debtor and Creditor, and it would have
the same happy effect in promoting compro'
misses and settlements, as the law We have
lust above referred to.
Besides these remedies for the establish
ment of the relations between Debtor and
Creditor, in connection with the general in
debtness of the country, their are measures
which might be applied to debts Of special
character-such, for instance, as those con-
tracted for negroes. The slaves we're finally
set free, by an amendment of the Coustitu.
ton, and the obligation Of every contract
based upon the sale Of such property, and
which relied upon it for payment and salts
faction, was, to the extent Of the value of that
property, most positively impaired by opera,
tion of Constitutional law. Hence, it occurs
to me, that it is perfectly admissible for the
Legislature to pass kind of declaratory act
for the guidance of all the people, enumera,
ting and classifying such contracts, as have
been rendered wholly null and void, and such
Others as have been destroyed or annullei
only in part, BY the fat of superior power
The Convention did pass q Resolution or Or
dinance according to Juries, the right o
deciding in all contracts entered into since
eighteen hundred and sixiy-two, by the stand
ard of Equity and Juatice, and, withou
doubt, they will observe The same rule in al
suits brought for the reccveryof negro debts
where the consideration has either partially
or entirely failed, by the Proclamations o
the President, by Act of Congress, by Act o
the Sovereign Convention Of Sonth Carolina
aud by actual amendment Of the Constitution
of the United States. Isit possible, that i