The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-09-26

Message of Gov. MISREPRESENTATION
atty of Stay Laws---COllection of
Debts.
We have read with much pleasure the re-
cent message of Gov. Orr to the Legislature
of South Carolina, now in session. 1t is a
calm, dispassionate, sensible document, de-
voted almost exclusively to State affairs
We make the following extracts:
"since your adjournment In December, the
Court of Errors in this State have, with sim
gle dissenting opinion, declared the Stay
Law, and all amendments thereto, unconsti
tutional. This decision has produced res
tiveness and dissatisfaction in many parts of
the State. Public meetings have been held
in several districts. and the Legislature has
been appealed to, to furnish some protection
to the debtor class who anticipate general
suing to the fall term of the Courts.
After careful examination of the opin-
ion of the able and learned Chief Justice as
well as other authorities, feel it my duty to
say that l concur fully in the opinion of the
Court, and believe that their exposition of
the constitutional question is unanswerable
The people of South Carolina have been
proverbially law-abiding and when anarchy
reigned supreme after the fall of the Confed-
eracy, lawlessness was universally discourag-
ed by the better classes in every community
Now when civil law is restored, and we are
RENTED to our own laws and courts to pro-
tect rights and redress wrongs, surely no cit
izen of good repute will advise tumult and
violence against the solemn Judgment of the
highest judicial tribunal in the State.
In view OF the circumstances surrounding
us-when it is remembered that the State
has just emerged from long and disastrous
war, in which not only her sons but her re-
sources were prodigally bestowed-that our
banks have all been destroyed-that more
than three hundred millions of property
have been annihilated-thata all the fountains
OF credit and property have been broken up
that our system of labor has been thor
oughly disorganized-that the refreshing
and yivlfying showers have been withheld
from parched and exhausted soil, and that
want, if not famine. will keep CHASTITY vigils
In mansion and in howell; wien it is remem-
bered that nearly all of the merchants of the
State have been able to compromise their in
debtedness to Northern creditors on the most
liberal terms-surely. the creditor class will
practice forbearance and give their debtors
still further indulgence If compelled to
enforce collections, they should, in the same
1alr and liberal spirit, make compromises
with debtors, so as not to drive them and
their families from home, kindred and
friends.
The existing embarrassments growing out
OF the Indebtedness of the country will, like
other evils, produce beneficial results. Debt
ors Will find it to their interest to make final
adjustment of their debts, even though they
are compelled to surrender their property
AS long as their debts remain, interest will
De accumulatlng, to eliminate in more dis
astrous bankruptcy. If they surrender their
property now to creditors, they can resume
their occupations, and labor with cheerful
ness, knowing that its proceeds will sooner
or later rebuild their broken fortunes.
The debtor who desires to compromise
with his creditors has the means of compel.
ling the veriest Shylock to accept fair terms
or exclude him from all share of his estate by
assignment, giving liberal creditors the pre-.
ference, or by voluntary confession of iudg.
ment
Believing that no Stay Law can be passed
embracing antecedent debts, that will moi
conflict with that clause of the Constitution
OF the United States, which declares that
mo State shall pass any law impairing the
obligation of contracts" / respectfully re-
commend for your consideration, for the re-
lief of debtors:
1. That imprisonment for debt on mesne
and hnal process be abolished, except il
case OF fraud; and then as punishment fol
the crime, rather than as a means of en-
forcing payment of the debt.
2. That no costs be taxed AGAINST de
fendant, either for the officers Of the Cour
or for the Attorney.
8. That the Insolvent Debtors Laws be 5,
extended as that any debtor may, by peti
ton, after due notice, summon in ali If h;
creditors, and upon assigning his estate an,
efiects Tor their benefit, be discharged from
all further liability, not only 70 suing, but t.
all other credits. Being thus relieved fron
the incubus resting on him, the honest an,
enterprising debtor will go to work wifi
alacrity, and prove himself useful mernbe
of society.
The Congress of the United States has M
thority under the Constitution to pass mn
form laws of bankruptcy, but there is n
prohibition on the States and as Congres
has not exercised the authority delegated t
them, the States may, with great prophet
pass such laws, and they will continue
force until Congress adopts general Banl
rupt Act, which would supersedc all Sta
legislation on the subject. The Gener,
Bankrupt Act of 1S41, passed by the Co
gress of the United Statee, extended its DIR,
visions to antecedent debts, and its const
Lunonaiity was not controverted by IL
courts. No constitutional obstacle, ther
lore, would preclude the General Assemble
legislation. 800 '''''' INC
II is proper here to remark that if a St,
Law could be passed which could be fr
n rom al constitutional objection, it won
CO Z cans