Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-09-14

wood and ir"n, yielding fund To tho State Ia
meet the expense "f their subsistence.
| IL yen should determine to establish pGni-
! trnlInry. it will tc necessary that the pun ish
m"nts now imIos by law he changed rs tu
conform I" ihc new rrisuh system. BcfOlc pas.
sing from the sui. .jcc, of the criminal law, de.
sire t" invite your attention tn the necessity
for more stringent Legislation for the suppret,
sion Of vngrancy. Tie law should not only
provide for the punishment of ill. and disco.
| !uir persons. who are rr:u:n;!cutlv tlomic:l, q
L"i should cAlcnd 10 transient persons wan
drring over the state, and who have no visible
means of support ard the duty Of enforcing
| the law sh"n!d he d"v"!vcd, under stringent
| penalties, upon the Clerks, Sheriff. Mnr;s-
! ira'"s aud C"ustnhl"s Of tie several Districts:
! Since your ad jnmrnm-nt in december last
| TIE Cuurt of Eir"is in this State have, with u
| single dissenting, opinion, declared the Stay
Law and nj! amendments thereto unconstitu-
! tl"nul Tbs decision has produced r.s,ivrncss
! and dissatisfaction in many parts of the State.
| Public meetings have been Held in several Dis
! tricts. and the Legislature has been appealed
To. {" furnish soric protection 10 the debtor
! class, vii" nn'ic a.c s,c:crai sucin, in the fall
! term rf the Courts
! After a currfnl examination "f the opinion Of
| the Bile and learned Chief Justice, us we'll e.
| other authorities | feel il nv duty TO saw that
| concur fully in the opinion of The Court, and
/ iclieve that their exposition Of tho conslitu-
! tlona Question is rnanswcrablc.
| The people OF Sn.th Carolina have hcr,,
pr""rrhiaiiv law abiding; and when anarchy
! regn"i supreme. aft or the fall of the ConfclG
| racv. awiessm"s5 was universally discouraged
hy the better classes in every community.
! Now. when civil law is restored and we nrc
remittcd to our own laws ani Courts to pro-
tect rights and redress wrongs, surely no citi-.
zen of good rcpute will advise tumuIt and vi
"lcncc ngninst he solemn Judgment of the high.
est jn'liciml tribunal in the State.
I'm view Of thp n Drcs in
! when it ia remembered that the State has
| just emerged from a long and DISASTROUS war,
| in which not only her sous but hel resources
| were p'odigHlly bestowed +, that our banks have
| all b. cn destroyed; that more than three hun
| dr"d millions Of Jrorcrty have been nnnihila-
| ted; that al the fountains Of credit and prop
| rriy have heen broken up: that system of
labor has been disorgaT'zed; that the refresh
| ing and revivfying showers have been with
held from parchcd SOIL and TINT want, if not
| famine, will keep ghast!y vigi!s in mansion and
| in huve!; when il is remembered that nearly MI
| Of the merchants Of the State have been ublc
| to compromise their Indebtedness TO Northern
merchants most liberal tern,s-surely, the
| creditor class will practice forbcarnnce and
give their debtors still further indulgence If
| compelled to enforce collections. they should
in the same fnir liberal rpirit, make compro-
misses with debtors, rs not to drive them md
| their families from home, kindred and friends
The existing ernbarrassmens growing out Of
the Indebtedness of the country will, like 9TH
er evils. produce beneficial results. Debtors
will find it to their interest to make final nd
justment Of their debts, even though they are
compelled to surrender their property. As
long their debts remain, interest will be ac
cun!ulatins in more disastrous bankruptcy.
If they surrender their property, now to cred
/: :ors. they resume their occupations and la
Dor with MISUNDERSTANDING that it's pro-
ceeds will. sooner or later, rebuild their broken
fortunes.
The debtor who desires to compromise with
his creditors has the means of compelling the
veriest Shylock to accept fair terms, or exclude
him in oil share of his estate by assignment
giving liberal creditors the preference, or by
voluntary confession of judgment.
Believing TINT no Stay Law can bo passed
embracing antccedent debts, that will not con-
flict with that clause of the Constitution Of
the United States which declares that $40
State shall pass any law inpairIng the oblign-
tions of contracts" ! respectfully recon-
! mend for your consideration for The relief of
debtors:
LIST. That imprisonment for debt on n,ense
and final process, he abolished. except in case
of fraud and then, punishment for the
crime rather than us q means Of enforcing pay
ment of the debt.
Cd. That no costs he tnxed against dcfen-
dnnt, either for the officers of tho Court or for
the Attorney. r,-a,ls
81. Tint the Insolvent Debtors Laws be 80
extended as that any debtor may, by petition
after due notice, summon in all his creditors
nnd upon assigning his estate and effects for
| their benefit, be discharged from all further Ii.
ability, not only sueing, but to oil other credi.
tors. Being thus relieved from the incubus rest
ing on him, the honest and enterprising debtor
will GO 10 work with alacrity and prove him
self n useful member to society.
Tho Congress Of the United States has au-
thority, under the Constitution. to pass uni
form laws Of bankrurtcy; bot there is no pro-
hibition upon the States, and as Congress has
not exercised the authority delegated to them,
the States may. with great proprety pnss such
laws-nnd they will continue Of force, until
Congress adopts general bankrupt aci-- which
would supercede all State legislation on the
subject.
The General Bankrupt Act of ls4l, passed
by the Congress of the United States, extended
| its provisions to antecedent debts and its con-
stitutioDality was not eontroverted by the
Courts. No Constitutional obstacle, therefore,
| preclude the General assembly from incorlo
| ating the same feature in the legislation.
| Itis proper here to remark, that if Stay
Law could be passed which could be free from
all constitutional allectiol it gould not pro
a creditor residing in the State who had do.
termiusd 70 enforcethe payment >of his debt,
eonld readily transfer it to Iion-rosid ent, an
if the sum exceeded Eve hundred dollars, suoh
nonresident could at once institute suit In the
execution and ellthe debtorBg p. 4 .prepsrty lpot-
withdrawing the existence OF Stay Law. Law.
| Such a Law would not be. Recognized or senfor.
aed Id sFsderal CouftSs bge eiit. 81 s' y
The Corsplsss aisosesriiassion of tkes'iabor
Of the Stote 10 1865; ;fssulted In The prodndticn
Of very ehoyt pteyision scfcYs !. ana 20 supply a
haze sIfeady hasis Imported into the Staser.as
sppymeps eost The irnpsrfss. 7, ergsnlSqtion M Of
ti,e1 1systef1 Of fFps and fhs unpfeceden-