The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-09-26

|
relief TO debtors" Mr.. Lord contended
| that the whole argument had been not as
| to tho necessity Of changing the torms
| of the Courts, but as to tho 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 u lawyer, announced that the bill, as 1t
now stood before tho House, was in his
| opinion unconstitutional.
| Mr.. Lord replied that he had no hesita-
ton in saying that in any legislation which
/ has for its object the relief Of the debtor.
| whether it assumed tho form Of O change ef
remedy, or change in tho time of holding
courts was an unconstitutional evasion Of
The spirit if not q a,violation of the law.
Mr.. Darlington said that the gentleman
! did not answer the question. Ho had dis
cussed tho objects Of the bill apd declared
them to be unconstitutional aud it was evil
dent that his object was to put into the
| title Of tho 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 Newberry 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 he did not
deny that his own private view was TO afford
relief to debtors, but no court in the world
had right to interfere with his motives,
and doubly 80 when they did not appear in
! the bill under consideration.
Mr.. Trescot observed that he supported
this bill, not because il was for the relief of
debtors, but because ho believed the interest
of the creditors Of the State required that
tho court should not be opened at q time
when it would occasion much distress.
There were thousands Of planters in tho
State. especially in the low country, who,
under the peouniary circumstances which
exist between the State and Federal authori-
ties whereby their estates are still in the
hands of other than their rightful owners
who would be ruined unless time is afforded
to recover further losses. 1t was therefore
matter of public interest that he should
support this bill but If he voted for changing
tic title in the manner suggested he would
be untrue TO the convictions entertained.
Mr.. Mullins moved to hy it on the table.
The yeas and nays were ordered and the
motion was sustained by vote Of yeas 68,
nays Al.
Mr.. Barker offered as substitute the
following title to the bill: A bill TO suspend
the administration of justice in South Caro-
lima for the general welfare.
Mr.. Trescot said that the intention of the
gentleman from Charleston, had been sub
served by firing off his epigram; he moved
that it be laid on the table. ;.
Mr. Barker replied that twas not his
nature to deal with issues Of serious impor-
tapoe affecting tho dignity ofSouth Caroli-
ma, in the spirit suggested by the gentleman
namely, to See truth put upon the record,
and he proposed. simply that the advocates
of this measure, as q last resort, having
justified tho suspension ofthe ndministra-
tion of justice for general welfare they
should announce it.
Mr.. Bonham suggested that it was usual
for friends of a measure to perfect and give
to it their own title The assistance Of tho
honorable member. who had suggested the
amendment, was not required. We (said
Mr.. B. took the responsibility of the bill.
as it stands, and no friend ofthe bill has
proposed to alter the title; he moved there
fore, 10 lay the motion to amend upon the
table.
Mr.. Lord defended tho right of tho oppo.
ncnts Of the hill to amend%he title, by cit
ing the action of the United Stated Congress
in 1880, when Mr.. Calhoun saw fit, under
similar circumstances, to change the title Of
an important bill then under consideration.
Mr.. Trescot disclaimed any intention of
misrepresenting his friend from Charleston,
MI. Barker. What he chiefly desired to
impress upon the House was that the bill
was calculated to subserve the ends Of jus
tice by suspending the COURTS, and not In
the language of the proposed title to sus-
pend justice for the general welfare.
Mr.. Bonham renewed his motion to lay
the amendment on the table, which was
agreed to, and the bill as amended, was
ordered to be sent to the Senate.
The bill amending an act entitled on aot
to establish district courts was taken up,
perfected, received it's second reading and
was sent to the Senate.
A bill amending the criminal law was
likewise perfected after debate, and sent to
the Senate for concurrence. .
The bill to. provide an expeditions mode
Of ejeoting trespassers which Mr.. Warley
explained, would enable the planters at the
end Of the year to obtain possession of th Q
Negro quarters without giving three months
notice was read second time and sent to
the Senate for concurrence. On. motion Of
Gen. Butler tho House then took a recess
until haif.past seven O'Clock Ia the even
ing.