The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-09-12

crzna,sa
ing it, the expense will hardly be felt, auj
| in the meantime .thc cQnvicts eau hs sub
sisted as chcaply as in the district iails
| while the labor ofsuch as arc mot require,
| on tho building can bc devoted to the vnri-
GUS manufactures of leather, wood and iron
yielding u fund to the State to meet the cx
penso OF their subsistence.
!ryou should determine 10 establish
Penitentiary, i, will be necessary that pun
| :shmonts nov imposed by iuw be so changct
rs to conform TO the new prison syslon.
Before passing from the subject of th
criminal Law, ] desire to invite you alton
tion to the necessity for more stringsn
legislation 70. the suppression Of vagrancy
The law should not only provide for th
punishment Of lido and dissouto persons
who arc permanently domic'cdy but shou!,
| cNtcua TO transient persons wandering ovci
The State, and who have no visible means o
support and the duty Of enforcing the law
should be dcvolvcd under stringent penal,
| ties. upon the clerks, shcriils, magistrate.
and constablcs Of the several. Districts
Since ) our Adjournment in December laat
the Court Of Errors in ttis State have, with
o single dissenting opinion, declared the
Stay Law and all amendments thereto un-
constitutional, This decision has produced
restivcncss and dissatisfaction in many
parts of tho State. Public meetings have
been held in several districts, aud tho I.c.
gislaturc has boon appealed to, 10 furnish
some protection to the debtor class who
anticipate general sucng in the fall torn of
the Cour $.
| After n careful examination of the opiu
| ion OF the able and learned Chief Justice. rs
VOL as other authorities, | feel il my duty
to say that concur fully in the opinion OF
| The Court, and believe that their exposition
Of the Constitutional question is unanswcr-
! able.
The people Of South Carolina havc been
F, proverbially law abilng and when an
nrchy rcigacd snprcmc, after the fall Of The
! Confcdcrncy, lawlcssncss was universally
discouraged by the better classes in every
community. Now, when civil law is res
torcd and wc. arc romittcd TO our own laws
AMI Courts to protect rights aud redress
wrongs, surely no citizen Of good rcpulc
will advise lulnult and violence against the
solemn Judgment Of tho highest judicial tri
bunal in tho State.
In view Of tho circumstances surround
ing us-when il is remembered tha, the
State has just emerged from long and dis /.
astrous war, IN which not only her sons
but her resources were prodigally bestowed;
that our banks have been destroyed; that
perty have bcccu nnnihilatcd; that all the
fountains OF credit and property have been
broken up; that our system OF labor has
boon thorouGhlyd3Scrgan !, that .hc. 70
; frcshing md roylvifying showers have been
withheld from parchcd and exhausted
soil, and that want, if not famine will keep
ghastly vigls in mansion and in hoycl,
when it is remembered that nearly all Of the
merchants of the State have beon able to
| compromise their Indebtedness to Northern
merchants on the most liberal turms---surc.
~, tho creditor class will practice forbcar-
| anoo and give their debtors still further in
diligence. lfcOmpellcd 10 enforce colcc-
tions, they should, in tho same fnir' and
liberal spirit, make compromises with lch.
tors, so as'not 10 drive them and their fani-
lies from home, kindred and friends.
The existing cmbarrassmcntl GroSihS
out of the Indebtedness Of the country viii !,
like other evils, produce beneficial results.
Debtors will find IL to their intrrc = to make
final adjustment of their debts, oven
though they arc compelled to surrcndor
their property. As long as their debts rc-
main, interest will bo accomplishing TO cul-
inmate in moro disastrous bankruptcy. If
they surrender their property, now, to Gre.
dit ors, they can resume their occupations
and labor with chccrtulncss = knowing ,hat
It's proceeds will sooner or later, rcbuild
their broken fortunes.
The .dob!or who desires 10 compromise
with his creditors has the mcans Of compel.
ling tho vcricst SlAYock to accept fair terms
or exclude him in Al share of his estate by
assignment, giving liberal creditors The pre-.
ference, or by voluntary confession Of imdg
incift.
Believing that no Stay Law cEn DO pass
ed, embracing antcccdcnt dc6ts, that will
not conflict with that clause of tho Consi-
tuition Of the United States whioh declares
that ono State shall pass any law impairinng
the obligations Of contracts" respectfully
recommend for your consideration for the
relief oil debtors:
1st. That Imprisonment for debt, on
mesne and final process be abolished, except
in case OF fraud and thcn, .ns q punish
lncnt for the crime rather than rs n means
Of enforcing payment of the debt.
.. That no cost be taxed against q defend
chi, either for tho officers Of the Court or
for the Attorney
s. That the lnsolvent Debtors Laws DO
SO extended as that any debtor may, by pc
liiion, after due notice, summon in al his
creditors, and upon assigning his estate and
effects for their benefit; be discharged from
NIL further liability, not only to sueing but
TO oil other creditors. Being thus relieved
from the incubus resting on him, the honest
and cntorpriaing dobtoS will go to work with
alacrity and prove himself useful member
| to society.
Tho Congress Of the United Statos has
authority, under tho Constitution, to pass
uniform laws Of bankruptcy; but thore is
no prohibition upon tho States, and as Con-
gress has not exercised tho authority dele
gated to them, the State may, with great
| proprioiy pass such laws and they will
continue Of force, until Congress adopts q
general bankrupt acl--wi,ich would upcr-
, ccdo all State Legislation on the subject.
Tho General Bankrupt Act Of 1871, pass
cd by tho Congress Of the United States,
| extended It's provisions to aniccedcnt debts,
and Ito constintionality was not controvert-
cd by The Courts. No constitutional obs
stacle, therefore, would preclude tho Gcnc-
, raj Assembly from incorporating The same
fcaiur In their legislature.
i, is proper here 10 remark, TINT ifa Stay
law could be passed which could BIO free
from all constitutional objection, 1t would
| not protect debtors from snit in the
Federal Courts. A creditor residing in tho
State who had determined to enforce the
payment Of his debt, could readily transfer
| IL 10 q nonresident. and il the sum oxoeede
cd fvo hundred dollars, such nonresident
could at once institute suit In tho United
Sfotoo rourl ronnyar INDIGNANT iRgIe nYe-