The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-07
THE STAY LAW AGAIN.


sideration; and hence the time have devoted t.
your correspondent, "Anti-Stay Law as he ha
assumed to represent that class of our commercial
metropoliss L now propose to notice some Of tn
points which were moi touched upon in forrne
articley
And, first would put your correspondent righ
upon subject with which he does not. seem to b.
familiar, viz the laws regulating the practice o
our Courts. He says, through the mouth OF hi
N.ew York friend, that, 'if We sue them (Southerl
merchsnts) it will take eighteen months or tw'
years to get Judgment II he has been 'busi
ness man" long, he must know that in all cases
except in tho summary process jurisdiction, where
judgements arc rendered the first term, an inpd''
lance of one term is allowed. and judgments arr
obtained the second term. As our Courts sit twice
year, Spring and Fall, judgments are therefore
obtained in the general jurisdiction in six months
from the return of the writ, and not in "eighteer
months two years" In This respect the Fedora
Courts conform now to the practice OF the State
Courts. There is, therefore, no such Legislation
in this State, as your correspondent pronounce:
"a fraud upon business men, and an incubus or
trade He has set set up man Of straw for The
exhibition of his pugilistic skill.
But admitting for the argument that our laws
regulating the practice of the Courts in this res
|poct, and which have been On the statute bool
from the earliest times, are wrong; that they af
ford too, great Indulgence to debtors. what,
would ask, have they TO do with the ''Stay Law
or General Orders No. 10? Does your correspond
ent intend, or propose, TO Introduce reforms ii
the law beyond the revocation of these orders
Or does he intend.what he has said on this sub
ject, and on the propensity" of our people te
postpone payment of their dobs, and,en the sub
iect of ''procrastination generally, as lecture
merely on these evils which, he says, prevail in
this State2 If so, then it is harmless-indeed
may be productive of some good. remember
when an ''oid field" school boy, to have labored
hard over the copy set for youthful pepmanship-
"Procrastination is the thief of time" That is
though l may not have felt the forceof it then, Q
great moral truth, and "Anti-Stay Law" may en-.
large upon tie text TO his hearts content without
provokinga remark from me.
But what connection the Stay Law mas with these
matters, / am unable to perceive Thoy have been
thrown in by the writer, it would seem merely as
'make-weights," and 1 must apologize for note
ing them at all Let us return to the real question
in hand.
sAnti-Stay Law" says, his New Tori, mouth-pecs
spea King for him, 'But for tie Stay Law all yeul
local debt would have been settled; now everything
your people owe is piled UP against them"
This statement has been made oftentmes before
by the opponents of this measureof relief and has
as often been refuted. But as ithas been ezhumed
and again brought to light. and, if true, would ma
terialy affact the argument in favor Of the policy
of such legislation, propose to show its utter
falsty and .sbsurdity.e i'.-t "a:
The measure known as the Stay Law. was enact
cd first in December, 1861. This was after the
Sc .ssion movement had ende. in open, fiagran.
war. Blood had been shed and the drum beat
:'to arms !" was heard throughout the. land. The
time had come when all thoughts of peace and
reconciliation had faded away, and the wild shout
Of "war," ''war," WAS flung upon the breezes -The
South; the weaker section, had summoned all her
arms bearing Sons 10 the GAla- The counting
bo,se and tbe artisaf,'s shop were closed; inc
:, Isr srs nrtds to be tiled only yssves
all business was suspended, except that which the
stern necessities of war called for. The produc-
ton of supplies for the army-food, clothing, and
munitions OF war, rnonopolized the industry and
labor OF the Whole country. Thinking men saw
that in the great contest in which they had en-.
gagged, it was necessary that all the material re-
sources of the country should be concentrated and
placed at the disposal Of the Government that al
hope of success depended ON this. Hence the
enactment of the law limiting the production o.
cotton hence this measure-the Stay Law, and
many other nets OF legislation.
The debt due to the country was the one which
then claimed attention, and was expected to be
paid. The arms, hearts, and purse, and, il needs
be- the blood Of the people, were demanded, and
they wore offered with willing minds. Individual
debts were not thought OF or named ut that day.
except, perhaps, by the few who are now moaning
over the loss of their treasure. The Courts were
practically closed the ancient maxim was realized
.'Illter 0rmts silent ieges." 1t was at time like
this that yourcorrespondent would have us believe
that lodgers we're to be ehumbcd over and balanced
soldiers and citizens alike bosot by bills, bailifi
and duns. Has,he- ever read tho case Of JoHe
HOOK, whom PATRICK HENRY has ipmortalized ir
ridiccIe, who is described by the great orntnr as
hoarsey brawling Though the American camp
beefi beef beef and disturbing With his dis
,cordant notes The general JOY, and siencing tnt
accla1nations Of victory at the surrender Of Lore
CoRNwALL1s on the plains Of York If fnot Ibee
ito commend it to his careful perusal as having
some application here.
Tho e-h5stczy OF the times bears testimony tostht
factsthatsfr the very beginning Of the war, thu
people, WITH few exceptions, devoted all tho
means, their money and other property, to carr.
it on. Their .dnty was not confined to paying
onerous taxes in money and supplies (the tithi
tax to the Government, State and Confederate
They denied themselves of all Injuries, and, il
many instances, Of comforts, at home, to meot thu
constant call for privateeontribution OF supplies
for the soldiers in the field. Our women piled th'
needle day and night in making up clothing fo
their sons, and stripped their beds of tho las
blanket for thsnn No fact in the historyof those
times that tried mems SOULS is better know
than thai, owing to this Cause of the burdens o
the war, nothing was realized from agriculture
operations during those long years-that there wa
no income from this source. How, then, coult
the people have paid their debts With Confederate
money, say those who have fallen into the error o
your correspondent. Because they were lucky n
lueI SPecuiatIOub, OV uSu Iat SCNcTuheHI uiucS6
which enabled them to handle Confederate notes
by the bRehe or lived in communities where
others were thuS fortunate, they have been led t,
suppose that everybody in the State had on hani
during the war large surplus Of this sort of cash
Never was there greater mistake. Down Il
the time when Confederate notes had become SO
much deprecated that creditors would not taxi
them IN payment OF debts, the people general.
had not realized -eyep OF this sort OF money NOR
than sufhccHt TO meet their expenses. Their in
come from planting, as I have already stated wa
nothing. The cotton that WIS raised the frs
years of the var amounted to mere trihe Ant
In 1S6afwhen CoHHd crate notes began 10 depro
ciates raMdly creditors IN the.eountry genoraH
refused them in payment OF debts Contracted be
lorsthe war. The banks, it is true, continued t.
take them Till the end came; but the people gen
orally were not indebted to the banks they owet
oneanother To aun. up the whole: During tn
! first years OF the war the reoplc on account O