The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-02-12

the House on the consideration of the bill.
Upon the subject of relieffo the people from,
their present distress, on account Of their IN
ability to meet their indebtedness, the commit
tee would venture a suggestion or.tWo:
1t is almost impossible, with the Gonsti.u-
tionai restriction upon our authority over con-
tracts, Tor this General Assembly to pass any
law for the relief Of debtors that will be free
from Constitutional objections. 1t is, therefore,
rlain, that our scheme for relief must rest, for
its success, upon the acquiescence Of the people,
and this acquiescence will not be extended to
any measure that entirely ignores the rights of
creditors. Again, it should be remembered
that among our constituents, there are creditors
as we'll as Debtors and those creditors need relief
who are poor we'll as honest
- The d. btor whose means are ample to meet
the demands of his, perhaps, suffering creditors
(for there may be rich debtors and poor credi-
tors) but who desires to avoid them, by borrow
ing from the general distress, to shield his dis
honesty. has 10 claim upon US Tor relief. Again,
it should be remembered, that by as much as
We case the load of the debtor We Increase the
embarrassment of the creditor class, unless our
schemes are properly guarded; aud we should be
cautious, lest in being generous to one class, we
should fail to be just to another.
These sweeping schemes for relief which
indulgence, and those who do not, afford en-
couragement to dishonesty, and 10 as far they
relieve debtors who not in want Of it, un-
justly and unnecessarily harrsss another class of
our constituents. Those creditors Of our people
who are non residents, are beyond our control.
The United States Courts furnish them the
means Of promptly recovering their debts, pro-
vided they amount to five hundred dollars and
it is within the power of Congress to extend
their Jurisdiction to smaller sums, which Con-
gress will assuredly do, if the laws of the State
furnish them no remedy. These considerations
plainly teach u.s. that in this matter moderation
is wisdom, and prudence dictates that VIC should
be careful of shocking the sense of fairness of
that class of our people whose rights are, after
ALL in their own hands That this Committee
is not hostile to any scheme for relief is evil
denced by the fact that the Bill 10 amend the
Stay Law, passed before the recess, which post
poncd the payment Of the debtors instament
till the Spring of 1868, if he cannot pay it at
the ensuing Spring term; the Bill to establish
Homestead; and also the Bill lately passed to
abolish imprisonment for debt, were all framed
and introduced by members Of this Committee.
Should they become laws, the Committee would
suggest that they would contribute greatly to
relieve the present distress of the people, espe-
caly if in addition thereto, Bill which has
passed the Senate, which prohibits sales of pro-
perty under execution for less than three fourths
of its appraised value, shall receive the approba-
ton Of the House. If debtors are relieved of
the trouble of procuring bail, are allowed an ad-
ditional year to raise the small! instalment of a
tenth. without, in the meantime, giving the
creditor any security whatever, as compensa-
ton for the delay; and it, when after final pay
ment, they are assured that their property will
-
but must bring at least three fourths of its ap-
praised value, then, in the opinion of the Com
mittee, this Legislature has afforded all the re-
lief it is proper or possible to give.
JNO. NJ. PERRY,
For the Committed