The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-10
'ANTI=sTAY LAW AND general OR
DER No. 10.


have conclusivey shown in my former articles
| think, that the assertions of '' 'Anti-Stay Law
that the Stay Law OF force in South Carolina, i
the " cause Of capital being shy of seeking invest
ments in this State" and that but for it all, on
local debt would have been settled" are who'll.
unfounded and are ba sed on facts which exist onl
in his imagination. And in reply, 1 have show
the real cause of capital being shy OF seeking in
vestments" here. and have also traced the fact
that the Indebtedness of the country was not re
moved during the wer, to its true cause. I nov
propose to notice few other points which YOU
correspondent has made, and then to dismiss thu
subject.
In his second communication, lie again dwells
upon what he calls "the persistent policy of pro
crastination, which, according to his views, has
fatally infected the people OF this State, and de-
plores its consequence q long credit system
which has brought the Hayne and Meeting street
jobbing trade to ruin plunged our planters ant
their unfortunate but always credulous victims
the factors, in bankruptcy" &c.
Is the Hayne and Meetingslreet jobbing trade
The only business that has suite red and is now
prostrated? Is the case Of jobbing merchants al
exception? Is this not common calamity which
has befallen the country? Or does he think that
the jobbing trade" stands upon grounds of pecu-
liar favor and that those engaged in it who have
had ruin brought upon them, are the only persons
in the State who deserve sympathy and are enti-
tied to bewail their misiortunes beg pardon
he does not mention the poor factors in the same
connection, that guileess class of the commercial
yrl,o hov sip a1r
credulous victims" of the cunning and fraud oi
the cool and calculating planter Well this il
something new, and to use slang phrase, " this
is rich factors " victims" Of planters !
Your correspondents Imagination must have
been unduly excited by reading Owns Metamor-
phoses. He has transformed the dove into the
kite. and made lamb of the wolf. If it were not
ridiculous this charge would be scandal. The
writer, however, may console himself with the re-
Election that this accusation against the planters
will only have the effect to excite smile wherever
it is read.
Again, "Anti-Stay Law" SAYS, when their lmean-
ing debtors) "Acts" are declared unconstitutional
they crowd themselves on the military, and have
done by ''order that which the Court says il
wrong"
The Acts of the Legislature to which he refers
are, it will be observed characterized by him as
the "Acts" of debtors. Now this is going very far,
much farther, contend, than the history of this
law authorizes one to go. 1t was, as is well
known, passed in 1861, without opposition, or the
iaintest possible, Ill the popular branch OF the Leg
islature, and by large majority in tho Senate. BY
common consent it remained on the statute book
until the session OF 1865, when its passage was re-
sisted tor the first time after its original enact
ment In the meantime it had received the sane
ton OF the Reconstruction Convention in Septem-
ber, 1865 1t had been acQuiesced in by the peo-
ple. and by all departments of the Government,
during all this time. In May, 1866, case was
brought up from Charleston to the Court OF Errors
for the express purpose OF testing its constitutions
ality. The case originated in rule against the
Sheriff of Charleston, and was decided without ar
eument in favor of the law. The Court decided
the Act to be in conflict with the Constitution OF
the United States, so far as it was intended to
apply to contracts made before its passage. But
the Court did not pass upon the question OF
lts expediency, that was not the point
presented for adjudication 1t it had been
Court was confined i'll its deliberations to the
naked question that was decided. That question
am not now discussing; II is simply the ques-
tlon OF expediency that have been considering;
whether General Orders No. 10 have been the
cause of the evils which your correspondent has
attributed to them. To bring reproach and con-
tempt upon these orders lie attempts to produce
the impression that they are the result OF the Ell
forts of debtors only, who, from Interested mo-
tises, have pressed them upon the military au-
thorties after the Courts had decided the princi-
pla which they involved TO be- wrong. He would
have Your readers believe that.the Legislature was
either composed of, or Was controlled by, debt
ors" during the space of four years as we'll as the
Convention which met after the close of the war.
| have always supposed that, other things being
equal, wealth exerted superior power. But IN this
case it would seem that the poor and needy have
controlled the legislation Of the country, not only
against the Constitution but against the rich and
powerful; that falsehood and stupidity have out
wtted truth and wisdom, and fastened upon the
State measures which have prostrated her credit
and inflicted the deepest wounds upon her honor
and prosperity. Does any one believe this II so
[ would regard him as surprising even Charles
ton factor in credunty.
But not only. have these unprincipled debtors,
who have not paid their debts i'll twenty years
without the interpositon of the sheriff, had their
own way in the Legislature, but they have also
made dupe Of General SIcKLEs
This attempt to impugn the motives and asperse
the character of those who differ with 'Anti-Stay
Law men is characteristic regret to say, OF the
manner in which the latter have always discussed
this question. Such attempts are generally the
resort of disputant who is CONSCIOUS OF the weak
ness cf the CAUSE he advocates. They are not
only unbecoming, but impertinent; they have
nothing to do with the merits of the question.
They exhibit lad feeling as well as bad taste, and
are especially Inconsistent with the character OF
an Intelligent business man. In his article
headed "Rural Views on Merciless Creditors,
..Anti-Stay Law" has transgressed i'll this respect
to still greater extent. Before indulgng i'll the
conceited attempt at wit and the low rdcule which
mark that production, and which constitute Its
chief merit he should have reflected that he
threw the first stone; that he il was who appeared
IN YOUR paper for the purpose of making light the
set out to show that this legislation was the real
cause of capital not seeking investment IN this
State and OF the indebtedness which now weighs
down the people. He was met in argument and
challenged for proof OF his assertions. What is
his answer: Does he present facts or arguments
to sustain his position No For these he shows
a perfect contempt, aud runs on on line tnat
suiis him and bis causa better talks about its be-
ing sn easy matter TO get up good CRY on TINS
subject; ITO win local popularity by telling
debtors this is no time to pay" figures member
of the Legislature to be seen on the Courthouse
steps whiting stck and telling his rustic friends
that this is no time to pay debts that some
people consider that to he asked for the debts iS
great grievance" deprecates d'sreputabia state
OF -ubtc opinion SAYS that those non paying
debtors thinL that iii a simple matter OF debit and