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

~N"te "'efO " 6c tHGfgNhHf UQWY ASvS. e.
The views OF business men" on O subject like the
one which heads this article are entitled to con-
sideration; and hence the time 1 have devoted to
your correspondent, 'Anti-Stay Law" as no has
assumed TO represent that class Of our commercial
metropolis. l now propose to notice some Of the
points which were not touched upon in a former
article.
And, hrst ! would put your correspondent right
upon a subject with which ho does not seem to be
familiar, viz the laws regulating the practice Of
our Courts. He says, through tho mouth of his
New York friend, that, "if wo sue them (Southcrn
merohants) it will take eighteen months or two
years to got Judgment" III he has been o "busi-
ness man" long, he must know that in all cases,
except in the summary process jurisdiction, where
Judgements are rendered the first term, an impair
lance of ono term is allowed, and Judgments arc
obtained the second term. AS our Courts sit twice
a year, Spring and Fall, Judgments are therefore
obtained in the general jurisdiction in six months
from the return of the writ, and not in eighteen
months, or two years." In this respect the Federal
Courts conform now to the practice OF the State
Courts. There is, therefore, no such legislation
III this State, as your correspondent pronounces
"a fraud upon business men, and an incubus on
trade" He has set set mp q man OF straw for the
exhibition Of his pugilistio skill. YAK
., But admitting for the argument that our laws
regulating tho practice of the Courts in this res
and which have been on the statute book
from the earliest times, are wrong; that they af-
ford too great indulgence to debtors, what, I
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 in
the law beyond the revocation Of those orders ?
OF does he intend what he has said on this SUBJ
ject, and on the propensity Of our people to
postpone payment of their debts, and on tho sub
Ject OF "procrastination" generally, as o lecture
merely on these evils which, he says, prevail in
this StateP II so, then it is harmless-indeed
may be productive Of some good. I remember.
when an sold field" school boy to have labored
hard over the copy set for youthful penmanship-
Procrastination is the thief Of time" That is,
though may not have felt the force Of it then, a
great moral truth, and ''Anti-Stay Law" may en-
large upon tie text to his hearts content, without
a remark from me.
But what connection the STAY Law has with these
matters I am unable to perceive. They have been
thrown i'll by the writer, it would seem, merely az
make weights, and 1 must apologize for note
ing them at all. Let us return to the real question
in hand. IA
"Anti-Stay Law" says, his New York mouth-piece
speaking for him, but for the Stay Law all your
local debt would have been settled; now everything
your people owe is piled up against them"
This statement has been made oftentimes before
by the opponents of this measure Of relief, and has
as often been refuted. But, as it has been exhumed
and again brought to light, and, If true, would ma
terially affact the argument In favor of the policy
OF such legislation, I propose TO show it's utter
falaity ind absurdity. t5!H ~GI XIV
The measure known as the Stay Law was enact
ed first in December, 1861. This was after The
movement had ended in open, farrant
war. Blood had been shed, and tho drum beat
ito arms !" wss heard throughout the land. The
had como whom all thoughts of peace and
reconciliation had faded away, and the wild shout
OF war" war" was flung upon the breeze. The
south, the weaker section, had summoneda all her
nrms-bearing sons TO the field. The counting
house. and the a~rtizan's shop were closed the
white man left his fields to be titled only by ala yes:
all business was suspended, except that which the
stern necessities Of war called for. Theprodue-
tion,of supplies for the ,army-foo,d, clothing, and
shs-aitions of war. rnnrSnnnl.aaA a. ;->sas...~., ..aJ
labor OF the whole country. Thinking men saw
that in the great contest in which they had en-
1t was necessary that all the material re-
sources Of the country should be concentrated and
placed at the disposal of the Government, that all
hope OF success depended on thie. Hence the
OF the law limiting the production Of
cotton hence this measure-the STAY Law, and
many othor acts Of legislation.
The debt due to the country was the one which
1hen claimed attention., and was expected to be
pald. Inc arms, hearts, and purse, and, if needs
be, the blood of the people, were demanded. and
they were offteged with willing minds. Individual
debts were not thought Of or named at that dav.
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. |
'SIate'' arms silent teges.' 1t was at a time like
this that your correspondent would have us believe /
ledgers We're to be thumbed over and balanced i
soldiers and citizens alike beset by bills, bailiffs
and duns. Has he ever read the case Of John
HOOK whom PATRICK HENRY has immortaIized in
who is DESCRIBED by the great orator as
%brawling, through the American camp.
peer! neetl beefl and disturbing with his dis
cofdant notes the, general Joy, and silenoing the
Of victory at the surrender of Lord
on the plains Of York? II not I beg
70 commend 1t to his careful perusal rs having
some application here. =ar -eSar ,~
The history OF the times bears, testimony to the
fact that, from the very beginning Of the war. the |
people, with few exceptions, devoted all their
MEANS their money and other property, to carry
1t Oh. Their duty was not confined to paving
taxes in money and supplies (the 1.-THE
t~x) to the Government, State and Confederate.
They denied themselves Of all Injuries. and. in
many instances, Of comforts, at home, to meet the
constant call for private contributions OF supplies
for the soldiers In the field. Our women Piled the
needle day and night in making mp clothing for
their sons, and stripped their beds of the last
blanket for them. No fact in tho history Of those
times that tried mems souls, " Isl better known
than that, owing to this cause OF the burdens OF
the war, nothing was realized from agricultural
operations during those long years-tbat there was
no income from this source. How, then. could
the people have paid their debtsp with Confederate
money, say those who have fallen into the error of
your correspondent. Because they were lucky in
their speculations, or had fat government offices.
which enabled them to handle Confederate notes
by tho bushel, or lived in communities where
others were thus fortunate, they have been led to
suppose that everybody in the State had on hand
during the war a large surplus Of this sort Of cashs
Never was there q greater mistake. Down to
the time when, Confederate notes had become so
much deprecated that creditors would not take
them in payment Of debts, the people generally
had not realized even of this sort OF money more
than sufficient to meet their expenses. Their in.
come from planting, as I have already stated, was
nothing. The cotton that was raised the first
yearssof the war amounted to- a moro tri1e. And
in 1884, when. Confederate notes began to depre-
ciate rapidly. creditors in the country generally
refused them in payment OF debts contracted be-
fore the war. The banks, 1t is true, continued TO
foIro thar All @1n 4-I ..-.- Ill