The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1867-12-14

deyoiyes upon shis cgaditon ITO discharge that
pbligatioaH All things being, equal our motto
would sbgsso live and let lise.i Nov lit. would
seem serylhqrd to, make the debtor rqsponsib bic
forr ealseRitys that had befallep him by an pes
of Aodi and which lhe could not AVOID. In the
same wayb We think. the debtor should not be
bound tomake good q misfortune ,entailea upon
him By al act of the United lstates,2i True,
that whsPp q man purchases property. ho does
it ct his own risk But a risk in the nature Of
q, general calamity or, misfortune to himself
or'conntry is never considered in the transac-
ton, because anticipation Of iany such events
would destroyall confidence lin the thing con-
templated and he would mover enter into. nm
agreement But5we thinktyour case an isola!
ted one, andSSan 6ny 1appcTtain in the matter
of few instances, as dispensations of general
calamities like this by the hand of lProyi-
dcncc, is SAY the least, mover expected If,
however, 1by a'strokc of Providence, the houses
Of all debtors should be RACED to the ground,
and these houses consisted Of their means to
pay should like to know wherein would lie
their ability to do So Creditors might take
their last shirts and if God Had ordained, that
they should, we think that 'thcylwould be ,justi
fiable-inf1so doing but this would not liquidate
their claims. But We suppose if God has any
thing to doin' such matters ,(and We think he
has not) that in such IN event Hc would make
other Arrangements. Bit we think the spirit
ual actaof God have nothingito do with the
temporal!!aws of man, aud that therefore ma
tons caahot lcgistate to meet Proyidontial dis
ponsatiShss We do not think your case a
paralcll5Synae,S l5ynae,S,, .,I i t.,y. i...a,. +
Again; you suppose two brothers A and. b
to receive legacy each. Of FIVE thousand dol
lars in gold and that each invests to the full
amount;of llisp money in negroes before. the
war; pays for his pnrci,asc in full. B
buys his negroes on credit and purchases a,finc
plantation with his legacy. Repudiate negro
debts and you ask where is the equal justice
in the case. Now a has paid for his negroes
in full and as a matter of course has lost them
has purchased a fine plantation and given
! his bond for the negroes. Repudiatel negro
debts and he. has his fine plantation still, worth
about one-tcnth of what it was when he bought
it, Suppose negro debts ,are~not repudatcd,
his fine plantation and eight others like it will
not pay for the negroes Now reputation, or
no repudiation, A losses his Investment any
how, and if you do not rcpudate, B is eight
times worse off than he was before he pur-
chased his fine plantation.
AS to guardians and trustecs, l think. you
have fully sustained my argument, though un-
Intentionally. Speaking of the guardian or
trustee, you say-"If in the course of his duty,
he makes investments for the actual use and
benefit of his cestuis quc trust, and which were
proper at tho time, but afterwards turn out
badly, the guardian or trustee should not suf-
fer" I fully indorsc your opinion in this
matter, and as said in your last issue, if the
i wards property was invested in negroes I did
not think the guardian saould be held respon-
sible I may not have been as exact in my
selection Of terms as should have been In
other words; | mean to say, that If tho minors
or wards property consisted of negroes, L do
noo think the guardian or trustee should be
held responsible to make good the proceeds Of
the sale of those negroes. If the property
consisted of lands, let those lands or their value
in money go for the benefit ofohis cestuis que
trust. lc ui H,3oyla
Changing the Constitution: this you regard
rs dangerous ground. We cannot see why.
The trainers of the Constitution did not intend
that it should forever remain unchanged, for
the Constitution itself, says that whenever
two thirds of both houses of Congress shall
deem it necessary, shall propose amendments
to the Constitution" From this it would ap-
near that our forcfathers contemplated the DOS