The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-02-06

80 sRVENTERETH DAY. :,

o'clock. Prayer BY Reg, FL, Gar
The Committee, ION Petitions re.
ported iavoraBly upon the petition of
w, ). Mixer, praying that he be re-
stored to the privileges Of the elect
i've franchise. Adopted. ~ s
the FFealdent- laid before the C,n-
vention the following communication
from headquarters: '' ''',es' :. g
HEADo'Rs 2D MILITARY DISTRICT,
CHARLESTON. s. c.. Jan. 81, 1868.
President Of the Constitutional Conoe,,-
tion, Charleston, s.. @. -
SIR: I have the honor to acknow-
ledge the receipt from you of the
preamble and resolutions adopted by
the Convention, on the 25th instant,
requesting me ''to suspend for three
months all sales of property under
execution or other legal process,
under any Judgment or decree rem
dered by courts of this State for q
debt or debts contracted, up to the
acceptance by Gen. Canby of this
resolution, except for laborers and
mechanics and liens upon crops to
secure advances made by factors and
other persons"
The subject of this resolution has
been one of serious consideration
from the moment entered upon this
command, and to aid me in that con-
sideration, have endeavored to
gather from the sources of informa-
tion within my reach all the facts
that bore directly or indirectly upon
o question so important and so deli
cate. 1t is not proper that should
enter into any discussion of the
principles involved in the solution of
the financial questions suggested by
the resolution. These come properly
under the consideration of your
body, or of the Legislature by which
it will be followed. My own action
on the Immediate question must be
determined in measure by other con-
siderations.
The resolution, although general in
terms, is divided by the effect of the
action heretofore taken upon the
subject. The first decision embrace
ing debts contracted prior to the 10Th
of December, 1860, and the second,
those contracted subsequent to the
18th of May, 1865, the intermediate
period being covered by the stay
provided for in General Orders No
10. of April II, 1867. The debts
embraced in the first decision were
also stayed by the same same orler.
but proceedings for their recovery
were revived by the notifications
made by General Orders No. 164. so
far rs they were covered by judg-
ments rendered prior to the 18th of
December, 1860. or subsequent to the
organization of the provisional GO
vernment aud the re-establishment of
the United States Courts under the
Presidents proclamation of June 80.
1865.
The object of the modification of
General Orders No. 10, by General
Orders No. 164. was to bring the
class of cases affected by the former
order within the limits established by
the decisions of the Supreme Court
of the United States, and arrest, as
far as possible, flood of litigation
that wonld be fruitful only in impos-
| ing additional burdens.
The experience of the last thirty
days has demonstrated the fact that
there are still many cases of this
class, in which either the contract
itself. or the consideration of the
contract. or the proceeding by which
it is sought to be enforced, may be
questioned hereafter as unlawful, or
as against public policy.
The apprehension that the pro-
ceedings in these cases are not final.
together with the depressed financial
condition of the State, has produced
n state of affairs that is rninous to
the interest of both creditor and
debtor. have endeavored to meet
the wishes of the Convention by the
enclosed General Orders, which will
operate as stny In all cases where
| the prOperty would be sacrificed Inv