The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-01-14
FOR TIE WESTERN DEMOCRAT.
Reputation.


Mr. EDITOR Il understand that the snh;ect
ct Reputation Is being canvassed by some of the
delegates to the Constitutional Conv enticn. and
that they are requesting instruction from their
constituents relative to the policy which they
should pursue in the premises Will you, there
FORE have the kindness to allow me through the
columns OF the Democrat to present to the pub
lie and those delegates few thoughts relative to
that subject
The reasons given in favor of reputation so
far as | have heard them expressed may be briefly
stated
First 1t would not make much difference to
the people generally, because if \ owes B one
hundred dollars, and 3 owes C one hundred.
and Z owes ID one hundred and so on if all those
debts were swept off with one reputation act,
they would all be just about as we'll off as if those
claims had been settled according to law
This view of the case pre-supposes that every
person Is owing just the same amount of money,
and If it were correct, all that would be neccs-
sary fer all those parties to have an honorable
adjustment of their claims would be for one of
them to get the material aid to pay off one per-
con and all the others could follow in the train
without any other trouble than that of handing
over the funds. But as it is not correct, with
those who owing considerable amount and
have but very little due to them, where there is
ho III ODlSdtlOllS 10 give inc PHI a
better taste it may be swallowed down as sugar
plum and be regarded as quite palatable.
The second consideration by which | have
heard this policy advocated is, the amount of i'll
debtedness is great that the collection of those
claims at the present time would prove ruinous
to the citizens of the country.
This is decidedly plausible position to as
sumo, and were it not for the counterpart, might
serve as specious basis for action. But there
are creditors as well as debtors and although we
cannot arrive at any definite conclusion in regard
to the relative numbers connected with those
parties disposed to infer that the creditors
embrace the largest class, and us dead mems
debts are not entailed upon their posterity,
pudiation act cannot relieve the suffering Incl
dent to the present embarrassed condition of
financial affairs, but will only transfer it from
those living who arc indebted to their
creditors, aud in many cases to the helpless and
dependent; and while many debtors whose sense
of honor and regard for moral obligations would
not inpel them to pay their debts might rejoice
at the passage of reputation act by the Con
vention, such an act would fill many widow S
home with wailing and battle many helpless
orphans checks with the tears of anguish.
But we come to the law.
/ would respectfully refer those delegates who
desire to know the sentiments of the people rela-
tive to reputation to Art /, Section 10. of the
CONSTITUTION of the United States part of which
is, that ''no State shall pass any erpOst ttcto law
or law imparing the obligation of contracts" If
] understand any thing in regard to the obliga-
tons connected with contracts relating to debts.
there is LIST, an obligation giving the creditor
the right to collect the claims due him according
to the contract I'd. There is an obligation upon
the part of the debtor to pay his debt according
to contract. In the section to which have re-
guarantees that no State shall impair those obi
cations, and the delegates to the Constitutional
Convention ihave sworn that they will faithfully
support the Constitution and obey the laws Of
the United States and will to tho best of their
ability encourage others so to do.
In view then of the facts, LIST. that repudia-
ton act cannot be passed without impairing the
obligations of the contract between the parties
connected with the debit and %, that the Con-
stitution of the United States guarantees that
this shall not be done; and 3D., that those dele
gates have sworn to support the Constitution
and obey the laws of the United States" how can
they pass a Reputation act or confederate stay
law without the most fragrant violation of the
obligations of the oath under which they act.
Would it not be decidedly more equitable and
honorable to all parties connected with debts. for
the Convention to guarantee to the debtor that
if the creditor should force his property to sale
under execution that it shall not be sold for less
than its specie value as estimated by competent
and DISTINGUISHED jury of freeholders. The in
terests of the country imperatively demand that
SEINE guarantee of this character should be made
and it may be done without imparing any OF the
obligations of the contract between the parties by
an injudicious, dishonorable and criminal repu-
aiatiop act SEXTUs.