The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-05

from the sources OF information, Wltnln my
reach. all the facts that bore directly or ndl-
rect question SO nPprsShnT sSnd anu So
into any discussion OF the principles involved
in the Solution of the financial questions sug-
gested by the resolution.
These come properly under the consideration
of your body, or Of the legislature by which 1t
viii be followed. My own action on the lmme-
date question must be determlneu III measuue
by other considerations.
The resolution, although general In terms,
ia divided by the effect of the action heretofore
taken upon the subject. The tlrst decision EN-,
bra:ing eebts contracted prior to the 18th OF
Dec ember, 1860, and the second, those con-
traated subsequent to the 18th OF May, 1855,
the intermediate period being covered by the
staJ provided for in General Orders No. l0, OF
| Anil IL. 1867 The debts embraced in the
frst decision, were also stayed by the same Or
der, but proceedings for their recovery were
revived by the notifications made by General
Orders No. 164, far as they were covered by
judgments rendered prior to the p lstn OF De
ceraber, 1860, or subsequent to the organlza-
| tioa of the provisional government and the re-
! establishment OF the United States Courts un-
der the Presidents Proclamation of June 80,
! 1866.
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 for
NOR order within the limits established by the
decisions Of the Supreme Court Of the United
| States, and arrest, as far as possible, O flood
of litigation that would be fruitful only ir I'M
posing additional burdens.
The experience of the last thirty days has
demonstrated the fact that there are till many
cases of this class in which either the contract
| itBelf, o: the consideration OF the contract,
/ or the proceeding by which it is sought to be
enforced, may be questioned hereafter as un-
lawful, or as against public policy.
The apprehension that the proceedings IN
these cases are not final, together with the de-
pressed financial condition of the State, has
produced q state of affairs that is ruinous to
| the interest of both creditor and debtor. l
have endeavored to meet the wishes OF the
convention by the enclosed General Orders,
| which will operate as stay in all cases where
tile property would be sacrificed by the i'm
n ediate sale under execution.
In the case OF debts contracted subsequent
To the 29th OF April, 1865, the action heretofore
taken, both by civil and by the military au.
thorities, has been such that an application OF
the resolution to these debts would not only be
beyond the limit Of any proper exercise OF the
military authority, but be productive OF Tar
greater ultimate evil than Of Immediate good,
and reflect disastrously upon every interest
and upon almost every individual in the COM
nlunity.
I have also the honor to acknowledge the re-
ceipt of the resolution requesting an extension
cf the homestead exemption to one hundred
scres of land. Before acting upon this think
it proper to invite attention to the unequal OPP
Grafton of the resolution, and the serious diff
culties in applying it, unless there be some Pc
cuniary limit dependent upon the value of the
land exempted.
It was the constant occurrence Of the diff
oulties of this kind that led to the modification
Of Paragraph VII. Of General Orders No. 10;
md it would be unwise to revive them, even
~ u .o1 raornoNff,1Iu
Your obedient servant,
(Signed) ED. R. 8. CANDY,
Broyet Major-General, Commanding.
THE SPECIAL ORDER.
On motion of A. J. Ransier the unfinished
business of yesterday, being the ordinance
invalidating contracts based on slaves, was
taken up.
Speeches we're made by A. j. Ransier, @. @.
Bowen, D. II. Chamberlin, and G. Pillsbury,
and the previous question then being called,
the main question was taken, by yeas and
nays, and the ordinance passed to third read
On motion of F. J. Moses, Jr., the sergeant
alarms was instructed to summon the MEN,
bers and close the doors.
Such is the importance Of the question that
We publish the list of yeas and nays, which, it
will be observed show the large'vote Of nine
ty-six against nineteen yeas.
ISGS-lQ6 fTeSlutub duQ M65bIbs blleu, ar
MIN, Becker, Bell, Bowen, Bonum, Burton,
Brockenton, Bryce, Byas, R. Il. Cain, F. j.
Cain, Camp, Coghlan, Chamberlin, Cook, Col
lirs, Crews, Darlington, Davis, DeLarge, Dick
son, Dogan, Donaldson, Drlf1e, Duncan, Ed
wards, Foster, Gentry, Goss, Gray, Harris, ].
N. Hayne, Haynes, Henderson, Holmes, Hum
bird, Hunter, Hurley, Jackson, Jacobs, Jervey,
s. johnson, W. B. johnson, J. ". Johnson, W.
E. Johnson, Joiner, 81. Jones, q. Jones, Lang,
Langley, G.. Lee, s.. Lee, Lomax, Leslie,
Mackey, Mayer, Middleton, Milford, Moses,
Nance, Nash, Neagle, Newell, Nuckles, Parker,
Pillsbury, Randolph, Rainey, Ransier, Rich
mond, Rivers, Rose, Runlon, Sanders, Saspor-
tas, Shrewsbury, Smals, Stubbs, Swails,
Thomas, Augustus Thompson, b. A. Thomp-
White, C. NJ. Wilder, Wingo and Wright.
Nays-Messrs. Alexander, Cardoza, Chest
nut, Clinton, Corley. Dill, jerks, Illson,
Mauldin, w. J. McKiulay, VIM. McKlnlay,
McDaniels, Mead, Miller, Owens, Rutland,
| Whittemore, Williamson and F. E. Wilder.
Before announcing his vote, B. F. White
| more, of Darlington, obtained leave of the con-
vention to give his reasons therefor. He said:
The manner in which this question has been
debated to-day would tend to indicate that every
person who may vote mo" upon it, fayors the
| idea that there can be any right Of property in
man. I wish to say that there is no delegate
On this floor who has more persistenly and con-
| tinuously denied such right than myself, and
vote ssno' on the present question only be-
cause I believe in the enforcement Of all con-
tracts mutually and legally formed, of whatever
character they may be.
w. G.. Whipper moved that the ordinance be
| reconsidered, and that the motion to reconsider
| be laid upon the table. Ihe motion was
agreed to.
On motion of the same delegate, the rules
were suspended, and the ordinance received it's
third reading, and was ordered to be ensrossed.
| The ordinance ls as follows:
AN ORDINANCE DECLARING NULL AND VOID ALL
CONTRACTS AND JUDGMENTS AND DEGREES
HERETOFORE MADE Oh ENTERED UP, WHERE
THE CONFEDERATION WAS FOR THE PURCHASE
OF SLAVES.
We, the people Of Souh Carolina, by our
deLeqates IN contention assembled, do hereby
| declare and orddln, 1st. That all contracts,
| whether under seal or not, the considerations
| of which where the purchase of slaves, are
| hereby declared null and void, and Of no eff
| feet; and no suit, either at law or in equity,
shall be commenced or prosecuted for the en-
| forcement of such contracts.
I'd. That all proceedings to enforce satisfac
| ton or payment OF judgment or DEGREES rem
| dered, recorded, enrolled or entered upon such
contracts in any court in this State, are hereby
prohibited.
Sd. That all orders heretofore made in any
court in this State in relation to such con-
tracts, whereby property is held subject to de-
cision, as to validity of such contracts, are
| t.. ,Jaoto rod mill op1 void onJ 80 =