Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-02-27
THIRTIETH DAY.

WEDNESDAY, reDTuiTy SousOutkoa
" T. Rose. from the Committee on Petitions,
reported the action of that committee on the sub
iect of the memorial from Georgia recommending
an application to Congress for loan Of thirty mil
lion dollars. The committee recommend that the
memorial be laid on the table. Agreed to.
B. e. Randolph, from the Committee on Mis-
cellaneous Affairs, introduced the following ordl-
nance, which was prepared and submitted by Jos.
Crews white, of Laurens.
Be 1t ordained, &C., That it shall be the duty
of the legislature at its first session hereafter, to
appoint commissioners to investigate and ascertain
what obligations of the State are entitled to be
held as valid and binding upon the State, In con,
formity to the provisions of this constitution, and
the ordinances adopted by this convention, and to
report thereon to the legislature and until the
legislature shall have ascertained the validity OF
such obligations no payment of either principal or
interest shall be made on any outstanding obga-
ton created and incurred prior to April 29, 1868.
The ordinance received its first reading, was or
dered to be printed, and was made the special or
der for "Wednesday next at II NJ
The convention resumed the consideration of the
unfinished business, which was section 35, provi-
ding homestead &c:
Mr.. B. F. Whittemore addressed the body at
length. He contended first that, in its present
shane, the section was retrospective in its charac-
ter, and that, being retrospective and an er post
fucto law, it was unconstitutional Secondly, that
creditors were entitled to as much protection from
the convention as debtors, and that no one had
either moral or legal right to step between the
debtor and creditor and divorce them from their
lust claims and liabilities.
For one, he felt as keenly as any member upon
the floor for the distressed and unfortunate; he
sympathized with the debtor in his Strengthened
circumstances, and desired to afford every posi-
BILE means of relief consistent with law; but the
creditor, as member of the community, likewise
had claims which demanded consideration and
regard. Personally he had been instrumental in
aiding many of the planters and factors OF tho
State. The capital which he invited, hlther hac
been furnished with the confident s nope thas II
would be repaid and he could furnish letters from
the best citizens of the State to show that notwlth
standing their temporary misfortune, they did moi
desire the convention to obliterate the honest
claims against them. The honor of the old Com
monwealth, notwithstanding her reverses, was moi
dead vet; and while he had the power or influence
to resist that which tended to throw blight upor
that honor, he would employ it upon all proper
occasions Too much feeling had been brought
into the consideration Of this subject too many
appeals had been made to feelings and to preju
dices 1t was question only for the exercise
reason, judgment and justice Measured by these
tutional, illegal, and unjust.
W. G. Whipper spoke strongly in favor Of th'
section as it stood, opposing all change The!
were there to egislate for the people; large pro
portion of that people were in distress; they de
handed relief and the best relief that could b.
afforded was that which secured to them home
stead which the creditor could not touch, gave II
them fresh start in life, and prevented the home
of the State from passing into the hands OF cormo
rants and SPECTATORS
W. J. McKinlay, of Orangeburg, spoke in op
postion to the section on the ground Of its retros
pective character, but said he was in favor OF it
general spirit as measure of relief: Until chan
sed, he could not vote for that which ignored tn
Obligations of large class of the community, an
at one stroke wiped out so much of the honestl
incurred Indebtedness of the country at the ez
r B. Elliott, colored, Of Barnwen, offered al