The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1869-10-01
BY W. A. LEE AND HUGH WILSON,

Hu'e'hehI oI tho act is, that the new
Constitution shall have been submit
tea to Congress for examination ant
approval, and Congress shall have an
proved tic same" If Congress failct
to approve it upon examination, it wa.
imperative and Of no effect till So an
proved.
Z. Congress disapprovcd the Consti
tuition submitted by the Convention
OF Georgia. called in obedience to tho
ircquire:nent Of said act, and amended
it by striking out certain parts Of it
which tho Legislature of the State
which has no authority to amend or
make Constitution, was required by
Congress to sanction. The present
Constitution, under which VIC now
live, and under which this Court is or
ganizcd, is not, therefore, tho Consti-
tuition formed by tho people of Gcor-
gia, but the Constitution as amended
and approved by the Congress Of tho
United States, by virtue of their au,
thority, as tho conqucring power TO
the conquered.
.. The ablcst writer's on Constitu-
tional law admit, that the 10th, Sec
tlon OF the lst Article Of the Constitu-
ton of United States, which declares
that no State shall pass any law i'm
pairing the obligation of contracts, re-
strains the action of tho States only,
and docs not limit the power of Con-
gress to pass laws impairing such obli-
cations.
9. Inc rights Of creditors in the
conquered States wcrc no moro sacred,
and no more entitled to protection at
the hands Of Congress, in the forma-
ton OF the new State governments
under said provision of tho Constitu-
ton of the United States, than tho
rights. Of the STAKEHOLDER (many of
whom were Union men to the last. in
his property, were entitled to protcc-
ton under the same Constitution.
And if tho state of Georgia had the
power under the dictatiun, and with
tho sanction of Congress, to insert in
her Constitution n provision destroy
ing tho rights Of the loyal Shareholder
in his slave, without compensation,
she had the same power under the
same dictation and sanction, to de-
stroy the property which the creditor
had in his bonds, mortgages and pro-
missory notes. The one was no moro
legally sacred than the other, and had
no higher constitutional guarantee for
it's protection.
10. In forming Constitution as the
basis of the new State government,
which was imperative till approved
by Congress, the Convention had DOW
er, with the approval of Congress, to
deny to tho Courts of this State, crca-
ted by such Constitution, all jurisdic-
tion to enforce the collection of debts
contracted prior to particular date,
Or debts contracted during the war. or
debts of particular class; which, in
the opinion Of Congress: should not be
enforced in the Courts established
under its supervision, as part of said
new State government.
IL. The Constitution formed by the
Convention Of this State, and submitted
for the examination aud approval OF Con-
gress, denied 10 all Courts under its iuris-
dlction TO try or determine any suit against
any resident of this State upon any con-
tract or agreement made or implied or
upon any contract made in renewal of any
debt existing prior to the first day OF June,
1865. To this general denial Of jurisdic-
tlon, as to all debts existing prior to first
June, 1865, there were seven classes of
exception. The seventh was in these
words:
7. "In all other cases in which the Gen
era' Assembly shall by law give to said
Courts Jurisdiction Provided, That no
Court or officer shall have nor shall the
General Assembly give Jurisdiction or au-
thority to try Or give judgment on or en-
force any debt the consideration Of which
was slave or slaves or the hire thereof"
Congress upon examination struck out the
whols of this section relating 10 the denial
OF jurisdiction; except the said prouiso to
said seventh exception; and retained said
prouiso as part Of the Constitution. Thus
the provision now under consideration, re-
tans its position in the Constitution, with
: the marked and particular sanction and
approval Of Congress.
10. If the State Of Georgia, in the for
nation Of her New Government under the
tdictation and approval of the Congress-
representing the CoDquerer, had tho power
to abolish slavery and destroy all property
in slave', without any compensation what.
ever; and'in so doing did not violate tx
rights guaranteed by the Constitution te
the slaveholder, which is now general,
I acquiesced 10, and universally acted upon
said State also had power under the sam,
diotation and supervision; to destroy al
property in debts contracted for slaves q