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Daily Paper $10 a Year
'Let our Just Censure
Attend the True Event."
Tri-Weekly $7 a Year.
.BY JULIAN A. SEY.
COLUMBIA, EL C., FRIDAY MORNING, FEBRUARY 9, 18G6.
VOLUME I-NO. 2jp?
PUBLISHED DAILY AND TRI-WEEKLY,
EVERY WEDNESDAY MORNINO,
BY JULIAN A. SELBY.
. TERMS- TN A I) VA NC?:.
Daily Panor, B?X months.$5 00
Tri-Weeklv. " " .3 50
Weekly, " " .2 00
Inserted at 75 cents per square for the first
insertion, and 50 cents for each subs?quent.
Weekly 75 cents each insertion.
t&~ Special notices 10 cents a line.
Thomas P. Slider, Charleston.
H. Lu Darr, Sumter.
S. P. Kinard, Newberry.
Constitutionality of thc Stay taw
Opinion of Judge Md' ?ch.
"Wo find in thc Charleston Neics au
interesting opinion from Judge Al?
drich on tho constitutionality of the
Stay Law, delivered in Court, on
Tuesday last. As thc subject is one
of greatwmd general interest at this
time, wo subjoin thc following ex?
tracts from his Honor's opinion. Tho
casie -was submitted ruder a rule on
Mr. Carew, Sheriff of Charleston Dis?
At thc time tho first Act was passed
by tho Legislature, popularly called
tho Slay Law, tliis constitutional ob?
jection was raised, and at each sub?
sequent enactment the same exception
has been taken, although I do not
now remember that it has been ear?
nestly pressed or fully argued. I
thought then, as I think now, that
the remedy is an incident to the con?
tract, but no part of the contract. It
is true that a contract, in itself le?al,
once entered into, cannot be de?
stroyed by subsequent legislation,
because that would be directly in the
teeth not only of the Constitution of
the United States, but of our own
State, for both Constitutions have tho
same provision: "No State shall pass
any bill of attainder, ex j>osl facto
law, or law impairing the obligation
of contracts."-Const. U. S., Sec. lt),
"Nor shall any bill of attainder, ex
jyost facto law, or law impairing thc
obligation of contracts, ever be passed
by the General Assembly. "-Const. S.
C., 1700, Art. 10, Sec. 2. Const. S.
C., 1865, Art. 0, Sec. 2.
When the Stato says to the creditor
(in a time of general distress) you
may not add to the calamity which
overwhelms the land, by harassing
with lawsuits and sheriffs sales, those
who happen to be in your debt, does
such a mandate impair the obligation
of the contract? A, in November,
promises to pay Ii one hundred dol?
lars, sixty days after date. In De?
cember, the Legislature pass the law
entitled 1 'An Act to extend relief to
debtors, and to prevent the sacrifico
* of property at public sales. " The Act
suspends the remedy, and also sus?
pends the operation of the statute of
limitations. Now what is the obliga?
tion of that contract ? That in sixty
days B will pay to A tho hundred
dollars. That is thc whole obliga?
tion-nothing more and nothing loss.
As an incident to this contract, how?
ever, if B does not pay the hundred
dollars, JIS therein stipulated, A has
the right to sue him, and B runs the
risk of costs and a sale of his proper?
ty by the sheriff. But is this right to
sue, and this danger of costs and sale,
a part of the obligation of the con?
tract, or only tho legal incident, RE?
MEDY, to the contract ? "Who can
oblige A to sue ? The law cannot.
B cannot. No power can compel him
to institute a suit for*the enforcement
of his contract. If thc remedy be a
part of the contract, it is equally
binding upon tho creditor and debtor,
upon both parties to the agreement.
I h.ive said, the debtor cannot com?
pel ibo creditor to sue ; if he could,
it might relieve him from hopeless in?
solvency, and enable him, by a sur?
render of all his effects, to commence
life anew, with a prospect of retriev?
ing his fortunes. But not so thc
creditor, relying upon thc integrity,
the industry, thc experience, and the
business capacity of tho debtor, rests
upon his remed?/, and refuses to press
it-thus trammel Mug thc energies and
raining tho fortunes of tho honest
debtor, who cannot surmount his
difficulties. Now, if thc remedy bo a
part of the contract, a part of tho
obligation, it is mutual ; it is as bind?
ing upon tho creditor as it is upon
the debtor ; and while the creditor
has the right to enforco it for thc col?
lection of his debt, the debtor should
have the right to enforce it for tho
relief of his condition ; for wo can all
. conceive the eas? in which it may bo
as important to tho debtor to compel
the enforcement, JUS it may bo to the
creditor to insist upon tue perform
ance. But as no such mutuality ex?
ists, it does not come within the idea
of tho contract, the obligation of
which is equally binding on all the
parties thereto. If the remedy bc a
part of the contract, it may be insist?
ed upon by both debtor and creditor;
but as this is not true, it is then no
part of tlie obligation, "a contract
being an agreement between two or
more parties to do or not to do a cer?
tain thing." If the right to sue be a
part of the contract and not an inci?
dent, it is equi1 ly binding upon both,
and the moment the terms are broken,
the suit may be commenced by the
one party thereto, or insisted upon
by the other party thereto-the reme?
dy being a part of the obligation.
But as this is not true, then I am at
a loss to perceive how the legislation
which stays thc collection of the debt,
at the same time that it stays the
operation of the statute of limitations,
impairs the obligation ol the contract.
Thc State, the common mother, when
the land was about to engage in the
most terrible war known in history ;
when all the resources of the country
were required to maintain that war ;
when all thc men of the country were
needed and called upon to support on
the battle-field, the great principle
which the State, in her sovereignty,
had asserted, in the exercise of her
sovereign power, and for the com?
mon good-said to all under her pro?
tection, for the present, let the col?
lection of debts bc delayed. For the
present, the grand privilege of State
sovereignty, secured under thc Con?
stitution, is abet to be asserted, and
while that great question is being
tried, let all minor issues standstill.
The creditor was not told, you shall
not collect your debt-the debtor was
not told, yon may not pay your debt:
but both creditor and debtor were
told, while you are engaged in this
mighty struggle, your creditor shall
not add to the distress of the land, by
hunting down your debtor with thc
1 sheriff, and your debtor may display
your patriotism in the field without
the fear that your family will be ha?
rassed or your fortune dissipated by
law-suits. This was simply an altera?
tion of th? remedy, a postponement
of it; it did not impair thc obligation
nf the contract, for the contract re?
mained in full force, and the creditoi
was protected against the delay in
the collection, by the suspension ol
the operation of the statute of limi?
tations. It was only sayiug, for thc
present, hold your hand; there arc
great public considerations to which
all private interests must yield; and
so soon as this terrible calamity ol
war is arrested, so soon as the country
can regain its ability to resume thc
customary duties of civil life, you will
be permitted to enforce your con
tract by the aid of the courts, for ir
the meantime delay shall not operate
to hinder the collection of your debt.
The law is wise and beneficent, am"
I am sustained in this view by thai
eminent and good man, Chief Justice
Marshall, who, in tho case of Sturgei
vs. Crowninshield, says: "Withou
impairing the obligation of the con
tract, the remedy may certainly b<
modified as the wisdom of the natioi
may direct." Take an example
coining under my own observation
and similar cases, I suppose;, h:.T"
come within the knowledge of iv; all
I know a gentleman, a friend am
client, whose business I transacted
who had over $100,000 invested ii
bonds, most of them in sums of ;
$1,000 each; but for this law, tb
constitutionality of which I am no^
considering, he might have put thes
bonds in suit, recovered judgment
ordered tho sheriff to collect in coin
or to sell the lands of the debtoi
The consequence would have been
had he been a hard man, and not, a
he was, a man of large benevolence
he could have owned the land c
most of theso creditors, and turne*
their families out of their homet
while the husbands and sons were i
tho front fighting for him and hi
property, he being too old to take th
field. The Legislature, in its wisden
said again and again, (for the law hu
been re-enacted yearly,) no ?rue
temptatioir to make great gain, t
commit so great oppression, to axons
an indignation ?o great, that the la
may be resisted, shall exist; thc obi
gation of the cont rael shall not be in
paired, but the incident to the coi
tract, the right to sae, ami levy, ami s<
the property of the absent solcliei
shall be suspended. In tho l?nguac
of Chief Justice Marshall, "u
I remalli shall V; modifiai.'1''
This State has exempted, by In
insolvent laws, certain property <
the debtor from levy and sale,
know of no decision by our cour
questioning tho constitutionality <
The Congress of tho United State
passed a general bankrupt law, an
I although its constitutionality w?
questionoel in the debate on the pa
sage of the bill, I elo not know tl
decision of the Supreme Court whie
decides that the law was uncoostiti
The Legislature of South Carolina
and the Congress of the United States
have passed laws sanctioning thc sus?
pension of specie payments by thc
banks, aud although I have heard
thc constitutionality of such laws
questioned, I do not know that thc
courts have so ruled.
Do not all of those laws interfere
with tho remedy of the creditor?
And yet no court has ventured to
assort that they are unconstitutional.
There are two revolutions, almost
equally bitter in their consequences,
to which society is continually ex?
posed-tho political and thc com
' mcrcial revolution. Thc first brings
war and all its consequent h orrors and
suffering-a devastated land, a ruined
and suffering people;. The second
brings a derangement of thc whole
financial system and its consequences
-tho loss of credit, tho depreciation
of the paper ft-l'ch represents money,
the d?rangement of values, tho. diffi?
culty in obtaining tho means of sup?
port; in fine, all that is eonvojed by
the word pmcrly. The one inevita?
bly follows thc other. The legislative
department of the Government, when
it inaugurated this revolution, hoped
that it might lead to a peaceful set?
tlement of principles under the Con?
stitution, but feared that it would
lead to ic 'v, and attempted to protect
the debtor class (which is always tho
larger class) against the creditor or
smaller class, which is sometimes
justly and sometimes unjustly called
the hard anet griping class. They
knew that, let the matter end as it
may, in the establishment of the
great State rights principles and a
strict construction of the Constitu?
tion, for which wc had always con?
tended, or in thc consolidation of the
Governments-sti11 there would be a
commercial revolution, which would
inevitably follow, and greatly afflict
the people, unless beneficent provi?
sion was made in advance; and so they
enacted and continued to enact a law
which, while it does not impair the
obligation of the contract, postpones
and modifies thc remedy. Now, if it
he true that "Governments aro insti?
tuted for the protection of the many
against tho few," for the purpose of
contributing thc greatest happiness
to tho largest number, who will say
that the law is unwise, unjust or un?
constitutional? Who will say that it
is not the duty of a co-ordinate
branch of thc Government-thc ju?
diciary--to sustain such a law? Our
maxim is: "Let justice bo done,
though the heavens fall." I feel its
truth, its power, and its force; but
here is a question of doubt; the great?
est judicial minds in tho country have
hesitated anti divided. On tho one
hand, is a prospect of gradual resto?
ration to comfort and comparative
prosperity. On thc other, is wide?
spread ruin and distress. On the one
hand, is a multitude of debtors pray?
ing for mercy and for time, holding
up the law which they fondly hoped
was their protection. On the other,
is a compact band of creditors cla?
moring for their constitutional rights,
as they are pleased to call it. So that
if I had graver doubts on tho subject
than I entertain, 1 would unhesitat?
ingly say, on a question of such vast
importance, involving such terrible
consequences, that it is thc duty of
tho judiciary to sustain the legisla?
tive department of tho Government.
The fact that the law was intended
to protect the property and families
of those who wort; fighting the battles
of the country; the fact that the Le?
gislature has passed this law again,
and again, and again; tho fact that
the great judicial minds of the coun?
try have arrived at opposite conclu?
sions; and the further fact that the
law is wise, beneficent and just-all
induce me to maintain its constitu?
Let the rule be discharged.
A. P. ALDRICH.
THE STATE OF SOUTH CAROLINA VS.
JOHN E. CAREW, SHERIFF.
The following grounds of appeal
have been handed to his Honor:
1. Because tho Act of the General
Assembly, entitled ' 'An Act to extend
relief to debtors, and to prevent the
sacrifice of property at public sale,"
passed thc 21st of December, 1801,
and the Act of the General Assembly,
passed on thc 21st day of December,
1805, entitled "An Act to amend the
law known o-s the Stay Law," impair
tho obligation of contracts existing
at tho time of tho passugo of tho said
Act, arc repugnant to the Constitu?
tion of tho United States, and of this
State, and are unconstitutional and
2. Beoauio the said Acts discrimi?
nate between causes of action which
originated previous to their passage,
and similar causes of action originat?
ing subsequent to their passage, de?
stroying all remedies in tho former
class of cases, and leaving tho latter
to be enforced in tho ordinary course
of legal proceedings, and aro, there?
fore, unconstitutional and void.
WHALEY & LORD,
Hay and Gi
ABE NOW !
ri) COMPRESS COTTON FOR Tl
rv\ \ V^. BY this system of compressing, the
i?ftlDBcentage in freight, and preventing loi
ES? to Hie seller a higher .price. Orders
South Carolina Railroad Depot, Columbia, S
A General Assortment of Fino Family
WINES & UQU0BSt
Always on hand and for sale by
GINGER PRESERVES, CITRON.
r PRUNES, CURRANTS.
Ci >COA, CHOCOLATE.
Ground MACH and CINNAMON.
" GINGER and SPICE.
SA H .ER AT US and SODA.
Peaches, Pine Apples, Ar., (canned.)
Darley, Loaf Lard.
Cheese superior quality.
Extra Family Flour.
Java and Rio Coffee.
Green and black Teas.
Now Hams, Sides and Strips.
Smoked Reef, Goshen Butter. "
Half and whole bids. No. 1 Mackerel.
Fine BRANDIES, WHISKIES, GIN.
Port, Sborry and Madeira WINES.
St. Margeaux A Co/a CHAMPAGNE.
Prices fixed as LOW AS POSSIBLE"
toping to give satisfaetion to all who may
lonor na with a call.
BRIDGE STREET, JUST BELOW
20,000 LRS. R01LER AM) SHEET
f\f\f\ CAST STEEL, Nailor's, But
.J-\/l/\J cher's and Wade's.
Oval, Round, Tire, Horse-shoe, Broad,
iand and Hoop IRON.
/ X I. A i: (1F. Q TJA X TI TI Es,
AT VERY LOW PRICES,
Jan .'il Imo'
ro tho physicians and citizens of Co?
lumbia. I would respectfully inform
rou that I have taken charge of the DRUG
DEPARTMENT, in thc store (?r Mr. Hardy
Solomon, Assembly Street, where he will
keep constant Iv on hand a FRESH AND
?ARGE SUPPLY OF DRUGS AND ME
KUTNES.H w?lgive my strict attention to
tho PREPARATION OF PRESCRIPTIONS
vt all hours of night and day. My long
ixpericnco in thc drug business in this city
s a sufficient guarantee. Respectfully,
?. M. ZEALY, Druggist',
At Hardy Solomon's, lirst store on Assem
ily Street,' West side. Jan 17 lin
LUDWIG & KEATINGE,
ENGRAVERS & LITHOGRAPHERS,
CORNER NINTH A ND BROAD STS.,
Jan Mt) 3mo
CRAWFORD & MILLER,
OFFICE IN COTTON TOWN,
COLT MHI A, S. O.
WILL store or attend to thc forwarding
of COTTON, PRODUCE, FURNI?
TURE and GOODS entrusted to their caro.
Will also sell HORSES, MULES, CAT?
Wo pledge ourselves to uso every endea?
vor to promote tho welfare of those who
may favor us with their patronage.
J. M. CRAWFORD. L. P. MILLEU.
*?- Charleston News, Newberry Herald,
Winnsboro News, Chester Standard, Abbe?
ville Banner, Anderson Intelligencer and
Greenville Mountaineer will publish two
weeks, and forward bills. Dec 30
LEVIN & PEIXOTTO,
GENERAL AUCTIONEERS AND COM?
MISSION AGENTS, COLUMBIA, S. C.
Comer Asscmldy and Plain Streets.
OFFER their services to dispose off or
purchase PRODUCE, REAL ESTATE
i>r PERSONAL PROPERTY of any and
rwory kind, and from their general know?
ledge cf business hope to merit a share of
public patronage. JACOB LEVIN.
Lato Book-keeper Exchange Bank.
I ?. c. [T?IXOTTO.
Formerly associated will? F. Lnneo.
RANSPOBTATION OR STORAGE.
TO is a savin": to tho skipper of a por^-\-rr\
ss hy wear and toar, beside socunng;*?^.*^
i taken at tho Prosa, adjoining <hc*/?cjji&
. C. .lau 27 Imo*
Columbia to Charleston.
THE NEW and FIRST-CLASS LIGHT
DRAFT STEAMERS GEORGE and
FASHION aro novrprepared to make en?
gagements to take Freight from Granby
I/anding to Charleston. All goods for?
warded DY this liae will bo ir sured, if do
sired. Also, forwarded to New York, and
advances made upon th? same, if required
_Jan ll Imo .A. L. SOLOMON. Agent.
Sup'ts Office, Charlotte & S. C. R. R,
j COLUMBIA, S. C., JANUARY. 1, 1SGC
ONE HUNDRED LA
BROKERS wanted, to work
on tho track. Applv to WILLIAM REY?
NOLDS, Section Master, at the Depot.
Jan 3 .IAS. ANDERSON, Sup"t
THROUGH ROUTE NORTH,
VIA CHARLOTTE AND CUKE XS
HOHO, X. C., A NJ) DANVILLE
AND RICHMOND, VA.
STAGES leave Columbia, S. C.. daily,
connecting with Charlotte and South
Arrive at Charlotte, N. C. 2.30 p. m.
Leave Charlotte.3.00 p. m
Arrive at Greensboro, N. C.. .10.0(1 p. m
Leavo Greensboro.-10.20 p. m
Arrive at Richmond, Va. 3.15 p. in
the following day, connecting with evening
trains for Washington and all tho North
Close connections made, and T?O delay on
this routo. Nearest and best route North
J. FIT/ JAMES, Agent
Jan 23 3mo R. I). fe P. Railroads.
Greenville and Columbia Railroad.
GENE S U PE It IN T E N D ' TS OFFICE,
COLUMBIA, January 2H, 18('(i.
ON and after WEDNESDAY next, the
3!st inst., the Passenger Trains will
run daily (Sundayaftetccptcd) as follows:
Leave Columbia at^7.. 6.00 a.m.
" Alston at.11.00 "
" Newberry at.12.50 p. m.
Arrive nt Abbeville at. COO "
" at Anderson at.S.10 "
at Greenville at.9.00 "
Leave Greenville at. 4.30 a. m.
" Anderson at.5.30 "
" Abbeville at. 7.45 "
" Newberry at. 1.10p.m.
Arrive at. AlstoiTat.2..">5 "
" at Columbia at. s.oo "
There will he about seven milos of stag?
ing still between Fresh loy's and Alston.
Passengers will bo furnished with tickets
through, including tho road, stag?! and
ferry. 60 pounds baggage only allowed on
stage to ono seat. ' J. B. LASSALLE,
Jan 28 General Superintendent.
Schedule over South Carolina R R.
GENERAL SUP'TS OFFICE,
CHARLESTON, January ls, IHOO.
TEAVE Charleston at.COO a. m.
- J Arrive at Columbia.4.25 p. m.
Leave Columbia at.COO a. m.
Arriv<i at Charleston.4.15 p. m.
Jan 18_H.T. PEAKE, Gen. Sup.
South Carolina Railroad Company,
GEN. SUPERINTENDENT'S OFFICE,
CHARLESTON', January 16, 1866.
ON and after this^datc, Passenger and
Freight Trains will run on tho Augusta
Branch to Graham's, as follows:
Leave Charleston.('?.00 a. m.
Arriva at Graham's.1.30 p. m.
Leave Graham's.0.10 a. m.
Arrive at Charleston. -.4.15 p. m.
_Jan 17 H. T. PEAKE, Gen. Sup.
Sup'ts Office, Charlotte & S. C. R. R.,
COLUMBIA, JANUARY 1, 1866.
THIS road is now completed to within
throe miles of Ridgeway, and daily
Passenger Trains running as below:
Leave Charlotte on arrival of thr .North
Carolina train, at 10 a. m.; arrive near
Ridgeway at 7 p. m., connecting with thc
stages from and to Columbia, an.l return
to Winnsboro the same evening. Leave
Winnsboro at 6.50 a. m.; arrive in Charlotte
at 2.30p. m., connecting with the through
train on tho North Carolina Road.
Jan 3 JAS. ANDERSON, Sup't
WHOLESALE & RETAIL GROCER,
^y^^han.i'au'd sells I,? >W Ft>U|?j^[
FLOUR, MEAL, CORN, BACON, LARD,
BUTTER, COFFEE, TEA, SUGAR, RAI?
SINS, Sic. ALSO,
WINKS, BRANDIES, LIQUORS AND
ALE. AU Of tho very Lest.
His mles aro: To soil low for cash, to
give full measure and to keep always on
hand tho very host article* in the market
TO MAKE ROOM FOR
SPfttNG & SUMMEH STOCK*
WHOLESALE AM) RETAH. DEALERS IN
Large & Well-selected Stock
DEDUCED PBJCES !
AGOOD assortment of PRINTS, of all
colors and qualities.
DELAINES, POPLINS. >.
French and English MERINO.
Black and Colored ALPACA.
Opera, White and Red All-wool and Cot
ion FLANNEL. .
GINGHAM, JACONET, SWISS MUSLIN.
JEANS, CAMBRICS, PAPER CAMBRICS.
Bleached and Unbleached HOMESPUN.
Linen and Cotton SHEETING.
SHAWLS, LADIES' CLOAKS.
HATS and BONNETS, tr'med and nnt'd.
BONNET FRAMES, RIBBONS.
FLOWERS, FEATHERS, RUCHES.
BUGLE and other Fancy Dress and
Handkerchiefs, Gloves, Hosiery.
Cutis, Collars, Hair Nets.
Breakfast Shawls, Sontags.
Hoop and Balmoral Skirts, Corsets.
Veils, Coate's and Clark's Spool Cotton.
AI*SO, A FULL LINE OF
GENT'S FURNISHING GOODS !
Over, Business and Black Frock COATS.
PANTS and VESTS of all qualities.
White Linen and Woolen OVER-SHIRTS.
Shaker, Merino, Woolen and Cotton
UNDER-SHIRTS and DRAWERS.
Socks, Suspenders, Collars, Wristbands.
Neck-Ties, Pocket Handkerchiefs.
Hats and Caps.
Fine Pegged and Sewed Boots, Gaiters
and Shoes. ^ .
Together with a large and well-selected
stock of Plain and Fancy
FLOUR, BACON, CHEESE, BUTTER.
LARD, TEA, COFFEE, SUGAR.
Whole and '?round Spices, Candles.
Fancy and Common Soaps.
( Soda, Indigo, Copperas, Bine Stone.
Hadder and Logwood.
Plain and Fancy Crackers.
Herrings and Mackerel, by tho barrel
half barred and kit.
Sweet Oil, Yeast Powders.
Carbonato of Soda, Concentrated Lye.
Fancy and Plain Candies.
Sugar anil Fancy Toys, Sardines.
Cotton and Wool Cards.
Pocket arid Table Cutlery, Scissors.
Tobacco and Scgars.
Together with a large assortment of
goods usually kept, ami too numerous to
ALSO, ON HAND,
A largo stock of WATCHES, CLOCKS,
Watches, Clocks and Jewelry repaired.
Old GOLD and SILVER bought.
New and second-hand WATCH ES bought.
KALB'S PATENT LIMBS.
HARTMAN'S PATENT E LAST 1 C
And FAIRBANK S SCALES. .
/.' ET\Y F r.'.Y /. A 4 / V * rr 4 .*/? / JTU Ti > .v,