Historical Newspapers of South Carolina

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wanting in respect to that tribunal, , or to the distinguished gentlemen who constitute it, when I say here that my judgment does not yield its assent to that decision. It is not my purpose to attempt a review of that decision. As a law-abiding citizen, I am bound by it, so long as it stands unreversed. But I am in induced to refer to this decision, because it may, in the minds of some, seem to conflict with the principles of these resolutions, and particularly of the one now under consideration, and also because I feel it due to myself as an advocate of this law from its first enactment to the present day. The history of this law is somewhat curious when we consider the end to which it has come. It is a most extraordinary circum stance that it remained so long on the Statute book, and thus established itself as law in the minds of our people and became the rule of their conduct for years, without being seriously questioned by any depart ment of the Government until within the last twelve months. It was first enacted in December, 1861. I was then a member of the other branch of the Legislature, and was a member also of the committee which reported on the bill. I remember that it wasobjected to in the com mittee on the ground that it was unconstitu tional, because it impaired the obligation of contracts. The distinguished chairman of the committee, now one of the Law Judges of this State, if my memory serves me right, expressed his doubts as to the policy of such a law, but admitted itseonstitutionality ; and on the passage of the "bilk when the same ob jection was made, defended its constitution ality in an able argument. It became a law for one year, and with amendments, has been re-enacted every succeeding year with out opposition until the last session. But before the Legislature met atits lastsession, this law received the sanction of another body, the Convention of the people which assembled in September, 1865. By an ordi nance of that body this Act was nct included amongst the laws of the State which were declared inoperative and void by reason of their expiring by their own limitation, or because of the cessation of the causes which induced their anactment. This Act was consider,;d of such importance that the Convention were unwilling to risk the chances of the meeting of the Legislature before it expired, and hence, gave it operation and force beyond the time to which it was limited by the Legislature. If the State had con tinued under strict military rule, and the Legislature had not met till this day, this Act would have continued of force on our Statute book, unless the Court had set it aside. Now, when it is considered that that Convention was composed of the most sub stantial men of the State, of many of our most distinguished lawyers and Judges ; that seven of the Judges who sat on the case re ferred to were members of that body, it is not strange that this decision of the Court excited surprise. The Constitution of the State was the work of their hands, and con tains a similar provision to that of the Con stitutionl of the United States, prohibiting the enactment of laws impairing the obliga tion of contracts. Their action on this sub. ject may, therefore, be flirly taken as a con temporaneous exposition of the power of the Legislature to pass such a law as this But the Judges have decided differently and with singular unanimity. No or,e im pugns their motives. They had the right to hear and decide the case made, and the responsibility of their decision rests with them. I have said that notwithstanding this decision, I still adhere to the opinion which I have heretofore expressed. The principle which I had derived from my read ing and reflection on this subject, and which I believe to be the true one, is to be found laid down in the case of Sturgis vs. Crownen * Shield, decided in the Supreme Court of the United States, and which was approved by * our own courts in the cases of Lowden vs. Moses, and Alexander vs. Gibson. It is this: "The distinction betwee9 the obligation ofa contract and the remed~ given by the Legis lature to enforce that bligation has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified as the wisdom of the nation * shall decide." If the distinction between the obligation of a contract and the remedy * ~ to enforce tbat obligation exists in the nature of things, the obligation of a contract is one thing and the remedy is another, not by virtue of juadicial decisions or legislative enactments, but independent of both. The "nature of things," their relation, truth and reason make it so, The human mind, by no process of reasoning can make the things one and the same. Hence, all those decisions and dicta which destroy the distinction be t ween the contract and the remedy, or m4e the latter a part of the former, are illogical and unsound--they conflict with human reason~and "the nature of things." If the laws as to the remedy enter into and form a part of the contract, then all the laws as to Wecannot separate one part of the remedy from aohrpt,and say this constitutes a part of the contract and that does not. This would be not only false and absurd in principle, but lead to uncertainty in the ap * plication of the rule. If, therefore, it can be shown that there are laws as to the re medy which are not a part of the contract, then none of these laws are. The Statutes of imiitation belong to this class of remedial laws. It is conceded on all hands that they constitute no part of the contract and can be altered at the will of the Legislature with out impairing its obligation. So of impri sonment for debt. If it be said that there are exceptions to the rule, the answer is, the exceptions destroy the rule, as I have already shown. But if there be exceptions to the rule, who is to make them ? The Legislature certainly has as much right to do so as the Judges. The position that the laws of the remedy as they exist atthe time .the contract is enter ed into, constitute a part of the contract is not tenable ; it is contrary to reason and authority. To avoid this position, another has been taken which is substantially the same, viz: That the laws in relation to the remedy existing at the time "are necessarily referred to" when the contract is made. This is only clothing the same proposition itdifectI. fl aRg: it is eubstantiall! making the laws ofthe remedy'a part o: the contract, and is equally liable to the objee. tions already stated. I admit that legal remedies are necessary to enforce contracts. The obligation may, in one sense, that is; a moral sense, exist without any legal remedy to enforce it. But legal obligation implies a remedy, but not the particular remedy as it may exist at the time. The Legislature may alter the laws of the remedy, if they do not alter the law of the contract, which would impair the obligation of the contract which the parties h'ad assumed. The obli gation of a contract is the liability which the law attaches to the undertaking of the parties as interpreted by the laws existing at the time. It exists without any reference to, or connection with the remedy-the legal proceedings by which it is to be enforced, or by which the parties are held to their re sponsibilities for violat:ng it. A denial of all remedy, or the enactment of a remedy altering the terms of the contract, or an im perfect or illusory remedy would, I admit, impair the obligation of the contract. This result would follow, not because the renedy had been changed, for as I have shown, the remedy is not a part of the contract, but because the Legislature had given no remedy or a pretensive one.~ I hold that if the Legislature gives contracting. parties remedies which are adequate, which enforce their contracts so as to secure the ends of justice, it has discharged its duty, and the courts have no right to inquire into the motives or objects of the Legislature only so far as such inquiry is necessary to aid in the interpretation of its acts. Delay in the enforcement of remedies does not imply injustice or injury to creditors. It may, in fact, be the means of protecting them from injury and loss. And where the condition ot the country is such that, in the opinion of the Legislature, it will be better for, both creditors and bebtors that remedial process sbouldbe delayed or postponed, of where the public good requires such delay or postpone ment, it seems to me that it is purely a ques tion of expediency for the Legislature to de termine, and not of constitutional law for the courts to decide. If these views be correct, the Legislature has the power to postpone the sittings of the courts. and consequently the enforcement of remedial process. It has from time to time, altered the terms of the courts without the question of the constitutionality of such legislation ever being raised. No one ever conceived that the Constitution was thereby violated. Why can we not do so now ? I can see no difficulty in the way, if the ne cessity in the opinion of the Legislature exists for such action. The resolutions propose this, and I trust that it will be done. Let civil suits be suspended except in cases of tort. I have one other reason to offer why some action should be taken on this subject. I never wish to see the time when the administration of the law shall be interfered with by men taking power into their own hands. I regret to say that such a state of things may arise. There is a power in every State which may be invoked when the distresses of the people have reached a point at which, in their opinion, forbearance cesses to be a virtue, If the time should arrive when men are to be stripped of the last remnant of their property and turned out of doors upon the cold charity of the world, it will require great forbearance on the part of the people to prevent distur" bances. They have come out of this war imA poverished as no other people have been im poverished in modern times ,ruined in fortune, broken in spirit, disheartened by a forbidding future, and many of them wounded and mained for life, and if you expect, as you must, that by their agency, by their energy and industry the prosperity of theState is to be revived, you must extend to them the relief which their necessities call for. I have thus presented my views, and discharged a duty which I owed to my immediate constituency, and to the State whose honor and prosperity I prize above all other considerations. I now leave the matter to the House. SMOKING IN CHURCH-A young lady complains that for two Sabbaths, while in the house of God, in Baimbridge, Ga., she has been much annoyed by some of the young men indulging in the habit of smok ing. We never dreamed that any one had become so abandoned and lost to all sense of decency and propriety, and respect for sacred things, as to be guilty of such an act, yet such is the fact! (Savannah A dvertiser. HOWE'S IMPROVED Cotton Picker!I For Picking Cotton in the Field. A simple. and compact Instrument weighing about two pounds-p[ok three or four times fas ter than by hand, leaving the Cotton clean and free from trash. Orders can befilleb the HOW MAUFACTURING Co., 31 Cedar St. N.Y. Or by our agents throughout the South [aug 15tf MILLS' MOUSE, CORNER QUEEN AND MEETING STS, Charleston, S. C. T HIS popular and well-known house is now fully open for the reception of visitors, having been refurnished with new and elegant Furniture throughout; and offers te the traveller,as a FIRST CL ASS HOTEL, accommodations and conveniencqp not to be equalled by any North or South. The patronage of the traveling public is respect fully solicited. Rates of Board, per day, $4 ; Board per month as may be agreed on. JOSEPH PURCELL, Proprietor. John A. Chapman, Attorney at Law and Solicitor in Equity, Will attend to all business entrusted to his care. Office at Bookstore. Newb~,y C. IL. S. C, Ju1~r tf. S}NPPING COMMISSION & FOR WARDING MERCHANTS, Accommodation Wharf, Charleston, S.C. [. F. HUNT, (Former)y of Newberry J. H. HUNT, Jr., C. H., S. C.) -o Promptly forward all Merchandize con signed to us arriving in the City from Northern or Foreign Ports. We will give strict attention to Sale and Purchase of Cotton, Rice, Flour, &c. I'Liberal advances on consignments..1 References.-G. W. Williams & Co., Charleston, S. C.; Russell & Ellis, Wilming ;on, N. C.; Bigelow & Sargent, Baltimore ; Lathbury, Wickersham & Co., Philadelphia; K. L. McCready &Co., New York ; Ray & Walter, Boston ; G. W. Garmany, Savannah, a., G. R. Wilson, Esq., Norfolk, Va. Persons consigning to us must make leposits in the city to pay Ship and Railroad Freights, or their goods will be placed in tore. HUNT & BRO., Jan 31- Charleston, S. C. JACOB SULZBACHER & CO, Wholesale and Retail Dealers in Dry Goods,Clothing,Hats,Caps., BOOTS, SHOES, UMBRELLAS, LADIES' & GENTS' FURNISHING GOODS, MILINERY GOODS, HOOP SKIRTS, Groceries, Segars, Assembly Street, between Plain & Washington, COLUMBIA, S. C. Dec.13S Y. E. STENHOUSE. ALLAN MAC&ULY. STENHOUSE & MACAULY. ( ommission Merchants, For the sale of Cotton, Cotton Yarns, Sbeet% ings, Naval Stores, etc., and for the purchase of Merchandise generally, 66 PEARL STREET, NEW YORK, 1866. Consignments to us from any point in the South Fully protected by Insurance as soon as shipped. aug ly EMPIRE SEWINC MACHINE CO. Principal Office, 616 Broadway; NEW YORK. Great Improvement in Sewing Machires. Em pire Shuttle, Crank Motion Sewing Machines. t is thus rendered noiseless in action. its mo tion being all positive, it is not liable to get out of order. it is the best family Machine. No tice is called to our new and Improved Manufac turing Machine, for Tailors and Boot Makers and bhoe Fitters. Agents wanted, to whom a liberal discount will be given. No Consign,s met .mdMP'IRE SEWING M1ACHINE CO. aug 82 m WAVERLY HOUSE, 256, IN THE tEND OF KING-STREET, CH ARLE30N, S. C. THIS pleasantly located House is DOW open for the accommodation of permanent and tran. ent boarders. L .RJF Mrs. A. J. KEtNNEDY.L.ARUF July 25, 1866.tf CARLESTON HOTEL, CHARLESTON, S. C. HIS popular and well known Hotel has been newly furnished throughout by the present Proprietor, who has been sixteen years connected with the establishment. W. WHITE, PHOPRIEToR. GEORGE G. MIXER, Superintendent, CHARLES A. MILLER, Cashier. April 4, 1866-14. PAYItUON HOTEL, CORNER MEETING & HASEL-STS., CHARLEON, . C. Ratcs of Board Per Day, $3.00. H. L. BUTTERFIELD, No. 103 East Bay, Charleston, S. C. ON THE EUROPE-AN SYSTEII, The boarder or lodger renting his room, and eating where be pleases. Attached to the house is a floe RETAURANT where the best of fare of any and every kind, and at most reasonable rates, can be had. This plan is extensively caaried on in New York and is found to be most convenient, and particularly adapted to business men. The roOms are large, airy and well furnished, and every attention will be given to render satisfaction. May 9, 19-ti. 2,000 A YEAR MADE BY ANY one with $15-Stencil Tools. No experience necessary. T he Presidents, Cashiers and Treasurers of 3 Banks indorse the circular. Sent free with samples, Address the Ame rican Stencil Tool Works, Springfield, Ver mont. 'Aug 1 3mo. $90 A MONTH-AGENTS wante4 for six en tirely new articles, just ont. Address 0. T. GARY, City Building, iBiddeford, Me. July 25 ly. THE STAT'E OF SOU.1H CAROLINA-In Equity-Newberry District. John A. Hender son v Sally Henderson ,and others-Bill for taitiors to my satisfaction that Joseph W. Caldel and Martha E. his wife resides beyond the limits of this State, on motion of Mr. Fair Ci pordered that the said absent defendants do plead, answer or demur to the bill filed in the above stated case, within three month's from the date hereof, or the same will be taken pro con fesso against them.JONTN,c .3 Cons. office, July 25th 1866. Aug. 1 3mS12. THE STATE OF SOUTH CAROLINA-In Equity-Newberry District. Henry M. Singley A dmr., vs. Mary E. Singley and others. Bill for sale of land and Relief. The creditors of George M. Singley deceased are required to render in and establhsh their demands before the CommissiOner, by the first day of Noveber eSItLAS JOHNS TONE, C. E. N. rn,. An Old Song, set to a New Tune. V! P..1866 e "As spring approaches Ants and Roaches From their holes come out, And Mice and Rats, In spite of cats, Gaily skip about." 1t, "18 years established in N. Y. City." "Only infallible remedies known. ' "Free from Poisons." "Not dangerous to the Human Famil ." "Rats come out of thei. holes to die. "COSTAR'S" RAT, ROACH, &c., kXTER'S Is a paste-used for Rats, Mice, Roaches, Black and Red Ants, &c., &c., &c., &. "COSTAR'S" BED-BUG EXTERMINATOR Is a liquid or wash-used to destroy, and also as a preventive for Bed-bngs, &c. "COSTAR'S" ELECTRIC POWDER FOR INSECTS Is for Moths,Mosquitoes,Fleas,Bed-bugs, Insects on plants, Fo'yls, Animals, &c. 7~ !! ! ! BEwARE ! ! I of all worthless imitations, (7 See that "COSTA's" name is on each Box, Bottle, and Flask, before you buy. g-Address, HENRY R. COSTAR, 484 Broadway, N. Y. tgr Sold in Newberry S. C. gg By all Druggists and Retailers, and Barns Ward & Co., wholesale agents New Orleans La. INCREASE OF RATS.-The Farmer's Gazette (English) asserts and proves by figures that one pair of RATS will have a pro geny and descendants no less than 651, 050 in three years. Now, unless this immense family can be kept down, they would con sume more food than would sustain 65,000 human beings. 7 See ".CosTAR's" advertisement above. 1888, RATS versus BIRDS.-Whoever engages in shooting small birds is a cruel man; who' ever aids in exterminating rats is a benefac.' tor. We should like some one to give us the benefit of their experience in driving out these pests. We need something besides dogs,cats, and traps for this busiess.-Scien tific American. N. Y. 07'See "CosTAR's" advertisement above. g| Sold in New berry S. (3. g| By all Druggists and Dealers and Barnes, Ward & Co., wholesale agents New Orleans, La. $1,500 PER YEAR! we want agents every where to sell our IMPROVED $20 Sewing Ma chines. Three new kinds. Under and up per feed. Sent on trial. Warranted five years. 'Above salary on large commissions paid. The OmL machines sold in the Uni ted States for less than $40, which are fully licensed by Howe, Wheeler & Wilson, Gro ver & Baker, Singer & Co., and Bachelder. All other cheap machines are infringements, and the seller or user are liable to arrest, fine and imprisonment. Illustrated circulars sent free. Address, or call upon Shaw & Clark, at Biddeford, Maine, or Chicago, Ill. July 25 ly.. THE subscriber has just received a supply of these Cases, from the above celebrated manufacturer, which are-of the latest and most improved patterns, anid of elegant Rose wood finish, and which he offers at low rates to the public. He takes this occasion to say that they have been purchased exclusirely for cash, and selling theifi at only a small advaDce on the cash price, that no orders for the above, Cases will be attended. to unless accompanied with the cash. R. C. CH APMAN. Newberry, S. C., July 25, 1866. 9m. The State of South Carolina, Newberry Dis trict. In the Court of Common Ple&s, Es Parte Abraham Harris-Petition for the benefit of the Insolvera Debtors Acts. Abraham Harris, who is in the custody of the Sheriff of said District, by virtue of an order for bail at the suit of Hartmian & Strous, having filed in my office, together with a schedule on oath, of his estate and property, his petition to the curt of Com moni Pleas; praying that he may be ad-, mitted to the benefit of the Acts of the, General Assembiy,made for the relief of In solvent Debtors: It is ordered that the said Hartman & Strous and all others, the creditors to whom the said Abraham Harris is indebted in any wise, be and appear, be fore the said Court, at Newberry Court House, on Wednesday the seventeenth day of Oetober next, to show cause, if any they can, why the said Petition should not be granted. E. P. LAKE, c. c. r. Clerks office, Newberry, July 6th 1866. July 11-3m. NOTICE is hereby givenithat application will be made at the next session of the Leg islature;, to vest in B. F. Landrum, all the right, title and interest of Christian Breiths aupt, dee'd, or of his heirs, in and to the tract of land lying in Edgefield District, on waters of the Savannah River, and Horse Creek, and bonnded by lands of Kessiah Sweorngaree, A. C. Turner and others,lately occupied by Bartlett W. Hatcher, dec'd, de vised to him by his father, John Hatcher, dec'd. Said land having been escheated to the State of Sonth Carolina. July 18 3m. J. N. ROBSON, COMMISSION MERCHANT, No. 62 East Bay, Charleston, So. Ca. HAVING ample means for advance,s, a' business experience of twenty years, and confining himself strictly to a Commission Business, without operating on his own account,he respectfully solicits consignlmenlts of cotton, fiou'r, corn, &c, .Tuly 18 3mo. Dir,~ VAMM-1,N01.GO., No. 15 Maiden Lane New Yrk , M4NUFACTURUS OF GOLD PENS, CASES, &e., Are now prepared to offer to jobbersc and retail dealers the CBEAP T PEN$IF THE MARKET. The pens are of different sizes from. Nos. I to 9, inclusive.. The prices of VALENTINE & CO.'S first quality Gold Pens, without cases,,aid war ranted for one year, except against acci dent, is as follows :-.N-No. t.Pe $1 j Ko. 2 Pen, $1 5D; Np. 8 Pen,$2 b0; No. 4, Pen, $2 25; No. 5 Pe, $2 75; No 8Pan 13 50 ; No. 7 Pen, $4 50; No.=8 Pen;4 60; No. 9 Pen,. $7. iAll our .fitss quli'yPens re st.amped "E. D. Valeitine & Co." The Above Pens in Bolid Silver rtn 1n Cases, with Pencils For $200, a No. 1 pen, Ist quality. For $2 50, a No. 2 pen, 1st quality. For $8 25, a No. S pen, 1st quality. For $3 75, a No. 4 pen, 1st quiality. For $4 50, a No. 5 pen, 1st quality. For $5 75, a No.6 pen, 1st quality. The Same Gold Pens in Gold Plated Zb ., Desk golders and Morocco Cases. For $2 00, a No. 2 pen, } st quality. For $2 75, a No. 4 pen, 1st quslty. For $3 50, a No. 5 pen, let quality. For $4 00, a No. 6 pen, 1st quality. For $575, a No. 7 pen, 1st quality. For'$7 2.5, a No. 8 pen, 1st quality., For $8 00, a No. 9 pen, 1st quality. Second Quality Pebs-Not Warranted Our second quality, pens are stamped "E" Davis & Co.," and are carefully made, hav ing the samepoints as our first quality pens, . the only material differeuce. being in the quality of the gold. The prices of these pens are as IQllows :-No. 2 pen, 76c.; No. 3 pen, $1 00; N9. 4 pen, $1 25; No.5 pe,n;, $1 50 ; No. 8 pen, $175. The Above Pens in Silver Plated tnulo* Cass, with Peni. For $1 25, a No. 2 pen, 2d; quality. For $1 50, a No. 3 pen, ld quality. For $1 75, a No. 4 pen 2d' quality. For $2 25, a No. 5 pen, 2d quality. For $275, a No. 6 pen, 2d quality.. Our pens rank throughout the count*' egaal, if not superior, to any gold ! manufactured, not oily for their qualities, but durability and elegant i t TIe greattst care is used in their 'aemffb tare, and none are sold with the sUghtsm. imperfection which skill can dettst.' 06: would call the attention of the delW' tb the celebrated PAUL BRETO)N Weseg,far which we are the sole agents f6rtlhe1'uitedi States. We have them in siINet and gol4a cases. Jobbers, retalers,jewelerg, aad!aDW lea!l ers in our line throughout the eeunt are requested to send for a cireuhes.. 'dMes E. D. YALENTINEb Coi, Manufacturers and Wh,olesaa deatbrs kTh Gold Pens, Jewelry aind Watehes,. No. 16 )Iaiden Lane Ne, Yorf& may 80 ly DRY GOODS~ AT THE STOLL, WEB3 & 00. Formerly Bancroft s Old Stznd. (287 King street,S deors beloWeutwurtb~ WE have now epened- -a SplenMi $toek of SPRING GOODS, Engllsh, Frano! and American, which are of the most -deuirable styles the Market eei. afford. To Planters feaishing the Freedmen, either for clothing tir for barter' with themn, our Wholesale R/~oms ofr every induce ment. Plantation .Goods in every variety. This being a busy season with the Planter and he not able to visit -our cit'y, orders accompanied 'with city refereace will meet with prompt.;attemntion. N. B. Sarnples with price lists sent to an part of the State. Our stock consists in:part of - White Osnabuirgs, Striped .Osnabrrgs, Bi Denime, Brown-Shirtings, Long Cloths,LFin Sea Island, Brown Shirtings, Plaid Home spns, Striped Momnespunb, Bleeehed an Brown Sheetings, Bleached and Brew Dills, Black French Broad Cloth, Hosiery and Gloves, Jrkh Linenms by the Piece, Towels and Toweling in all vaiieties, 'LAi en Damasks, all varieties, Calicoe&, in.all qualities, Domestie Ginghains, Fine Scotch, ~Gigharrs, lress Goods, for Spring, Sprinlg Silks, GoloreM Muslin, in every varietf, White Goods, all kinds, Black Goods, *11 kinds, Farmer's Brown Linen Duick, Parmt er's Brown and White Drill, Fancy Drills and Gottonades. Together with every other varety to be found in our line, which we offer.at the lo'west cash prices, atWhole sale and fletail. *We would respytfiully call the attention of the' Planters, Merhants and the citizens generally, of Newberry. Bistrict, to our ad vertisement, and ,solicit a call. frem thern shold they visit the ciy. .All - I)omestic Goods are sold at a very small advance on agents prices, b., Stoll, Webb & Ce,, H. C. S'roLL, Charlestonl. No. 28 CHABS-W333, " 3. dS H. C.. WALEhJA " April18 Jan241y8 PHEENIX IRON W0kRi, COLUMBTA,. . ? Go1dmzith & RI PROPRIETORSa ALL kinds of Mille Gasags,( Grist,) Railings for Houses, Yards, 8.ugar MIKs, Boilers, and Agricultural Implements i Orders are solefted and a~ecl terms. M. GO P.UK Mardi 2!, n-a8-1-l.