1866 · Columbia, S. C.
by [South Carolina]
Columbia, S. C.: Julian A. Selby, Printer to the State, 1866. 15, [1 blank], 16pp. Stitched with some loosening. Lightly foxed. Good+.
In December 1861, responding to the economic exigencies of the War, South Carolina passed a law prohibiting, with some exceptions, the collection of debts. The Legislature renewed the Act in December 1863, and again in the two succeeding Decembers.
A constitutional challenge to the Act reached the Court of Errors, "the highest tribunal in the State." Carefully reviewing constitutional provisions and decisions of other States, the Court of Errors concludes that the Stay Law conflicts "with the Article of the Constitution of the United States which prohibits a State from passing any law impairing the obligation of contracts." This is the Court's rare Opinion, with dissent.
The opinion of the lone dissenter, Judge Aldrich, is printed in 16 pages [second count]. He acknowledges the assistance of Lysander Spooner.
III Turnbull 415. Sabin 87451. OCLC 54473999 [2- NYHS, Duke] as of October 2024. (Inventory #: 40467)
In December 1861, responding to the economic exigencies of the War, South Carolina passed a law prohibiting, with some exceptions, the collection of debts. The Legislature renewed the Act in December 1863, and again in the two succeeding Decembers.
A constitutional challenge to the Act reached the Court of Errors, "the highest tribunal in the State." Carefully reviewing constitutional provisions and decisions of other States, the Court of Errors concludes that the Stay Law conflicts "with the Article of the Constitution of the United States which prohibits a State from passing any law impairing the obligation of contracts." This is the Court's rare Opinion, with dissent.
The opinion of the lone dissenter, Judge Aldrich, is printed in 16 pages [second count]. He acknowledges the assistance of Lysander Spooner.
III Turnbull 415. Sabin 87451. OCLC 54473999 [2- NYHS, Duke] as of October 2024. (Inventory #: 40467)
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