Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1855-01-12

No stronger censure could we'll be expressed 1t
is pleasing to see that Mr.. Douglass more than
oborates very favorable opinion heretofore expressed
with regard TO the adaptation of the river to slack
water navigation. 1t is a work with which an i'm
portant interest is intimately connected, and do
hope that the Legislature will not suffer great i'm
provement to fail by the fault of subordinates.
RALEIGH, Jan'y 9Th, 1855.
Mr. Editor,-You will see from the proceedings Of
The Legislature of last week. that the Judiciary
mittee to whom was referred the 90 Mechanics Lein
Law" for New Hanover County, have reported I'M
favorable 10 its passage. regret this because am
heartily in favour of the principles Of the measure,
as extending privileges to our mechanics 10 protect
them against the losses arising constantly from t1e
nature of their occupations; and as this Committee is
opposed of distinguished legal gentlemen, in whom
the Legislature has the fullest confidence, in their
ability to investigate and properly to decide upon
the merits of any question, this adverse report will
have great weight in defeating the bill before the
Legislature. If, as this Committee contends, in,
stead of this law confering a benefit upon me-
chanicS, it will involve them in the difficulties of
creased and expensive litigation to obtain their
rights, it becomes to direct proper attention to the
provisions of the law and 10 undeceve the public
mind upon the subject In fact it observed to
me by one Of this Committee, tHat so confident was
he of the increased litigation which the passage OF
this bill would cause among our mechanics, that were
he living in Wilmington he should confidently expect
an increase of from five hundred to thousand dol
lars per year in the amount of his fees.
So anxious am to be set right upon this subect,and
in furth cnlt los
by improper legislation, that have obtained from a
guished member of this Committee some of the
reasons which influenced their decision, which send
you for publication, that people may have the
benefit of them. Yours, respectfully,
THOMAS H. WILLIAMS.
Apart from the violation of sound principle of re-
publican equality, the legislation proposed is
cessary for, under existing laws, mechanics have
the right to retain possession of personal property,
manufactured or repaired by them, till their bills for
labor and materials paid. This is simple and
we'll understood mode Of enforcing right, open &c
all and ample for their protection.
But it said that this principle does not apply &c
the building of houses, labor expended materials
furnished 10 make or repair property IN possession
of the owner. The fact is conceded but it does mo-
follow that the laborer is left without remedy. He
may require in advance, payment in cash, personal
security, mortgage, and in trust or pledge of proper
ty, in his judgment the nature and circumstance:
Of each particular case require In other words, he
has all the means of securing himself against loss
possessed by the merchant farmer, and other classes
and professions in society; and to ntepose, by laws
for the special protection of mechanics, pre-suppose
an incapacty on their part to contend with their fel
Ow-ctlZens upon equal terms;-a reflection as unJus
as it is degrading. Such discrimination would fur
thermore have tendency to array one class of GU
citizens against another and lead TO the enaCtmen
of for Of
State, instead of that single code which now binds
together in harmony and operates alike upon all
1t is said furthermore, that mechanics generous
COntding class of men, who, tho capable OF guarding
their own private interests fail to do So and, conse
Quenty, incur heavy losses The same may be said O
all other classes; and being applied to the bill unde
consideration, would enlarge its provisions SO as
, embrace all men of every vocation. But if passed
would it avoid the evil complained of? Under its pro
visions, in order to creae the ein contemplated, tn
contract must be in wiring and recorded. This
done we'll to give notice TO the world OF the tru
condition of the property to prevent frauds upon 9th
ers as that the parties themselves may fully under
stand that the one insists upon his len securlt
for the payment of his debt and the other is wllln
2 to give it. The mechanic may take a mortgage
10 make it operative it must be reduced to writing
proven and recorded. Will the lein lar make tn
mechanic more cautious than now? Is it suppose
u IT, al he will insist with earnestness upon b
Il rights under the than under the old law,
that the employer will more readily consent to tn
lem in the instance than in the other for in bot
instances it is but pledge ola lein upon the pro-
erty for the debt created and the same want of cal
o lion which occasionally results in loss to creditor
under the present law, will be found to exist und
the new. The occasional loss of debts is nseperab
from the credit system and the only alternative lie
d to business is the exercise of their ndividu
;, foresight and judgment in each business transactio
If they fail 10 take counsel from experience or are
capable of protecting themselves now, all relian
upon legislative interference will prove delusve.
50 Numerous other objections might be urged again
- the bill. Its details complicated, and its prac
% cal operations must inevitably excite much gatio
not only with the mechanic and his employer al
others claiming purchasers with or without motto
but in consequence of the conflicting claims of Il
mechanics themselves But have not leisure to fC
n low out fully this part of the subject. 1t can on
be realized after the bill shall have gone into oper
ton, in which event venture the prediction that t
egal profession will derive from it greater profits TIL
10 the mechanics, who are now pressing its consider
10 ton upon the General Assembly
The Iaborers and mechanics out of employ, in NJ
~ York, are almost desperate, and it is feared that
rious consequences may follow. Some are actual
90 committee appointed by the late Park meeting int
~ to petition the Common Council for an appropriate
W of five hundred thousand dollars, for the immedis
improvement of the public land and lots for the p
pose of giving employment to the poor now in wa
al of bread.
n.