Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-11-20


Stay Lay delays justice, but the enormous evils
which afe obliged to fesult from it. i,
/. "A man dies and leaves Will. The will is con.
tested. It will be six years under the STAY Law
before II be determined whether it is win or
not AT the end Of that time the executor Qualities.
or administration is granted. The property of the
estate must be sold on credit and it will take six
years the executor or administrator settles up the
estate. The widow is without means, and the chill
dren young-what can they do? How can they be
fed, clothed and educated?
q q. Alman dies and there is no contest about his
will, or he leaves will; still it is six years before
his estate can be settled. And if the executor or
administrator has to be sued for settlement it will
be six years more before a recovery against him.
Observe! these not far fetched or strained
but are OF every day occurrence and the whole pro-
perry Of the country must pass through this ordeal;
for every man must die.
.. Much the larger portion probably nlne-tenths
of the Indebtedness of the country, is secured by
sureties. The banks, executors. administrators,
guardians, money lenders, &c. &C., all require sure:
ties. When these suretIes became bound it was IN
der state of things whereby they could end their
liabilities in six months. Now they cannot end
them in six years. And, in that time, who can tell
what will be the condition Of the principals? They
are very often traders spectators, of free habits
sobriety, thrift, or good morals. The suretes, how
ever. are more often the Industrious honest, unsus-
pecting men of the country. What utter ruin is
before them!
4. But what is the use of any further case The
whole business of the country may be cited to show
that the Stay Law does not allow speedy admins
traton of justice, but retards the same and so re-
tards it to produce such evils the country never
suffered before by reason of ALL all the bad legisa-
ton that ever afflicted the Statute hook
said the Stay Law was passed under mistake
of facts.
The purpose of the Legislature was, doubtless, to
prevent oppression. The purpose was good one
And this good purpose was the quicksand into which
they fell The first mistake committed was in sup
posing that any legislation necessary to the end
proposed. 1t may be that some simple legislation
indicating the sentiment of that honored and trust
ed body, that the times require that no one should
Cypress, but that one should aid another, would
have been qaite in unison with public sentiment
And If there be one in thousand not readily con-
troled by that wholesome sentiment around him,
the additional force of such legislation would hardly
he resisted. But admitting some legislation to have
been proper, the second mistake was in supposing
that this law would accomplish the end proposed.
The end, the very, the only end of courts is, to
prevent oppression 1t is only when there are no
courts or when their course Is perverted, that OPP
preston can come at ALL This is the rule: speak
| not of the exceptions. If the power were mine
| would as soon think of abollshing the light and
warmth of the sun because there were sun strokes
from exposure as to think of abolishng the courts
because, once in thousand they may be perverted
Without the courts, the weak are at the mercy of
the strong y 18th the courts, the weakest is as
powerful as the strongest. Yet, how strange the
courts are abolished to prevent oppression 1t
would be endless to attempt to enumerate the
wrongs which are done, even when the courts fur
| nish the speediest remedy. But who can imagine
| the multiplied instances, when vicious men know
that they have six years immunity? SANDER, Sc
duction rape, tresspasses real and personal pro-
perty and on the person, force and fraud in thou
sand forms, have been too common even when ex
| emplary damages could be awarded in a year. But
who does not shudder at the fact that now, for any
Of these he must have contest with the wrong
doer for six years?
The Legislature seems not to have considered the
courts as of any use, except to enforce the colec
ton of debt. And that most excellent body seem
ed to have been of opinion that to collect debt is
the only oppression. And this extraordinary hal
lucinaton has encouraged dull men to say that only
! in that way could the members themselves be op-
pressed; and that
Tho on duty they were bent,
They had frugal mind"
For even these dull men could see nor were they
so dull as not feel also the truth that to withhold
debt which is justly due is as much oppression as
to collect it, with this difference that to withhold it
is to complicate oppression with injustice A few
instances will make this apparent
/. A man with wife and child and nothing else,
engaged to work for another who is we'll off for the
year 1861, at one hundred and twenty five dollars.
In October his employer turned him off and refuses
to pay his wages and he has neither food nor cloth
ing nor shelter for the winter, he collect
| his wages in SIX years!
| 2. A aborer, with family and nothing else, dug
a we'll for man worth thousands He cannot col
lect his pay, because his employer says others will
| not pay him. The laborer made CROP and be-
gins the winter with literally nothing to live on,
and had wallet begging credit for gallon of salt
! 8. A man on clutches has a debt on man Of
show and pomp, and is afraid to lest the debtor
may TAIL before he can get judgment
T. An administrators time to settle the estate is
at next December Court. The widow and children
have no other dependence but he sold the property
on credit, kindly INDUCED the purchasers under
promise that they would pay in time, but now they
claim the Stay Law, and he cannot collect in six
| years, if ever. What must the widow and children
dog Again, if the debts lost and probably they
will be- the innocent administrator must make them
good because he might have collected them before
the Stay Law.
The foregoing are not fancy sketches, but have
Oeen aCluahy pTtSeu.eu W Wiiull lew udyS lOl
advice. And. mark during the whole time not
single sharper has applied to be saved out of diff
Guilty. They make sure as they CO.
Ought the Convention to interfere? Yes. Where
forey Because there are three great departments Of
our government:-the Legislative, the Executive
and the Judicial And the Declaration of Rights
declares that they shall ever be "separate and dis
tinct" The Constitution establishes the two frs
by metes and bounds, SC to speak, 1t prescribe
ha rbo nd hau
and how often elected and how often to meet, ant
their duties and powers, and term of office: Wit
may be the Executive, how elected his duties ant
powers and term of Office But not so of the o;he