Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-11-06

,rv,sw or THE STAY LAW.

st,t,te hooks, ana IN Wu'c" to r~"f ..i,,xxc th,f
*ta.1.e ,rh;ch proposes SO radically t" cnanse .aa'
usea " .jrniaisteing Justice which, IN al ny main
'hoio " teatNrcs was used ny our toreiAehe,s
anu ,hc Revolution, and by them was "ost sp''
oe'o, mi 4 ,i,cratelv revised amend led AMI per
e'".a3 ubn four months after the ior'hauon W ''e
S,n,e Constitution at Halifax, by the se's ",Ss
;.,,ce Assam bly which ever sat unuer II, a"u nn
."n,;rna1 ever since to be our mode through "e..y
csntnrv demands fol public cons,deraHon N.Y. ".
sx.mination and discussion than nave ~ ~.
slowed upon it. That the people wh"so soms If
So deeply affected by ribs new law, may ~ ,.r;,'a.ra
the great fundamental changes IN tne ~ ,,ra'
judicial guarantees Of their rights p'uP , son,e IL
semi = bri,f analysis and review OF IT, WIZ. sun ~,
nx,mnl,s of its operations Some say,
because in nv Judgment, dozen years "ou'a ''o'
=, 70 ,lcvcop all its nroadS upon the 'ohg 60
.,il;shod laws and usages of tho people, anu .ne'
80 h.r; she'd and best protected civil r'su's.
Ms, 81 ,h.m doubt not were neither toreSeen 'o.
n.". NV those who favored the law shall not
I;s.msS its constitutionaty, but consider It merely
~ \ system of policy. Section first PROVIDES
"TL,t ,hescycral Superior Courts oflaw shall have
vos;ye oriyina jurisdiction to hear try and deter
nina all causes of CIVIL nature whatever at the COM
mon law, which may require the Intervention" VI
jury ..,;noa
If this section stood alone itmight DC maintained
with great force Of argument that 1t con'e.S eAo"
s,y. jurisdiction on the Superior Co''r's ~ III
matter of contract however small-six pence as We.
as six thousand dollars And eXpia'''eu ~.
section IT, which enacts that none " ms f;n
Of This act shall apply to the collection Of IN
,a"s, IN ,nv contract" &C., and by section ~, that
:. har.,sr all civil warrants issued by Justices oil
tho peace shall be made returnabe Tor trial t"e'e
r,n,hs after late" the true construction WILL per-
hans lie in the conclusion that in all SUITS upon
debts and demands, except for the recovery VI ,"-
forest the Superior Courts and JUSTICES o. ,'.e
Peace have concurrent jurisdiction. Dut, .,'.s
were 50. the change though very great the eVii Is
s, small compared with those other eviis winch 'ne
act brings into existence, that should consume tne
readers time very much amlss, II were 10 invite
him 70 consider it, although the costs Of most suits
IN that Court would far exceed the sum sued tor-
The second section of this law provides
THAT there shall be but term of the said Su-
ncrior Courts of law and equity, opened and held IN
rach Of the counties oshe State in each year, which
sn, he holden at the't,mes and places now required
Inv law for holding the Fall term Of said court, and
MI laws recurring the holding of the Spring term OF
said courts are hereby repealed"
The obvious purpose of this provision is to excuse
the debtor from fulfilling his obligation to pay
money. But, greatly demoralizing as in this res
meet mast necessarily be its effect it is still more
vicious in its effects upon public order-upon the
liberty of the citizen, and his personal security; up
on the safety of his home, and his property in his
actual possession, whether in lands, slaves, or
other estate. They are fatal to public ORDER No
maxim among law givers is better established, than
that speedy trials and punishments for crimes, are
the best guarantees for public order Delays justice
invites violence and crime OF every grade 1t true
the County Court is open for the trial of the smaller
mi,demeanors, but large number OF crimes is cog
n,zabe only in the Superior Courts. The times
naturally enough multiply criminals who prey on
society: and when society fnd; the arm Of the law
nerveiess or parayzed by long delay it is sure in
selfdeeuce to organize irregular tribunals, which
nunish by lawless trials and unneaSured revenge
If in the outset it should, in obedience to long
cherished veneration for the law, await with pa
thence the slow coming Of the Court, it will be
doomed to disappontncnt for, when finally the
long DELAYED Court arrives the week.-Mrs. too short to
dispose Of the cases, and tring excuse serves to
postpone the trial. The criminal Is sent forth again
to his Expectations, and trampes with IMMUNITY on
the PROSTATE law If the offence charged capital.
and admits not of oal the suspected man, innocent
though he be, is confined to a dungeon for twelve
months before he can demand a trial-and even
then there may not bc time to try him, or the State
MAY continue the case, and he is doomed to suffer
another twelve months in the dungeon. And as to
the civil sutton, who seeks to the price Of
his land, his slave, or his horse, which are in the
use and possession Of the defendant what chance
has he to be heard, with docket loaded down with
criminal prosecutions and all the civil suits of
county containing twenty thousand people? 1t
may he that the defendant is gross trespasser,
holding with force your very home, into which he
has slipped in your absence; he may have seized
your Slaves with strong hand, and still holds them
IN lawlcSs defiance Of The ccarest right. lie may
jIavc assaulted and disabled your person, whose on
ly estate your labor and that labor the support
If wife and children; he may have murdcrously
slain the husband and father of helpless wife and
Infant orphans, and damages be sought for the out
rage; he may have sandcred poor and virtuous
female. Yet against the cries ofustce for any and
all these wrongs, this act has shut up the Courts,
IN order to screen debtor from paying lis jnst
debs! Can virtue, honor, religion, or true courage
long dwein land where private rights are so scorn
ed, and personal security so utterly abandoned? If
man die possessed Of competent living for his wife
and children, the executor administrator is sworr
20 sell the property on credit and to take the bic
OF him who gives the best price; and he is driver
to a twelve month Superior Court as his only
chance to get the money. This act covers tn
studied attempt Of the buyer t. evade his just obi
cation, and leaves the widow and orphans withou
bread. Is it a wonder with any man of sense, tina
with such temptations and encouragement to della
payment, every man should put away his money
and button his pocket against every application 70
loans! The banks will answer this. question:
Within few months, the deposits Of ono of tn
banks in this State have increased from $500 90
TO 81 900. Such will be the answer of all tn
banks. More money within few months past ha
been issued and sent FORTH than has been for man
years BEFORE and yet it returns as rapidly as it we,
out The stay law has stagnated ali circulation
payment of debts and destroyed all commerce e
cept for cash and money is ruled by the adag
get what you can and keep what you get"
Section third provides
That all actions brought in the said Superi
Courts OF law and equity the defendants shall not
compelled to plead thereto for twelve months fro
the return term"
1t is certain that the extended time for pleadi
was not given to defend, but to delav the r;ob
not the better to administer Justice, but to ssn
it by openly preventing the very forms adoute sSI
all civilized people to enforce it. For nearlp :.
fury, Legislation every where has been ENGAGED y
freeing justice from the bubbles of plead,ns y,
act resorts to the condemned bubble for t6o -.
purpose Of delay. Without reckoning the Oh NY ~
of one continuance, or the death If a nartn a
speediest course Of lawsuit will be as folcv1,s
Wit ;copod in Nouo,pior 1861 ,r;U I.