Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-12-04
For the Standard.
THE STAY LAW.

For the Standard.
THE STAY LAW.
Mr.. HOLDEN Much has been said and written
recently on the subject of the Stay-law, and per-
haps your readers are becoming tired of the sub
ject-but still, hope you will indulge me with /:
brief space in your columns, for the purpose OF
urging upon the Convention the necessity of repeal
ing that obnoxious and unconstitutionaL statute
The constitutional question involved, as well as the
practical workings of the act have already been
fully discussed in a communication copied into the
Standard from the Fayetteville Obserrsr and by
your own correspondent, "Davie," that do not
deem it necessary to 60 into those questions. No
one who has attentively read those articles, can
doubt for moment that said law is not only aplain
and palpable violation of the Constitution Of the
Confederate States, but that in Impractical work.
ings it will prove very mischevous, and do almost
as much harm to the material interests of North
Carolina as the war ITSELF unless it be speedily
pealed.
The question now is, how are we to get rid Of
this mischievous and unconstitutional statute? |
answer, let the Convention repeal it. Immediately.
know that the power of the Convention to legis-
late has been called into question by some in their
own estimation, great urlsts especially by certain
jurists in the Legislature; but trust the Conven-
ton will pursue the even tenor of its way, and not
suffer itself to be moved from its equilibrium by
the dictums of those men, however great and wise
they may be, in their own concet
The Conventions of l776 and 1885 are the foun
tainheads from which the authority of all the pre-
ceding Legislatures have been derived, and on the
validity Of the votes of the present Convention will
depend the validity of at least of the statutes
Of future Legislatures of the State. Can the stream
rise higher than its source? Is it not absurd to
say that the Convention is clothed with SOY, reign
powers-that it is supreme in the State and yet
nullity; Legislature for the highest of all purpo-
SEES and yet no Legislature for the humbest of pur
poses; competent to change the relations of the
State to other governments, to dissolve its
ton with the government Of the United States and
| attach it to the government of the Confederate
States; to change the landmarks of the Constitu-
ton, and yet not competent to pass the most trivial
act for the repeal of statlte the erection of
toll bridge. But am DEPRESSING
| There is no necessity of making an argument to
convince any member of the Convention that they
possess legislative power. But, while entertain
no doubt of the power of the Convention to legis-
late, l think those powers should be sparingly ex-
ercised and used in no case where there is not
an urgent necessity for their use shall now at
tempt to show that such presents itself to the
| Convention in the "Stay- law" | remarked in the
outset that no person who had carefully read your
former correspondents, could doubt for moment
| that the Stay-law is both unconstitutional and in
FURIOUS III IT'S practical OperatlOn out tnere Is an
other great reason why that law should not be per-
mtted to remain Statute books We
now il the midst of great revolution. We have
rebeed against the government Of the United States,
and declared our independence of it. And what
are the causes which lmpeed us-at least the con-
sentative portion Of the people of North Carolina
to the separation? Is it not because that govern
ment has violated and trampled upon the Constitu-
ton which it was under solemn obligations to sup
port. am sure that every candid man will answer
this question in the affirmative. brave ard high
| minded people, who have reuolted from govern
ment, and Set up another upon such pretext ought
surely to pay high and punctilious regard their
own Constitutions, both State and Confederate.-
| This am sorry to say, has not been done by the
| Legislature. At its first extra session in May, it
passed Stay-aw which at the June term of the
Supreme Court was declared by that august tribu
nal to be in violation of the Constitution both of
the State and of the Confederate States. That,
would think, should have been the end of the mat.
ter; but instead of that, when it assembled again
in August 1t proceeded to enact law under dnoth-
er title, which, in fact re-enaced erery principle
which had been decided to be unconstitutional in
the former. They also proceeded in the face of a
clause of the Constitution of the Confederate States
which says that the Senators to the permanent
Congress shall be elected at the first regular ses-
of the Legislatures of the several States which
meets before the assembling of said Congress" to
elect them at extra session. 1t is true, they say
that they were empowered to do so by act OF
the Confederate Congress at Richmond. But what
is that to the purpose? Can the Confederate Con-
gress, which is itself bound by the Constitution,
authorize State Legislature to violate it. Nor did
it stop here The House of Commons, as if to show
its supreme contempt for all Constitutions, actually
shall | say t) elected a man to succeed the up
right, honest and accomplished Dortch, uho had no
right to a seat in thut boay The 9th section Of
| SfOfo EOncf if,,fIo &c fall hat
Ger in the regular army or navy, in the service or
pay Of the United States of this or any other State,
or any contractor agent for supplying such army
navy with clothing provisions shall have seat
in either the Senate, House of Commons, or Coun.
Gil Of State, or be eligible thereto and any member
of the Senate, House of Commons, or Council Of
{ State, being appointed to and accepting Of such
office shall thereby oacate his seat Yet, the
House elected Mr. Fleming Speaker, after he had
been appointed to and accepted Of the Office o.
Paymaster to Col Stokes, LIST Reg't of the N. c.
regular army, or State troops. Are not these things
a reproach to North Carolina-good old Consttu
ton loving North Carolina-or to her Legislature
But am proud to say that the Convention has thus
far, as have no doubt it will continue to do, paid
the most punctous respect to the Constitution o.
the Confederate States; having at its former ses
sion set precedent which hope it will follow or
this occasion, by repeating the law authorising the
issue of Treasury notes. because it was in violation
of the PROVISIONAL Constitution of the Confederate
States. After that, can hardly permit myself t.
doubt that it will repeal the present Stay-aw which
is DELIBERATE palpabs and dangerous" viola
: ton of the permanent as well the provisona
Constitution deliberate say, for it engaged tn
= attention of the Legislature, or Of committee o,
that subject for almost the entire session. and be
sides was passed in the face of former decision O
: the Supreme Court against its leading principles
d papable, l say, because it was admitted by it
friends, Notwithstanding its title, to be law "im
pairing the obligation of contracts" by releasin
o the debtor from paying his debts at the time h
contracted with his creditor to do SO dangerous,
say, because all violations of the Constitution ar
l. dangerous to liberty.
If And now, let the State of North Carolina arise
# her majesty, and through her Convention cast o
# this, the foulest reproach upon her good name,
repeating the act and she will receive from all he