The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-07-24

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play upon words, aud is not worthy Of the
gravity Of the subject.
The evil which the Constitution intended
to guard against at present, was not the ACT
Of passing such a lac, but the effect incident
TO the operations Of such lao; and respect
10 this, whether II was passed before or after
the adoption of the Constitution, was imma.
terlal. In illustration. suppose during its
untettered existence of seven hours, The State
had passed law making tobacco legal
tender in the payment Of debts. Alter the
adoption OF the constitution of the Conteder.
ate States, would tobacco have still contln.
ued TO be legal tenjers Most ossuredly not
for the time Of the passage of the law was
lmmaterlal. II ell laws either opposed TO the
express provisions of the Constitution then
adopted were TO continue in operation be-
cause they had been passed betorehand-all
OF the acts of the General Assembly should
have been subjected to rigorous scrutiny be-
fore the State was admitted into The Confed.
eracy.
II isa we'll illustrated principle of cons,i-
tatlonal law, that upon the adoption OF new
Constitution, or an amendment Of the Con-
stltutlon, any and all laws previously exist
ing, are ipso facto, annulled and become void
SO far as they are opposed TO and conflict
with the new or amended Consttution--on
the same reason that statute repeals all
statutes previously enacted Inconsistent with
its provisions, and a will res0kes all former
wills-or an order from head quarters coun.
termands one previously given, SO far as it
conflicts with its meaning and intention and
obvious policy.
2. But, apart from the Constitution Of the
Confederate States, we are Of opinion that
the statute is IN plain violation of the Con-
stitution OF the State, on two grounds.
LIST. "The declaration Of rights" fixes the
principle Of free government, by affirming in
section IL, mo free man ought to be de-
priyed Of his life, liberty or property. but by
the law Of the land"
II is settled that, by force Of this section,
the Legislature has not the power 10 deprive
A OF his horse and give It TO b, or TO deprive
Z Of his Office and give il 10 e, or d OF his
debt and give il to Fin other words. the
Legislature cannot deprive citizen oLhis
vested rights Of property. See HIKE Us.
Henderson, Des. |, aud the case there cit.
ed. So the question IS, can the Legislature
deprive citizen Of his debt, which is a
vested right and part Of his estate or prop
erty, in the broad sense in which the word is
used IN the section above cited, including all
rights OF person aud rights OF property, Ell.
her by comforting tue right on third per-
sen, or by releasing II 10 the debtor, or by
taking from the creditor the right to have
judgment and execution for his debt accord.
ing 10 the course of the courts. Manifes,Iy,
il creditor is deprived Of his right to have
judgment aud execution for his debt, he is
thereby deprived Of his right to the debt,
which consists ia his right TO enforce pay
ment, and the ground of hope that this dispo.
sitlon is not to be absolute and perpetual. but
only "until otherwise provided BY law
which is held out by the wording Of the stat
ute, does not at all vary the question Of pow.
er, because the power TO deprive one Of his
debt for an indefinite time is the same as the
power 10 deprive him Of it absolutely, and 50
far as the creditor Is concerned il makes no
difference whether the debt be given 10 a
third person or be released to the debtor, the
violation Of the rights Of the creditor is the
same, and the power that can do the one can
DO the other.
%. The statute /, unconstitutional, be.
cause il violates the 9Th section OF tie " dec
laraliOn Of rights" The legislative, execu.
Judicial porsrs Of government
ought 10 be forever separate aud distinct
from each other.
Suppose the Legislature should pass stat
nte that the Governor, IN the recess Of the
General Assembly, shall not elnbody the mi
llta OF the county Of Rowan. or shall not EN-
body the militia 0i the State, or shall not do |
any act Of his Office. would "lhe legislative |
and executive powers OF the government be /
kept separate and distinct from each other
Or suppose the Legislature should pass
statute, mat the Supreme Court shall not /
give judgment aud issue execution in tie !!
case u Barnes Is. Barnes, Or shall not give
judgment and issue execution in any actions
Tor debts due on bonds, pr0nissory notes,
&e., when in the trial Of the case, 10 tile |
court below. the instruction Of he Jury
was required, or shall MT give judgment aud
issue executions 10 any suit Or action, found /
ed either on contract or tort, brought before /
II by appeal from the Superior COuft. would
the legislative and supreme Judicial powers
Of government be kept separate aud distinct: /
Ia other words, would not the assertion
and exercise VI this power on the part Of
The Legislature destroy the independence
81 the executive aud supreme judicial pow.
RS d the government, and subsert the gov.
established by the Constitution, by
centering al powers Ia the legislative De. |
partment, aud making despotisln, instead
d Tree government, where the powers are
divided, and given to separate departments,
zach acting 10 Us appropriate sphere, as a
check on tie other!
such, Il seems to ps, would be the result
u The concession of the power assumed by
he Legislature - the passage Of the statute
Inder consideration.
This result Is not avoided by the fact that
he restraint on the Courts Is confined BY the
tatgte 10 action fOr debts aud matters of
Ontfsct aud that Il Is not absolute but mere.
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