Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-10-30
The Standard.
From the Fayetteville Observer
THE STAY LAW.

hcneyer usrtes shall make contract and 4 shall
bcro,us uorc difficult to perform it when the Tune
FIR fualh,ent arrives than it was when the con-
tract was made It proper and cxled:eit that tue
;,r;slature tnterpose and give Finger time to the
.bigor thae was agreed on eetsecn the parties, ,ot
the verFo nance of his undertaking Inc hessla
4urc ut,St necessarily be the juttSe whethe'' no
scarcity of money Or otiIer cause; p,..ct than
,.,rc difficult, =. the maturity of the coHtrAc, .''a
# was snp,osed to be when the contract was MAUI
n, LEGISLATURE hes ever attempted 70 sho,'e" ""
limo az ,.rferncatce where owing to abundance VI
or ether cause it is easier to perform, at tue
n,tur;tv rf the contract than the parties s'pPoSeu
u,be, .tc ycuntract was uade, though no 'ea'o' 10
,creciycl why the rule should not worh ooti "a9s
If this power exists in the Legislature a"u 80
-. b. exercised there is limit to its exercise eA
,..r,inr the legislative will. II it may postpone
,avmcnt fora year, it may postpone tor nve, ten,
nr titty years, 1t is contended by some, tnat ~
many owls grow out of what is called the credit
,r, that Society would he benefited by total az
,,;tion Of credit, bv allowing creditor no remedy
.r,ns, defaulting debtor. 1t is difficult TO con-
ce;ve how any rational mind can arrive at THIS con-
c,son, since every one must know, that from .nS
very nature of man, civilized or savage there VIII
ALWAYS exist some degree Of confidence between "a''
and man, and that he who promises shouiu o' ''"''
to perform. H., poy-
ILL.,,
olntiouary war. Our ancestors therefore hao '"e
benefit Of exoerience as to their effect Inc 'e:u'
Of that expcrience was the clause IN the Io'.su,u-
tion of the United Stateswhich is retainer III 'ie
Confederate onstituton--prohibiting State from
raising any law "impairing the Obligation OF con-
tracts This prohibition applies as well TO s.a!e
of war AS to state Of peace notwithstanding .".s
prohibition growing out Of the bitter experience VI
the revolutionary stay laws, in the very next war,
~ no ,HnntlON OF TINS Salu-
tarv provision of the Constitution, the General hs,
senblv of North Carolina, in the year ISL, passeu
an act providing that any Court, rendering JUG
men. against debtor for debt or damages net"ee"
the 3lst of December in that year ana ISL OF reoiu
arv 1874 shall stay the same until the hrst term or
session of the Court after the latter per'o'i, upon
the defendants giving two ireehoiders rs SECURITIES
This act in the case of Jones Is Crittenden, gar
l.. H. .. $50 was declared unconstitutional. IL Is
refreshing to read the opinion Of Chief Justice ray
lpr IN this case 1t exhibits the purity and elevated
ientdusness of the man, the elegance perSpic
uty and force of jurdical style, and profound states
manship The act was declared UNCONSTITUTIONAL.
In this decision there has been universal acquires
ccncc but IN the session OF 1901 ol, oelo'e wal
commenced, attempt was maze 10 pass '''o'".'
stay law; and at the extra session one was passeu
which at the June Term of the Supreme Court was
declared unconstitutional. vt the second extra seS-
sion, commencing in August last, JOINT seiec' COLE
mittee was appointed, who seem to have exercised
their wits how to enact law intended eitectualiy
to hinder creditors and impair contracts. IN SUCH
shape that the Supreme Court, in which there Is
still respect for the Constitution should not be able
to declare it unconstitutional and void Their study
seemed to be- not how to pass constitutional law
on the subject but how to ecade the Supreme court,
and at the same time in spirit and effect to violate
the Constitution, by giving longer time TO DEBTORS
without any security to creditors, thereby impatr-
ing the contract in much greater degree than did
the act of 1872.
Il is conceded that the Legislature nav consttu-
tionaliy alter and reform the Judicial system-and
the rules Of pleading in order to improve and he-
tate the administration Of juStice-a power which
has been often exercised in abolishng jury trials Ill
many of the County Courts of this State. This
has been done generally in Counties where there
WAS little litigation, and the Superior Courts were
supposed to be sufficient to try all the jury cases.
In these counties one of the effects incidents OF
abolishng the County Courts to Delay creditors,
but such not the olject or design. This com-
nttce resolved to pass s.ay lac under the specl-
ous title of "a bill to change the jurisdiction Of the
Courts and the rules Of pleading therein and so
to frame it that the Supreme Court could not judi
cally see that il was stay law under the yuise of
ar act to improve the adniniSt alton of jusce-and
here let me quote few passages from the opinion
of the Supreme Court, delivered by Judge Taylor.
in the case TO which have referred bearing directly
ON this plan Of evasion
IAN argument urged and much relied on by the
defendants counsel is that the law in question bears
only on the remed" and Is therefore within the
sphere Of legislative authority. But if in so doing
it violates the constitution is not less invalid thar
fit directly touched and aunuled the right Ever,
one will agree, that law. which should deny to al
creditors the right of institung the action of debt
covenant assumpsit, or bill in Chancery woulc
evade the Constitution; but law which Should
limit the recovery of all debts to SO short perot
after its passage, that it would be impossible, &C
cordng to the course of the Courts to obtain judg
ment would also be null and void Though sucl
laws ostensiby, bear only on the remedy, vet the
do, IN reality, annhatc the right. The law befor
u.s. it is conceded, does not so to the extent of eth
CT instance, yet it certainly diminishes the impor
tancc and value Of the right. 1t is difficult to cor
ceivc how law could otherwise impair an exstin
right than by withholding the remedy, which is j
effect to suspend the right.
The undoubted right of the. Legislature to alte
and reform the judicial system may, it is SAID prt
duce delay in the execution of a contract, equal
that which results from the present law, and 1t
urged that all such acts must, upon the same prir
ciple, be declared unconstitutional.
We cannot acquiesce in the final conclusion draw
S''S""S
acknowledge to be correct.
All such laws, the Legislature have an unque
tlonable right to enact, a right which the poop
have never surrendered and the exercise of wbic
is not forbidden by the Constitution of the Unite
States
But it must be considered, that the primary an
es'entil object Of all sxoh la,os is the promotion
the administration of justice, its advancement an
improvement If delay grow out of them-if ar
thing that bears the sen,blance of the violation of
contract follow in their train, it is merely the uni
Tended incident and consequence Of the exercise of
ttuJuS authority. til different uiM the lao
.t0rs ~s-its Gerry design as expressed in the title
1" DC that against 0hich tile constitution has
prsxxed its Feto"
NOW our act does not, like the act of 1912 o
press it's design by its title, but purposely and
lnsenuousy expresses design, not in the conte,
knew and admitted it was a stay law, with a fran
ulent title, to preventive Supreme Court from ;r
cally seeing its true design-and vet everv msJut
is bound by his oath to observe the Constitn.;.
equally with the Judges of the Supreme Count
The Constitution Of the Confederate States 49,.
in authorization of i,nm ad,at to war "oP'