The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-10-22

Some, If not ALL the advocates OF the Dill, con-
/ coded that in spirit and design it violated the
Constitution; but they insisted, that If such law
were not enacted, soldiers could not be found to
leave their homes and fight the battles of their
country, if the Shylocks left behind might seize
and sell their property and leave their wives and
children without house homeland when these
orators, on this or any other subject touched this
theme, truly brave soldier, if he had been pre-
sent, would have been disguised at the windy lau-
dation bestowed upon poor soldiers. Every brave
man in the field knows well that his countrymen,
left at home, too manly to allow his property
to be sacrificed under the Sheriffs hammer, while
he is facing our common enemy. The argument
rests on the assumption that our army IS made
up Of men unable to pay their debts-whereas on
the contrary very many of them are dependent on
the collection of debts due them, to support their
families and pay their own debts. Under color
Of protecting the soldier, who neither needs nor
asks for any such protection, that innumerable
class Of debtors, who never pay until they CO.
creed, will alone be gratifed- will not say ben
Gifted for think it will generally be ruinous
to them. They will have to pay their taxes. The
stay law committee, having their eyes steadily fix
ed on the magnificent idea Of inventng mode OF
violating the Constitution, not to be reached by
the Supreme Court, actually reported their bill SO
as to hinder the Sheriff from collecting taxes.
This was afterwards amended by the insertion of
!
taxes to the State county and also the direct
| tax to the Confederate Government. At these
sales it will be reputable for Shylock or anybody
! else to bid and buy-and with the stay law In
| force, men, not remarkable for punctuality,
borrow no money matter what property they
have.
The 9th section of the act provides that Sin all
cases i'll which judgments have been heretofore
taken in either the Superior County Courts,
and uDOn which executions have issued shall be
the duty of the Sheriff or other officer in whose
hands such executions have been placed for col
lection to endorse levy upon the property OF the
defendant defendants, sufficient to satisfy the
same, and return such execution, without max ing
sale and upon return it shall be the duty of the
clerk to issue venditioni exponas or fri facas at
the election of the plaintiff, returnable to that
term of the succeeding Court which is held II
months from the teste of such venditioni exponas,
fri tacias, and that all alias executions upon
judgments heretofore taken shall be returnablc
IN like manner.
This section plainly mpairs the validity of
contract, and can hesitate to declare it
constitutional. But even if it were constitution
AL it will not give the relief intended. 1t In
tended to give the defendant, in executions which
had issued at the time the act passed, II more
months after the return of such executions Here
totore levy cAatte property meant a seizure
by the sheriff. BY this act L suppose the sheriff
is to take the property levied on in his posses
sion. lie can't take bond with security for the
forthcoming of the property, because he can't,
with the fl. ia. now in his hands, under this law
fix the day of sale. [ suppose the construction
will be that he is to endorse a levy horse or
other chattel, as he heretofore levied on land,
leaving the property in possession Of the defend
ant. On the return of this levy order of sale
issues, returnaGtc II months after it's teste. AT
any time during the II months, after advertise |
ment, the sheriff may sell-and if the property |
disappear any time after the expo reaches |
the sherffs hands, the sheriff will be liable his
official bond. Self protection will compel sherifs
to sell without delay, instead Of forbearing to |
act for II months, i'll the time being in effect
surety for the defendant. The same observations
apply to alias executions issued by Justices of the
Peace on existing Jud queensland as to all |
judgments which execution had issued at
the passage of the act, they left out OF it's ope
ration and the plaintiff may issue his execution
and collect his money heretofore. The act !
makes no provision to hinder sale under deed |
OF trust or mortgage.
Under the operations of this act, the Judges of
the Superior Courts perform but half the services
heretofore required of them, while they receive
the salary heretofore In all the counties
where the County Courts heretofore had jury for
the trial of civil suits, the whole business of six
Courts Is thrown upon one term of the Superior
NOuEI. LII Is obvious LnaC no suit cOnmmenceu
after the passage of this act could ordinarily be
tried short of seven years after its commencement.
The strenuous advocates Of this bill Insisted
that the popular idea which must guide all our
actions, though it should bring US in conflict
with the constitution, is the defence of the coun-
try against our wicked and infatuated enemies:
that stay law was indispensable to defence
aud was consequently military necessity This
Is a most deluslve and dangerous argument. Hith-
erto it has been the pride and boast of the south,
that we were conducting this war with strict ad-
herence to the great radical principles of constita-
lonal llberty-whe adversaries, under the
tyrants plea, military necessity, have suppressed
the writ OF habeaS corpus, muzzled the press, and
In ways without number disregarded the great
fundamental principles of free government so sac
redly observed by the British Government.
Let every man who would preserve order and
good government Indignantly frown on this mon
strous violation Of the constitution under Lncolns
pretext that great military necessity compels us
to disregard the constitution. No such necessity
exists. Even a stay law such that Of 1872,
would derange the general business of society.
The assertion Of the principle in any shape, that
the General Assembly may at its pleasure, inter-
pose between contracting parties and alter their
contracts, deranges society, and consequently
aceohens, instead of strengthening the country for
military defence. But our law is the most abomi-
nable Intervention to make effectual stay law,
which ever entered the head of men. 1t
makes large stride in the direction of abolishing
the judicial branch of the government and conse-