Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-10-30
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The STANDARD.
- lYreta tasl Raysalsytlle obatrttfiI

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trsct v,s made IL is proper sndexpedent that the
LEGISLATURE interpose Ete give longer time 10 ,ne
- thar was aRfeea on between the parties, io'
abe I,erfo, nance If his undertaking. The Legs&-
t,Ire must necessarily be the Judge Whether, nun
scarcity of rooney or other cause, Periorua". -
ore dia;celt at the maturity of the contract thaI
Il was supposed to be when the con'rac' Sde 49,.
No Legislature has ever attempted to shorten 'n
dime Of oerfornance where owing TO aouhua"ee u
.naney or other cause it is easier to perform, d. '
maturity Of the contract than the parties suppose:
when the contract was made though no 's"eo" 20
perceived why the rule should not WORK oo',i
ff this mower exists in the Legislature, ana opgnt
~ ba exercised there is no limit to its exercise, eX-
c,ntiuy the legislative will. If it may postpone
uavment for year. it may postpone for hve, 'e"'
~ CIV years 1t is contended by some, that so
many evils grow out of what is called the circuit
tenn that Society would be benefited by to'ai ao'
clifton of credit by allowing creditor no ie'ne
srs;nst d,aul,ine debtor. 1t is difficult to con-
ceiye how any rational mind arrive at TINS con-
clusion, since every one must know, that from tne
very nature of man. civilized or savage, there VIII
always exist some degree Of confidence between man
and man and that he who promises shoulu DC iiaue
to perform por-
STAY laws were generally enacted during the he'-
oIntionary war Our ancestors therefore hau 'ne
beneft of exuerience as to their effect The result
of that experience was the clause IN the Costltu-
tim of the United StateS-which Is retained IN the
2 Confederate Constitution-prohlbtlnga o'a'e Houi
passing any law "impairing the oblsauon OF e'.'-
tracts" This prohibition applies as well 10 stS!e
of war as to state of peace. Notwithstanding TINS
nrohib,ion growing out Of the bitter experience OF
the revolutionary stay laws in the very next war,
only some % years after the adoption OF this sau-
tary provision of the Constitution, the Nenera AS
Semblv of North Carolina, in the year lSl2 paSSeu
an act providing that any Court rendering JUG
men: against debtor for debt or damages netWee"
the 3lst Of December in that year anu st OIL reoiu-
ary 1914 shall stay the same until the hrSt term OF
session of the Court after the latter PERIOD, upon
the defendants giving two freehoders as securities
This act i'm the case of Jones rs Crittenden Gar
/. r. D. $50, was declared Unconstitutional. IL Is
refreshing to read the opinion OF Chief justice lay
lar in this case 1t exhibits the purity and elevated
cnnscientousness of the man, the elegance, persplc
ty and force of iurdical style, and profound states
manship The act was declared unconstitutional.
In this decision there has been universal acquleS-
cence but IN the session OF lSbO-Ol before war
commenced an attempt was made to pass ahother
stay law and at the extra session one was passed.
which at the June Term of the Supreme Court was
declared unconstitutional At the second extra Ses-
sion commencing in August last, JOINT select con-
lnittee was appointed who seem 10 have exercised
their wits how to enact law intended ettectualy
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 aOle
TO declare it unconstitutional and void Their study
seemed to be, not how to pass constitutional law
on the subject but how to srade 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 impair
ing the contract in much greater degree than did
the act of 1912.
|, is conceded that the Legislature nav consttu-
tionally alter and reform the judicial svStem-and
the rules Of pleading in order improve and iacIll-
tate the administration Of jISiice-a power which
has been often exercised in ahoShing jury trials in
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 suf Gent TO try all the jury cases.
In these counties one of the sects or incidents OF
abolShing the County Courts was to Gcay creditors
bat such was not the otjec. or design. This COM
nttee resolved TO pass stay lac under the Speci-
Gus title Of "a bill to change the jurisdiction of the
Courts and the rules of pleading theren'-and so
to frame it that the Supreme Court could not judi
cally see that il stay law under the yuise of
act to improve the admInistI alton ofjustlce-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 hears
only on the remedy, and is therefore within the
sphere of legislative authority. But if in doing
it violates the constitution is not less invalid than
if it directly touched and annued the right. Every
one will agree that law, which should deny to all
creditors the right of inStutng the action of debt,
covenant, aSSulnpsit, or bill IN Chancery, would
eyade the Constitution; but law which should
limit the recovery of all debts to short period
after its passage, that it would be impossible,
cordng to the course of the Courts to obtain udg
ment, would also be null and void. Though such
laws ostensbly, bear only on the remedy, yet they
do reality, annihilate the right The law before
us is conceded does not go to the extent of eth
CT instance, yet it certainly diminshes the impor
lance and value Of the right 1t is difficult to con-
ceive how a law could otherwise impair existing
right than by withholding the remedy, which is in
effect to suspend the right.
The undoubted right of the Legislature to alter
and reform the judicial system, may, it is saId pro-
duce delay in the execution of contract equal to
that which results from the present law, and 1t is
urged that all such acts must, upon the same prin-
ciplc be declared unconstitutional.
We cannot acquiesce in the final conclusion drawn
from these PROMISES, which, without hesitation, We
acknowledge to be correct
All such laws the Legislature have an unques-
tionabAe right TO enact, right which the people
have never surrendered, and the exercise of which
is not forbidden by the Constitution of the United
States.
But it must be considered, that the primary and
essential object of all such Ltuos is the promotion o,
the adm inistratiOn of justice its advancement and
Improvement If delay grow out of them-if any
thing that bears the semblance of the violation of
contract follow in their train, it is merely the uni'
tended incident and consequence Of the exercise Of q
trWfal authority. 1t is different NTH the LaD be
fore us-its Gerry design, expressed IN the title,
to do that against Which the constitution has &c
pressed its Veto" e..
Now our act does not, like the act of 1912, ex
press its design by its title, but purposely and dis
ingenuously expresses design, not in the contem
plation of member who voted for it. Every body
knew and admitted it was stay law, with fraud
ulent title, to prevent the Supreme Court from judi
cially seeing its true design-and yet every membe
Is bound by his oath to observe the Constitution
equally with the Judges of the Supreme Court
The Constitution of the Confederate States, adopted
in anticipation of immediate war; contains the SAM
identical prohibition.
Some, not all, the advocates of the bill, conced
ed that IN spirit and design il rinlaed the Gonstit