Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-10-30

stay law committee having their eyes steadily hHeu
on the magnificent idea of nventinS mode OF vio-
lating the Constitution, not to De reached oy the
Supreme Court actually reported their bill SO as 10
hinder the Sheriff from collecting taxes. This was
afterwards amended by the insertion of the l0in
section of the act that now property may DC soia
to pay taxes to the State or County and also the d.
rect tax to the Confederate Government AT these
sales It will bereputable for Shylock or body else
to bid and buy-and with the stay law in force,
men, not remarkable for punctuality, can borrow
no money, no matter what property they may have
The 9Th section of. the act provides that in all
cases in which judgments have heretofore been tax
en- in either the Superior or County Courts
and upon which executions have issued 1t shall 5e
the duty of the Sheriff or other officer IN whose
hands such executions have been placed for colec-
tion to endorse levy upon the property OF the de-
PENDANT OF defendants sufficient to satisfy the same
and return such executions, without making sale;
and upon return II shall be the duty OF the cci 10
issue vcndition exponaS, teri acias at the cleo
ton Of the plaintiff returnable to that term OF the
succeeding Court which is held ~ months from the
teste of such vendtioni exponas, er facias, AMI
that all alias executions upon judgments heretofore
taken shall be returnable in like manner"
This section plainly impairs the validity oil con-
tract and no court can hesitate to declare it uncon-
stitutional. But even if it were constitutional, II
will not give the relief intended. 1t was intended
to give the defendant in executions which had issued
at the time the act passed. IL more months alter the
return of such executions. Heretofore levy on
chattel property meant a seizure by the sheriff. by
this act suppose the sheriff is not to take the prop
eHy levied on into his possession. He can't take a
bond with security for the forthcoming OF the prop
erty, because he can't with the fl. ia. now III his
hands, under this law fix the day Of sale. sup
pose the construction will be that he is to endorse
levy on horse or other chatte as he heretofore
levied land leaving the property in possession OF
the defendant. On the return of this levy an order
of sale issues retWrndbe II months after its teste
At any time during the Il months after advertise
meut the sheriff may sell-and if the property dis
appear, any time after the ven. expo. reaches the
Sheritf'S hands. the sheriff will he liable his Off
cal bond. Self.protection will compel sherfS to
sell without delay, instead of forbearng to act for
y months, in the mean time being in effect surety
for the defendant The same observations apply to
alias executions and executions issued by Justices
Of the Peace on existing judgments-and as to all
judgments OH which no execution had issued at the
passage of the act they left out of its operation,
and the plaintiff may issue his execution and collect
his money as heretofore. The act makes no prorls-
ion TO hinder a sale under deed of trust or
mortgage.
Under the operation Of this act the Judges of the
Superior Courts perform but half the services here
tofo-e required of them, while they receive the
salary as heretofore. In all the Counties where the
County Courts heretofore had jury for the trial Of
thrown upon one term of the Superior Court 1t is
obvious that no suit commenced 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 polar idea which must guide all actions.
even though it should bring us in conflict with the
constitution is the defence of the country against
our wicked and infatuated enemies that stay law
was Indispensable to our defence-and was conse
quently military necessity This is most delusive
and dangerous argument Hitherto it has been the
pride and boast of the South that we were conduct
ing this war with strict adherence to the great rad
cal principles OF constitutional Hberty-while our
adverSareS, under the tyrants plea, military neces-
Sity, nave suppressed the writ Of habeaS corpus,
muzzled the press, and in ways without number dis
( regarded the great fundamental principles of free
government SO sacredly observed by the British
Government Let every man who would preserve
order and good government Indignantly frown on
this monStrous violation Of the constitution under
LIncolns pretext that great military necessity
compels us to disregard the constitution. No such
necessity exists. Even a stay law such as 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, nerpose
between contracting parties and alter their contracts
deranges society, and consequently OeakenS instead
Of strengthening the country for military defence.
| But our law is the most abomnable invention to
make an effectual stay law which ever entered the
head of sane men. 1t makes a large stride in the
! direction of abolshing the judicial branch of the
| government, and consequently annihilating civil
| government; for of what laws, without
courts and judges to interpret and administer them
Two distinguished Senator'S each holding lucrative
position in the military department Of the govern
ment seriously proposed the total abolition of the
| Supreme Court, the one suggesting and the other
! actually introducing, bill for that purpose. II
! is in substance, plan to inaugurate anarchy, &C
| corling to law.
Do the great masses of the people suppose this is
measure calculated or intended to relieve them OIL
to relieve the soldiers? have not met with one o.
them so stupid to entertain this belief They al
know it may help the inscriptions Spectator who
owes to labOrers and others immense sums of money
! If he can postpone or defeat the payment of his
| debts, it will be convenient to him. But every pool
man knows that his credit is invaluable to him. Fl,
knows this law destroys his credit lie can't fail t.
SEE the wisdom of those who inserted in the Consti
tuition of the United States, and continued in TIT
Constitution of the Confederate States, the provis
ion prohibiting the Legislature from altering TIT
bargains made between man and man. The Consti
tuition makes contracts to pay money as unalterabt
as the contract by which man and wife take eacl
other for better or for worse. When promise
to pay money at future day he makes the promis
subject to all intervening contingencies.
But it may be asked what is the use of discussing
this question now, the General Assembly having
adjourned, and the winter term of the Suprem
Court being abolished, what earthly remedy i
there? 1t is feared none of the circuit judges viii
have independence to disregard the act on accoun
of its palpaple uneonsttutionahty if they fee
at liberty to act on it in reference to expedency
they may deem it best to throw the rcsponsibilit,
on the Supreme Court The best way to get rid o
this runous law, is for the people in every count,
in the State to memorialise the Convention to re
peal it. Every prudent man in the State knows tina
i'll blood ought to be got up between the Conven
ton and the General Assembly. The people ough
therefore, an eoery county, to petition the Conven
ton to repeal it. Such petitions need not go int
the reasoning They should be short. The follow
ing would answer.
THE undersigned citizens of - County, r.
specially petition the Convention to meet in Raleig
in November next to repeal the Act of the last Ger
eral Assembly, entitled can Act to change tn