New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-11-20
SOUND Observation-Disclosures.


/ SOUND RECOMMENDATIONS
4
We freely concur in, and heartily subscribe to,
the following judieious Recommendations made in
view of the approaching session of the Legislature
which appeared in the Bee Of yesterday morning
I In times of war, when debtors are numerous,
business partially suspended and pecuniary obi.
cations difficult to meet there are always numbers
Of persons anxious Tor the Legislature to nterpose
between the creditor and the Law, and to protect
| the debtor from q compulsory payment The pro-
/ pTIety OF enaeting what is Technically termed
/ : stay Laws Is exceedingly questionable. We
nave gwen the subject some attention, and cannot
pnt conclude that any such enactment of a gene
raj and sweeping nature will work infinitely
more mischief than benefit. It may save a few
honest but unfortunate men frem the gripe of a
asnflous and rapaeous creditor, but it will enable
thensahds OF dishonest people to evads and ulti.
mately avoid the payment of their lust debts.
Nethlng can be easier under stay law than for a
rascal, during the interval of suspension of the
recovery Of debts, to ALLEVIATE his MEANS and thus
Wnen Inc laws are again enforced, to have ap-
parenty nothing wherewith to satisfy his creditor
our laws, as they stand, are VIGOROUSLY ndnigent
e the debtor One might suppose they had been
framed upon the supposition that the latter was
was invariably Shylock. The fraudulent failures
Wnicn occur every year in this city as well as
others, and which nineteen times in twenty bring
down no penalty on the heads of their perpetual.
Il
our whole system Of statutes towards those who
owe money.
That possible notifications of existing laws may
be made by which the honest debtor may be tenn
porarily shielded from ruinous sacrifice, we will
not undertake to deny. ALL such interference,
however with the legal and constitutional rights
l3of the creditor demands the most mature and de-
liberate reflection, lest in seeking to prevent a
wrong greater one may be committed. We
hope the Legislature will not act in the premises
without foil, impartial investigation and especially
do we invoke of that body in the discussion of 50
momentous theme the total abnegation of local
prejudice.
There cannot be too much consideration be-
slowed upon this subject = we mean unimpas-
stoned, iudcious Consideration with the sole and
simple view of securing the largest amount of Just.
ice to all parties in the premises, it, indeed, action
Is deemed at all Indispensable The equities of the
case are BY no means evenly balanced, and unless
those equities are duly weighed the grossest in
justice may be done by the Legislature undercover
ofan act purporting to be righteous and generally
beneficial The Bees reference to the usual resort
ofrascals is sufficient proof of this Is
Ihe debtor andcredtor classes are about equally
divided ia the; community. Now, which of these
classes deserves encouragement at the hands Of
the Legislature2 Why, simple, uuadulterated Just.
1ce--the equity which religion, honor and impair
tiality ineulcates and enforces, demands the pro-
lection of the creditor class. Why? Because it is
the class that srghteously entitled to protection
and If the exigences of the times require sacri.
nees, they should be the last to be sacrificed
Again, Why Because the debtor class enjoy their
property, money or effects, as the case may be,
without payment which, if in the possession of the
genuine owners, might enable them to weather the
financial storm without much difficulty. A STAY