New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-11-25
MONDAY MORNING. NOVEMBER 25. 1861 NUMB

liberty and property the three great obects OF
constitutional government-the safeguards thrown
around these by the Constitution can never be
invaded by any department Of the Government.
1t is, therefore, clear that the power conceded to
the Legislature by the 18th SECTION of the Bill of
Rights to suspend some law or laws is fully ex-
planned by the 18th section, and by the generally
acknowledged theory of the Legislative power. 1t
ia also clear that the 18th section of the Bill of
Rights is in harmony with the 18th, and conflicts
with no other provision of the Constitution.
There is clause in she statute which prohibits
the running of the statute of limitations while the
statute is in force, but the statute being void this
provision would fall with 1.-THE statute of limita-
tions would run on-in the mean time, many
claims will be barred and never collected.
But it is insisted that the people desire the pas
sage of such law, and that their necessities re-
qure it. To this reply that the Constitution is
par excellence-the peoples law-they made it,
and declared it invioate,-t cannot be repealed
by the Legislature if it does not meet the emergsn
cy of the times, and prevents any other remedy
the people alone have the power in convention to
change it. r- ..,.s-a rs.
But you ask me how the Stay Law can be
amended That which is wholly vicious and clearly
condemned by the fundamental organization of
society ought not to be amended. Pass q new
law-if you have no Importance term, grant that
if you have no forth coming bond law, grant that
these are within the power ofthe Legisature-they
will give six months before judgment and twelve
months time after judgment If that is not enough,
we must trust to the magnanimity of judgment
creditors. The valuation law has been resorted
to in some States, but the Supreme Court of the
United States have declared it unconstitutional.
[Smith's Com. $780,
Suppose we had no Constitution, would you
consent that the Legislature should deprive you of
the right of making your own contracts? II you
sold your whole estate on credit of one and two
years. taking notes secured by mortgage or ven
doris lien, would you allow the Legislature to step
In at the maturity Of the notes and postpone their
collection indefinitely? No sane community would
mi tn he of ha
despotism Of the most vicious character-it would
produce revolution and anarchy, and blood would
flow in torrents where peace and harmony would
otherwise prevail.
Beyond the Constitution and laws passed in
pursuance thereof the true remedy for the troubles
that oppress us is to be found in the good sense
and magnanimity of society. 1t is upon this foun-
dation that all free government rests We insist that
the people are capable of self-government-o
Constitution 30 declares, and to abandon it now
would be to return to the embraces of despotism.
Despotism is what we are fghting-it is this that
produced the Wharf.-The usurpatons of Federal
power have created the Southern Confederacy.
We deny the powers claimed by the usurpers of
the North. We insist on the blessings of Consti-
tutional freedom, State and Federal-we are now
fighting the greatest battles of modern times on
this issue. Shall we abandon it in the midst of the
struggle? Shall we deny that confidence is to be
reposed in man? Shall we proclaim that he is
utterly unjust and unworthy to be trusted? Will
he stoop to plunder his neighbor when common
and all the means of the country are required to
expel him from our soil? Doubtless, exceptions
will exist to the general rule--here and there "
Philosopher of Sal 1rlontanurn" will be found who
would sooner see the COnfederacy perish than
yield up his saline treasures; but we shall have
salt enough to save US without the aid of these-a
viftuous public opinion will overwhelm them-a
universal spirit of patriotism will scourge them as
common enemies from the land. Unfetter our in
ternal commerce-do not blockade that because
Old Abe blockades our foreign trade-let the in
genuity, energy and industry of the people have
full play, and they will eventually triumph over all
obstacles.
An efectual remedy for hard times is to be found
in breaking the blockade Let US build or buy at
once dozen steel clad ships OF war--let US have
New Orleans Ram in every Southern harbor. We
lave now credit enough to accomplish this object;
the several States and our men of wealth can ad-
vance money to buy or build the navy and secure
their pay from the Confederacy. Let each State
move at once with the Confederate Government in
this direction, and in twelve months the Northern
pirates will be driven from our waters and the
flags OF nations will be in our harbors. England,
France and Spain want eotton--let them sell US
dozen ships of war and take their pay in cotton.
The crop now in hand will be sufficient for this
purpose.
fear you will consider me behind the spirit of
the times on the Stay Law question, but | cannot
forego my convictions that it is fatal step in the
direction of anarchy. If temporary ma ority in
the Legislature may overtnrn the long settled prin
ciples of law and justice between man and man
violate private contracts prevent the collection of
debts, overturn the Constitution and leave the
fusion, all honest minds will despair of free instu
tions, and military despotism will be the neces
sary result.
Should you differ with me in these views, I shall
be happy to hear from you in reply.
JOHN b. FREEMAN