Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-11-16

alttls mo particusrs % shoE not only that the
Stay Law delays justice but the enormous evils
which sre obliged to result from it
]. a man dies and leaves will. The will Is con-
tested II will be six years under the Stay Law
befofs u edn BE detefmihed whether It Is VIII OF
At the end Of that time the executor qualities,
or administration is granted. The property ofsthe
estate must be sold on credit and it win take six
years to collect the debts. Atthe end of twelve
years The executor or administrator settles up the
estate. The widow is without means, and the chill
dren young-what can they do? How can they be
fed, cl1thed and educatedf -,
O. A man dies and there is no contest ABOUT his
Will or he leaves no will stiIl it is six years before
administrator has to be sued for settlement it will
be six years more before a recovery against him.
Observed these cases not ar fetched strained
but Of every day occurrence, and the whole pro-
perty Of the country must pass through this ordeal
for every man must die. i--} 2 81 - szsaies
8. Much the larger portion, probably nine,tenths
of the indebtedness of the countFy,sis secured by
suretes. The banks, executors, administrators,
guardians, money lenders &C., &C., all require sure
ties. When these surefies became bound it was un-
der state Of things whereby they could end their
liabilities in six months. Now they cannot end
them IN six years. And in that time, who can tell
what will be the condition of the prncipalsl They
very often traders spectators, of free habits
and easy consciences; and the times do not favor
sobriety, thrift, or good morals. The sureties, how
ever, more often the industrious, honest unsus.
pecting men of the country. What utter ruin is
before them .... ...... g.. Il -....a
A. But what is the use of any further case The
whole business Of the country may be cited to show
that the Stay Law does not allow speedy admins
traton of Justice, but retardS the same and so re-
tards it to produce such evils the country
suffered before by of ALL all the bad legsla-
ton that ever afflicted the statute book. =
i said the Stay Law was passed under mistake
of facts. .Lst. - 1884,
The purpose of the Legislature was, doubtless, to
prevent oppression. The purpose was good one
And this good purpose was the quicksand into which
they fell The first mistake committed was in sup
posing that any legislation necessary to the end
proposed. 1t may be that some simple legislation
indicating the sentiment of that honored and trust
ed body, that the times require that should
Cypress, but that one should aid another, would
have been quite in unison with public sentiment
And If there be one in thousand not readily con-
troed by that wholesome sentiment around him,
the additional force of such legislation would hardly
be resisted But admitting some legislation to have
been proper, the second mistake was in supposing
that this law would accomplish the end proposed.
The end, the very, the only end of courts is, to
prevent oppression. 1t is only when there are no
courts, or when their course is perverted that op-
preston can come at ALL This is the rule: speak
not of the exceptions. If the power were mine
would as soon think of abollslling the light and
warmth of the sun because there were sun strokes
from exposure to think of aboliShing the courts
because once in thousand, they may be perverted
Without the COURTS the weak at the mercy of
the strong. v ith the courts, the weakest is as
powerful the strongest. Yet how strange the
courts are abolished to prevent oppression. II
would be endless to attempt to enumerate the
wrongs which are DONE even when the courts fur
nish the speediest remedy. But who can imagine
the multiplied instances when vicious men know
that they have six years immunity? SANDER, Sc
duction rape treSSpaSses on real and personal pro-
pcrty and on the person, force and fraud in thou
sand FORMS have been too common even when ex.
emplary damages could be awarded in year. But
who does not shndder at the fact that now, for any
Of these, he must have a contest with the wrong
doer for six years?
The Legislature seems not to have considered the
courts of any use except to enforce the collec-
ton of debt. And that most excellent body seem
ed to have been of opinion that to collect debt IS
the only oppression. And this extraordinary hal
lucination has encouraged dull men to say that only
! in that way could the members themselves be op-
pressed; and that
"Tho' on duty they were bent,
| They had frugal mind"
For even these dull men could see, nor were they
80 dull as not to feel also the truth that to withhold
debt which is Justly due is as much oppression as
to collect it with this difference that to withhold it
is to complicate oppression with injustice. A few
instances will make this apparent. .--------
J. A man with wife and child and nothing else
engaged to work for another who is well off for the
year 1861, at one hundred and twenty five dollars.
In October his employer turned him off and refuses
to pay his wages, and he has neither food cloth
ing, nor shelter for the winter, nor he collect
his wages in six years! 'r.h
g. A laborer with family and nothing else, dug
a well for man worth thousands He cannot col.
ect his pay because his employer says others will
| not pay him. The laborer made no crop, and be-
a. II,
and had wallet begging credit for gallon of salt
8. A man on crutches has debt on man Of
show and pomp and Is afraid to sue lest the debtor
may fail before he can get Judgment ...
/ 4. An administrators time to settle the estate is
| at next December Court The widow and children
have no other dependence but he sold the property
! on credit kindly INDUCED the purchasers under
promise that they would pay in time, but now they
claim the Stay Law, and he cannot collect in six
| years. il ever. What must the widow and children
dor Again, if the debts are lost and probably they
will be- the innocent administrator must make them
| good, because he might have collected them before
| the Stay Law.
The foregoing not fancy sketches, but have
| been actually presented to me within few days for
| advice. And, mark during the whole time not
single sharper has applied to be saved out of diff
! Guilty. They make sure as they go.
| + Ought the Convention to interfere? Yes. Where
foreI Because there are three great depaT of
our govefnmeht:-the Legislative, the Executive,
and the Judicial And the Declaration of Rights
declares that they shall ever be separate and dis
tinct" The Constitution establishes the two first
| by metes and bounds, SO to speak. 1t prcscribes
who may be. voters and who Legislators, and how
and how>6ften elected, and how often to meet, and
their duties and powers, and term of Office: who
may be the Executive, how elected. his duties and
| powers and term of office But not so of the other
great department. 1t provides for the election of
Judges and secures the trial by jury; but when or
how often the courts are to meet and their duties
and powers, are not prescribed but are left to the
caprice Of maJorities, of the courts themselves
The Constitution is therefore incomplete in regard
to this great and most useful department And tho