Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1861-01-30
The STAY Law,

startled ouI of their usual pOrriety few
lays aga, by the unexpected revelation of
The fact that the Legislature seriously eun'
lemplAiei the proprlely Of passing an scI
TO stay the collection " debts fur longer
M shorlcr time, The Nsliouzl crisis .ermf
I" be the apology for such leglslalimm
liy a careful enquiry in cgarl to the
dockcls Of the Dis,rlc, aud lus,ires Couri,
We learn that fewer suits sO bruplh this
season Than at any former rerio'L Nor
are The people threatened with aclinns that
would force their property inlo market,
while there is general dcrWciNIipn and
the currcn, NJ husincss interrupted, The
" hnnc aud sincw A. conirahislinruished
r"m srccula'Qrs are not more embarrassed
ll'an usual nor are they clamorons f"r the
passage If Stay Law, We speak alone
fnr our avn county, aud We believe mat
ninc-tcuths of them are against H.
Such times MS the present, are always
prolihc Of now cxpclienls, and above all
nrollhc ~ men, who seize tho occasion -
inhict upon the country, course Of J. sisla-
ton, bearing upon tho necessities Of indi
vdualS rather than up' the massc-,-mcn
embarked In Spe" atoms and embarrassed
by thu fruits Ut oror trading or carlcs'ncss
in business Such mch always advocate
such temporary cSpc,licnts rs Stay Laws,
Relief Hills, Iimitory Statutes &op of no
practical or substantial utility 10 those
they are claimed tn benefit. Statutes Of limi-
taliuns are purely remedial aud do not
come within the scope OF the constitutional
inhibition which provides that "no retro
active law or law impairing the obligations
of contracts shall bc passed IL Is clearly
the province of the Legislature TO regulate
the mode " procedure IN courts SC, but
not to pa-S an act ilmt seems to conflict
with that provision of our Bill of Rights
which declares That no law shall be passed
that is retroactive or impairing the obliga-
lions ofcontracts. \ Stay Law would hc
in violation Of hi. provision because II
would change the intention Of the parties
and thereby impair the contract; and be-
cause il would operate upon contracts made
previous TO its passage. The Constitutions
of tho different States framed upon the
: fundamental t-u;ls Of Common law, all de-
! clare that retrospective or retroactive laws
nrc injurious oppressive and unjust. our
own State decides positively against it in
the Bill Of Rights, and the intention Of the
trainers Of our Constitution may be seen
by their effort to conhnc the course OF leg
islation wthin.propcr restrictions. II the
Legislature assumes the right to pass sucl
an act where is the authority or power
; tina, would prescribe limits to the period
Of the STAY? II debts are stayed one year
Why not fifty or a hundred' 1.-THE creme
dy " he taken away for ono month"; it il I'M
paired to that extent, and il 50 far in viola
ton OF the constitution, ~ to materially
chang. tie design and intention of the CON
| tractors. In the case of Dc Cardova, VS.
the city of Galveston, Judge Hemphill de-
fines n retrospective law to be ono which
destroys or impairs vested, or rights t.
do certain actions or possess Scrtain things
according to the laws Of the land We do
not assert that there is u vested right to til,
remedy existing Mt the date Of contract
but when tie igl, Of remedy is denied o.
impaired FOR one hour it is to that e1tcn
destroyed, and no believe comes within
the scope Of III. Inhibition.
Upon the whole, we think that the people
should be left TO manage their own pecu
mary and business affairs, fulfil their con
tracts and enter into obligations as suit.
them without the otficious intermeddlng O
the Legislature and the dangerous prcce
dent Of tampcring with retrospective legis
la,iou. All legislation should be designed
to effect the greatest good to the creates
| number but in this particular instance, i
would result in an entire stagnation o
business, destruction of confidence an'
credit. an Indifference to the fulfilmcnt o
inst obligations, accumulation Of intercs
an inability to pay at the end of tn
"s,ay and complete submersion OF TN
honest and dishonest in the common vortex
Our people are already well protected b.
the Statutes of limitationand of exemption
because much has been given, is NO reaso'
wbv more should be demanded. TIC mex
cali may be for a aay s,.'e die. Let thos
who wish "to slave off their j"st deo'
apply to Congress for relief as the Constr
tuition will hardly be barrier in the wa!
of passing Law impniring the obligations
of contracts