The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-10-23
From the Fayetteville Observer.
THE srAY LAW.

that whenever parties shall mage contract
and il shall become more difficult to pUform
it. when the time for fultillment arrives. than
it was when the contract was made, il is
proper and expedlent that the Legislature
interpose and give longer time 10 the obi.
COR than was agreed on Stween The parties,
for the performance o. his undertaking. The
Legislature must necessarily be he Judge
whether, from scarcity Of money Or other
cause, performance Is more difficult, al the
maturity Of the contract, than il was suppos.
ed to be when the contract was made. No
Legislature has ever attempted TO shorten
the time Of performance where owing to a
bandance Of money or other cause, il IS east
er to perform, at the maturity OF the contract,
than the parties supposed when the contract
was made, though no reason is perceived
why the rule should not work both ways. Ii
this power exists in the Legislature, and
ought to be exercised, there is no limit to
its exercise. excepting the legislative will.
II II nav postpone payment for year, It
may postpone for five, ten, OF fifty Years. 1t
Is cuntended by some. that so many evils
grow out Of what is called the credit system.
that Soclety would be benefited by total
abolition q credi1, BY allowing creditor no
remedy against deianlting debtor. 1t is
din II ID conceive hnw any rational mind
can arrive Il tbs conclusion, since every
oac must kn M. that from the very nature Of
man, civilized 81 savage. there will always
exist some degree Of confidence between man
aaa man, and that he who promises should
be made to perform.
Stay laws were generally enacted during
the Revolutionary war. Our ancestors there
fore had the benefit of experience as to their
effect. The result Of that experience was
the clause in the Constitution of the United
Ststes-which is retained in the Confederate
neutrality-suspicious. State from pass.
ing any law "impairing the obligation OF
contracts" This prohibition applies as well
TO state of war as state of peace. Not
withstanding this prohibition, growing Out Of
the bitter experience Of the revolutionary
stay laws, IN the very next war, only some
s5 years after the adoption Of this salutary
provision Of the Constitution, The General
Assembly Of North Carolina, in the year
1919, passed an act providing that any Court,
rendering judgment against debtor for
debt or damages between the Slsi Of Decem-
Der in that year and Isl OF February 1914,
shall stay the same until the FIRST term or
session of the Court after the latter period.
upon the defendants giving two lreeholders
As securities. This act, in the case Of Jones
v. Crittenden, l Car. l.. K. p. SIS, was de.
elzred unconstitutional. II is refreshing TO
read the opinion Of Chief Justice Taylor in
this case. Il exhibits the purity and eievat-
ed conseientiousness Of the man, the ele.
gance, perspicgity and force OF juridical
style, and profound craftsmanship. The act
was declared unconstitutional. In this de-
cislon there has been universal acquiescence:
bur 10 the session Of ls6O-6l, before war
commenced, an attempt was made to pass
another STAY law; and al the extra session
one was passed. which al the June Term Of
the Sapreme Court was declared unconstiiu-
tioaal. At the second extra session, CON-
meneing in August last, joint select com
mittee vas appointed. who seem to have ex-
ereised their wits how 20 enact law intend
ed eHeetuslly TO hinder creditors and impair
contracts, in such shape that the Supreme
Court. ia which there is still respect for the
Constitution, should not be able TO declare 1t
unconstitutional and void. Their study seem
ed 10 be. not how to pass a constitutional
Law on the subject, but how to Grade the So
preme Cortland at the same time, 10 spir-
II and effect. 20 violate the Constitution, BY
giving longer time to debtors without any Sc
eurIty TO creditors, thereby inpairiag the
contract in much greater degree than did
he acl Of 1879.
Il i conceded that the Legislature may
eonstitstionaiiy alter and reform the judicial
system--aad the rules 81 pleading 10 order
10 improve All facilitate the administration
u iastice-A power which has been often e.
ereised il sbolishing jury trials 10 many Of
the couaty Courts Oi this State. This has
been done generally 10 Counties where there
was lIttle litigation. and the Superior Courts
were supposed 70 be sufficient to try all Jury
cases. II these counties one Of the efeeis or
faeifeats 81 abllishiag the County Courts
var % delay creditors. bat such was not the
objsef or deHga. The committee resolved to
pass stay iqv under the specious title Of
bull 70 change the Jurisdiction Of the Courts
and the rules Of plesdiag therein and 30
to frame il that the Supreme Court could not
jadieially see that il was a stay Law under
the g4ist Of an act 70 improve the admins.
trati0n d jastice--And here let me quote a
fes passages from the npinion d tie 81
preme Court, delivered by Judge Taylor, 10
&c case to which | have referred, bearing
directly o. this plan of esasion:--
a afgumeal urged and much relied b BY ne de.
len8aa counsel i. ibsi The aE Ii question bears On.
d - Us remedy AMI d therefore within the sphere oi
legislative authority But fin doing il tbe
esnstasion. Il j. not les invalid. ihaB u 4 directly
tossbsd and ssnuiied lhs right Every one vii sEfee.
thsl lss, shich should deny . al efs5gfs ie ng1
d fassptins Ne ariion Vi dehi covenant. assamgs
= 81 - chs1eefy, would invade The Constitution.
bai hs shfh fhou y limit tbs recovery Of oil jsbis
% - ehoa pstgi alter he passage. that il would be
iuP9ais aresf3inz - the % the Cgurs u %.
tsln judgment. uoeh alec be ngn and soid. Though
ssch sss, ssitnsipii. bear only ibe fsmfdy. ytt
usI o. "a lcsly tnnkissis The night. The law siofe
- Z = sgses9sd, does noi % % The sfieni u eiihsf
tns,asas, 81 certainly dinBshss ihe importance sn5
s1ise q Tie nthi Il i dicgli 10 cohesive bgn as
esad esasfsss impair ~ eSisiing rghi han y slk