Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-07-18
FOR MAJOR.
n

Fort CasWelI.
"A Is
Supreme Court Of North Caroiina-Decisio" on the
JOHN BARNES vs.. JOHN T. BARNES, ct al
! The provision of the Act of Assembly, passed on
18th day of May, 1861, commonly called the Stay
Law orbidding jury trials, and trials before Justices
of the Peace and the issuing of executions and sales
under executions and deeds OF trust held to be uncon
stitutional and void.
This was an action of debt, tried before Heath, j..
at the last Spring Term of Wilson Superior Court.
During the tendency of this case in the Superior
Court the defendants pleaded since the last contlnu
ance the following act of Assembly:
AN ACT TO PROVIDE THE SACRIFICE OF PROPERTY
SUSPEND PRocEEDINGs IN CERTAIN CASES.
SIC l. Be 1t enacted by the General Assembly Of the
State of North Carolina and is hereby enacted by the
thoriy Of the That execution of eri tac1as or
action for debts and demands due on bonds, promssory
bills of exchange covenants for the payment omoney
demands specific articles other than those
upon official bonds in favor of the State against
residents shall be issued from the passage of this ac by
of record magistrate for the sale OF property
until otherwise provided by law; shall there be any
sales under deeds of trust ecree unless by the consent
of parties interested until otherwise provided by law.
the hands of officers whether levied the officer hav
ing such executions shall the to the magistrate
OF court from whence they issued without further execq
not issue again until the operation of this act Pro
ud That this act shall not be construed to discharge the
which has already been acquired by the taking out such
g. There shall be no trials of any cases uirjng the
Intervention of jury, upon before Justice
of the Peace suit action for debts demands due
on bonds promisssory notes bills of exchange covenants
for the payment of money Judgments accounts and all
other contracts for money demands, contracts for spe-
This shall apply to liabilities upon the part
of public officers either to the State counties, corporations
individuals nor to state county or corporation taxes
to debts hereafter contracted to debts due the
State, to debts due from nonresdents to the
is any debt or obligation at present existing shall be held
considered debt hereafter contracted.
SEC. The interest which has since the day
of January A D. 1861 which may hereafter
any promssory note which was payable before
passage this act may be collected by action of debt
assumst before justice of the peace the amount
then in the county superior Prouded hoceue
warrant suit shall be brought except for the
terest of one or more (aways making
berg by computing the time from the day when the interest
upon such bond or pronissory note began to accrue
perty without the consent of his creditors
shall not be entitled to the benefit of this act.
SEC T. That all mortgages and deeds in trust for the ben
of creditors hereafter executed whether registered
not and all judgments confessed during the continuance OF
e this act, shall be utterly void and of no effect.
Sec. 8. The time during which this law is in force shall
be computed any where the statute Of lmita
r tons comes in question.
g. That this shall be in and after
e ratification.
Read three ratified in the General Assembly
this 18th day of May, A. D. 1861.
; And the being called for trial. defendants
counsel urged the provisions of the said act
Il
not go against him. His honor ruled the objection
and ordered the trial to proceed and verdict rem
l. dered for the plaintiff, passed judgment and ordered
execution, from which the defendants appealed this
Court Questions in this involving the constitutionaty
OF the Stay Law at term motions for the ssu
ing of executions on judgments in this Court which
: are all considered in the opinion of the Court
IL B. F. Moore, for the plaintiff.
d Strong, for the defendants.
o PEARSON, c. j. The plea since the last continuance
~ VIII oln no homo of hiatt
commonly called the Stay Law presents for our de
clslon the question OF the constitutionay of act
the last session of the General Assemby-entitled "Ar
Act to provide against the sacrifice of property and tt
suspend proceedings in certain cases.. The same ques
ton raised in every decided at this term where
the judgment in the court below is affirmed by motions
for judgment, and that execution shall be issued.
Whether in the present condition of the country thu
statue be expedlent, is question of which have
~ right to Judge Our province is to give judgment
the question of the constitutional power of the Legsa
I'd ture to pass the statue.
In the discharge of this duty we are relieved by th
~ fact that question of such Importance is not pre-
sened for the first time so as to put upon US the re
n sponsbity of making decision the strength of GU
be convictions; tor find that the line has bee
to plainly marked in fact blazed out by many previou
w. adudicatiOns, that it be easily followed and a
have to do, is to make applications of we'll e;
On tablished principles.
The right and the duty of this court to give iude
nd ment the constitutional power of the Legislature
90 making statutes, is established by so many elaborate
opinions of this court end of the Supreme Court Of tn
he United States and of sister States as to make
further discussion or citation of authorities useles
bv attempt at display of learning tina
~ question to be settled
~ Our opinion u.s. that the statute under consideration
IL so far as 1t opposes the right of the plaintiff to jude
tn ment in the court below the motions for iudgmer
in this court and for execution void and of no eec
because is n violation of the Constitution of the Tn
IL ted States, and of the Constitution of the Confedera
States, which, in this respect is the same and also
las the Constitution of this State.
lst 1t is patent by the face of the statute that
ed does impair the obligation of contracts This is
~ tied Jones Us. Crittenden, Car. Law Rept, 49,
In that case the argument is exhausted and we chi
DIV add we concur in it."
all It is suggested that this case dstinguishabe on II
ground that when the statute in question was passed
Tod country in state Of established revolution or in
state of" contemplated revolution in reference to wLc
Legislature acted which revolution has been carrie
lat out and consummaed by subsequent ordinance of til
nd Convention by force OF which all acts done in reerent
to- and in anticipation Of the revolution are ratified an
Lilo confirmed incidents thereto
vo This proposition however much weight it NAV be e,
titled to IN political forum, cannot, by reason of il
ny generality, be appreciated by legal tribunal, and
y mind accustomed to the investigation of questions
in Law, grasps at it, as at shadow" But to avoid
complication OF our question pass the legal d
iculty of the maxim " that which is void cannot
confirmed and let be admitted that on the Goth
May, when the ordinance of the Convention by whic
this State was withdrawn from the government of tt
lev United States went into effect the statue under col
sderation was in full force and effect so far as restr
lions by the Constitution of the United States wei
concerned in the manner and to the same exer
as If the State of North Carolina had never been
rp member OF or in any way connected with the Cover
ment OF the United States to bring up the make
" question, what the legal effect of the ordinane
adopting the Constitution of the provisional govern
is of the Confederate States made on the same da
is some few hours after the ordinance above referre
ue onan+ passed oy which the pc