Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-11-30
or the Standard.
THE STAY LAW.

THE STAY LAW.
Mr. HoLpEN Much has been said and written
recently the subject of the Stay-law, and per-
haps your readers are becoming tired of the sub
ject-but STILL / hope you will indulge me with
brief space in your columns, for the purpose Of
urging upon the Convention the necessity of repeal
ing that Obnori0us and unconstitutional statute
The constitutional question involved, well as the
practical workings of the act have already been so
fully discussed in communication copied into the
Standard from the Fayetteville Observer and by
your own correspondent "Davie," that do not
deem it necessary to go into those questions No
one who has attentively read those articles, can
doubt for moment that said law is not only plain
and pdlpa6Le violation of the Constitution of the
Confederate States, but that in its practical work.
ings it will prove very mschievous, and do almost
as much harm to the material interests of North
Carolina as the ITSELF unless it be speedily re-
pealed. -. ~ srsz-f
The question now is, how are we to get rid of
this mischieyous and unconstitutional statute? |
answer, let the Convention repeal it Immediately.
| know that the power of The Convention to legis-
late has been called into question by some, in their
estimation, great jurists especially by certain
jurists in the Legislature; but trust the Conven-
ton will pursue the even tenor Of its way, and not
suffer itself to be moved from its equilibrium, by
the dictums of those men, however great and wise
they may be, in their own conceit.
The Conventions of 1875 and 1885 are the foun-
ceding Legislatures have been derived, and on the
validity Of the votes of the present Convention will
depend the validity Of at least of the statutes
of future Legislatures of the State Can the stream
rise higher than its sourcei Is it not absurd to
say that the Convention is clothed with sovereign
powers-that it is supreme in the State, and yet
nullity Legislature for the highest of all purpo
SEES, and yet Legislature for the humblest of pur
poses; competent to change the relations of the
State to other governments, to dissolve its
ton with the government Of the United States, and
attach it to the government of the Confederate
States; to change the land marks of the Constitu-
tion and yet not competent to pass the trivial
act for the repeal Oft statlte the erection of
toll-bridge. But | am DEPRESSING
There is no necessity of making an argument to
convince any member Of the Convention that they
possess legislative power. But, while l entertain
doubt of the power of the Convention to legis-
late, think those powers should be sparingly ex-
ercised, and used in case where there is not
an urgent necessity for their use | shall now at
tempt to show that such presents itself to the
Convention in the Stay law" | remarked in the
outset that no person who had carefully read your
former correspondents, could doubt for a moment
that the Stay.law is both unconstitutional and in
furious in its practical operation but there is an
other great reason why that law should not be per-
mtted to remain on our Statute books. We
now in the midst of great revolution. We have
Te6eLed against the government of the United States
and declared independence of it. And what
are the causes which lmpelled uS-at least the
seryatve portion of the people of North Carolina
to the separation? Is 1t not because that govern
ment has violated and tramped upon the Constitu-
ton which il was under solemn obligations to sup
port. | am sure that every candid man will answer
this question in the affirmative. brave ard high
minded people, who have reEOited from govern
ment and Set up another upon such pretext ought
surely to pay high and pHRctitt0us regard to their
own Constitutions hOth ,Stufe and IOD fe1sr1fe
This, am sorry to say, has not been done by the
Legislature. AT its first extra session in May, it
passed StaY-law, which at the June term of the
Supreme Court declared by that august tribu-
nal, to be in violation of the Constitution beth of
the State and of the Confederate States. That one
would think, should have been the end of the mat.
ter hut, instead of that, when it assembled again
in August it proceeded to enact law under aROth-
er title which, in fact, re-enacted erery principle
which had been decided to be unconstitutional in
the former. They also proceeded in the face of
clause of the Constitution of the Confederate States
which says q that the Senators to the permanent
Congress shall be elected at the first regular
of the Legislatures of the several States which
meets before the assembling of said Congress" to
elect them at extra session. 1t is true they say
that they were empowered to do so by an act of
the Confederate Congress at Richmond. But what
is that to the purpose Can the Confederate Con-
greSS, which is itself bound by the Constitution,
authorize a State Legislature to violate it Nor did
it stop here. The House of Commons, as if to show
its supreme contempt for all Constitutions actually
(shall say iD elected to succeed the up
right, honest and accomplished Dortch, tchO had
right to seat in that body. The 9th section of
our State Constitution is as follows: THAT no Off
Ger in the regular army or navy, in the service
pay of the United States of this any other State
any contractor or agent for supplying such army
navy with clothing provisions shall have seat
in either the Senate, House of Commons, or COun-
Gil Of State, or be eligible thereto and any member
of the Senate House of Commons, or Council of
State, being appointed to and accepting Of such
Office, shall thereby Udcdte his seat" Yet, the
House elected Mr.. Fleming Speaker, after he had
been appointed TO and accepted Of the Office of
Paymaster to Col. Stokes, 1st Reg't. of the N. c.
regular army, or State troops Are not these things
a reproach to North Carolna-good old Constitu-
ton loving North Carolna-or to her Legislature
But am proud to say that the Convention has thus
far, as have doubt it will continue to do, paid
the most punctious respect to the Constitution of
the Confederate States; having at its former ses-
sion set precedent, which hope it will follow
this occasion, by repeating the law authorsing the
issue of Treasury notes because it in violation
of the PROVISIONAL Constitution of the Confederate
States After that can hardly permit myself to
doubt that it will repeal the present Staylaw, which
is DELIBERATE, patpdble and dangerous" viola
ton of the permanent well the provisional
Constitution; deliberate, | say, for it engaged the
attention Of the Legislature of a committee
that subject for almost the entire session, and be-
sides passed in the face of former decision of
the Supreme Court against its leading principles
palpable, say, because it was admitted by its
friends, notwithstanding its title to be law I'M
pairing the obligation of contracts" by releasing
the debtor from paying his debts at the time he
contracted with his creditor to do so dangerous,
say, because all violations of the Constitution are
dangerous to liberty.
And now, let the State of North Carolina arise in
her majesty, and through her Convention cast off
this, the foulest reproach upon her good name, by
repeating the act and she will receive from all her
liberty loving their gratitude and admiration,
besides elevatng herself in the estimation of her
e;o, o.. n