Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-02-27
REMARKS OF MIR. w1NsTEAp,
OF PERSON.

Mr.. WINsTEAD said: Mr.. Speaker, am no advo-
cate generally for changes in our judiciary system;
do not believe we realize the good that is often
anticipated by the friends of them am inclined to
the opinion we have already too many laws, and am
satisfied we change them too often We are, as has
been well said upon this floor, governed too much.
But notwithstanding my rule OF action is to oppose
changes generally, think account of the peril
Gus condition Of the country, and the embarrass-
ment that is likely to grow out of the present ex-
element ought to make some changes to give
relief to the people. 1t will be conceded on all
hands that these are the most trying times have
had to pass through since the days of the Revolution.
We not prepared for the troubles that are upon
us, because had not expected them. For the
last year we have had a time Of plenty; we have
been prosperous beyond the expectations of the
most sanguine; we have been blessed with abun-
dant crops of every kind, and they have been ready
sale in the market at remunerative prices. Being
thus prosperous, many Of our people have been en-
couraged to buy property, even at high prices and
are now largely in debt. And while many are in
debt for property bought others, account Of the
prosperity of the country, have engendered extrav
agant habits, and embarrassed on this account.
And while these things are true it is nevertheless
true, that great change has come over the affairs
of our common country in the last eight months.
From united, great and prosperous people, we
have become to be divided and sectionalized. Prop
erty in consequence of all this, has greatly dcpre-
ciated in the markets. And when we ask the cause
Of these troubles, are hastily on the one hand,
pointed to the aggressons of the Black Republican
party of the North being responsible for all the
evils that are now upon the country. On the other
hand, told that the secesSioniss and precip-
itators in the South have contributed largely to
bring about the present difficulties. Whether the
Black Republican at the North, and the restless
politician at the South, combined have not brought
about these troubles is question not necessary for
us, at this time, to determine. Let the cause have
originated where it may, this one thing is certain,
we have fallen upon evil times. We must legiSate,
sir, to meet things as they are and not would
have them to be- We had twelve months ago, the
greatest country the ever Shone upon the hap
peS people, living under the best government known
TO the civilized world, and we had right to think
that evil awaited us in the future. TO us there
appeared to be good cause why the future should
not be as prosperous and rs bright the past But
we have been disappointed, and our fondest hopes
have all been b!ighted.
We have lived to see the best government ever
devised by the wit of man dissolved. This too has
come upon us in the midst of our greatest pros
perity-hence the necessity Of this relief
1t is known that early in the Session. in hot haste,
passed bill for the relief Of the banks and the
people voted for the BILL believing honestly that
it would give the relief anticipated by its friends
And which | am satisfied it did give relief to the
banks, am equally well satisfied that it did not
| am now ready TO vote 10 repeal it.
And while am perhaps more anxious than any
Senator upon this floor to vote for bill to relieve
the people, do not feel willing TO vote for the
reported upon by the committee, and now under
consideration, unless it is in many particulars
amended. am unwilling to vote for bill which
virtually abolisheS the County CourtS-one to give
hafces to officers in certain caseS-one to destroy
confidence which is the foundation of the credit
system.
The first section of this BILL not only as l think,
virtually abolshes the trial Of jury causes in the
County Courts, but it increases the jurisdiction of
the Superior Courts by requiring all actions for the
recovery Of money on all sums exceeding fifty dol
lars, to be commenced IN the Supreme Courts This
court has not heretofore had original jurisdiction
over sums of this sort, and if they reached that
court at all it had to be done by appeal 1t is in
my opinion bad policy to require actions sums
exceeding fifty dollars and under one hundred to be
commenced in the Superior Courts. Sums of this
Kind can be readily collected before justice OF
the peace, and at much smaller cost. IL the
object is to benefit the debtors, and that is the
object then unwilling to force them into court
in small sums where they will be taxed with heavy
bills Of cost | am unwilling for small debtors to
pay so high for their relief when they can have it
by continuing the jurisdiction of magistrates now
The second section provides that officers shall
receive only hafees in certain cases. 1t does seem
sort Their fees have been fixed for n long time
and are not higher than they ought to be. They
in many instances where they able to collect
their full fees, but poorly paid.
In the third section It is provided that the pleas
to actions for the recovery of money should be
entered, not at the return term as now but at the
second the term afterwards That bail bonds
shall be taken accordingly. Thus debtors have a
deLay of twelve months before judgment be
had against them. And while | am willing aud
anxious, no man more so, for them to have this in
diligence and delay, am not willing that they
should have it in the manner proposed am not
satisfied that they should have twelve months to
contract other debts, waste their property, and in
this way cause their first creditors to lose their
money.
To my mind, they have no right to expect thi
without the consent of the creditor. The law di
not give this delay, when the credit vas given, an
when the contract was made. Has this Legislator
then the power to change the relation of the parties
even in this particular, 1cithout their consent? ID
we not by this, change the agreement? If We ca
do this and go on and do it, will we not destro
confidence in business transactions? II we legslai
in this way will not fail to give the relefsousht
If we destroy the confidence which is the fouldatIo
of the credit system, between creditor and debto'
all relief to the latter will be gone. care not no
much we may legislate-if confidence is destroye
relief is not found. When it is known that this d.
lay is to be given on prior agreements we great
fear that many debtors will not be able to get cred
at all. If he does, he will have to pay runo'
price for it. The creditor will now, as he alwal
does, pay for the risk. And the greater the ris
the greater the pay out of the debtor. The me
chant who understands al this, will add to Il
price of his goods cover this risk, for he know:
if the worst comes he will not be able to collect
in former days. Men who trade, know that the
always buy cheaper for the cash than on time
Who is it in times like these, that will not make
considerable differencef Long credits ruinou
to the debtor at any tme for the reason that he pay
too much for them. As | have before stated, tn
debtor has no right to expect this delay without tn
consent of the creditor. If We give it to him, We
WILL my opinion do it at the sacrifice of the rights
of the creditor. We make him dissatisfied, and to
this extent we weaken public confidence. | have
proposed, by my amendment, to continue, as
think this confidence so essential between creditor