Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-10-30

la,ing the Constitution, not to DC creacnvu =, -
Supreme Court actually reported their on a ~ uss
hinder the Sheriff from collecting taxes t.' ,s,h
afterwards amended by the insertion Oh lns .o .id
s.r,on If the act so that now, property may oe sou
to nay faxes to the State or County ana alSo ..s
r.ct !. : m tie Confederate Government AT tnese
sales II will be reputabe for Shyock or any ody else
to bid and buy-and with the stay a" M'o'.s, I
men not remarkable for punctuality, can zorro"
no money no matter what property they may nave;
The 9th section Of the act provides that IN al
cases in which judgments have heretofore been tax
en- in either the Superior or County Courts
and upon which executions have issued, it shall 'e
the duty of the Sheriff or other officer IN whose
hands such executions have been placed tor coiiec-
ton to endorse levy upon the property OF the ue'
PENDANT or defendants sufficient to satisfy the same
and return such executions, without making safe
and upon return 1t shall be the duty OF the cefH "
issue vendition exponas, or tieri acas at the e.ec
ton Of the plaintiff returnabic to that term Vi te
succeeding Court which is held u months from the
teste of such vendtioni cxponas, eri facias AMI
that all alias executions upon judgments heretofore
taken shall be returnable in like manner.
This section plainly mpairs the validity OF a con-
tract and no court hesitate to declare 1t uncon-
stitutional But even if it were constitutional 1t
will not give the relief intended. 1t was intended
give the defendant in executions which hau issued
the time the act passed. IL more months alter tue
chattel property meant seizure by the sheriff. by
thus act suppose the sheriff is not to take the prop
erty levied on into his possession. He can't take
bond with security for the forthcoming OF the prop
ertv because lie can't with the ii. ia. now IN MS
hands, under this law fix the day of SALE sup
pose the construction will be that he is to endorse
levy on horse other chattel as he heretofore
levied on land leaving the property in possession OF
the defendant. On the return of this levy an order
he oft
At any time during the - months, after advertise
ment the sheriff may sell-anG if the property DIS
appear, any time after the ven. expo reaches the
sherts hands, the sheriff will be liable on his oill-
cial bond. Selfprotection will compel sherittS to
sell without delay, instead of forbearing to act tor
IL months, in the mean time being in effect surety
for the defendant. The same observations apply to
alias executions and executions issued by Justices
of the Peace on existing judgments-and as to all
judgments OH which execution had issued at the
passage of the act they left out of its operation
and the plaintiff may his execution and collect
his money as heretofore. The act makes no provis-
ion to hinder sale under a deed Of trust or
mortgage.
Under the operation of this act the judges OF the
Superior Courts perform but half the services here
toto-e required of them while they receive the same
salary as heretofore In all the Counties where the
County Courts heretofore had jury for the trial of
civil suits, the whole business of six Courts is
thrown upon one term Of the Superior Court. 1t is
obvious that suit commenced after the passage
of this act could ordinarily be tried short of seven
years after its commencement.
The strenuous advocates of this bill insisted that
the polar idea which must guide all our actions,
even though it should bring in conflict with the
constitution, is the defence of the country against
our wicked and infatuated enemies that stay law
was indispensable to our defence-and ccnse-
quently military necessity This is most deltSlve
and dangerous argument. Hitherto it has been the
pride and boast of the South that we We're conduct
! ing this with strict adherence to the great rad
cal principles OF constitutional libcr,y-whilc
adverSar es, under the tyrants plea, military neces
Sity, nave suppressed the writ of habeas corpus,
muzzled the press, and in ways without number dis
regarded the great fundamental principles of free
government sacredly observed By the British
Government Let every man who would preserve
order and good government Indignantly from on
! this nonstrnus violation Of the constitution under
| LIncolns preteXt that great military necessity
| Compes us to disregard the constitution No such
necessity exists. Even stay law such as that of
1872. would derange the general business of society
The assertion OF the principle in any shape, that
the General Assembly may at its pleasure, interposc
between contracting parties and alter their contracts
deranges society, and consequently ueakens instead
of strengthening the country for military defence.
But our law is the most abomnablc invention to
make an eHectual stay law, which ever entered the
head of sane men, 1t makes large stride in the
direction of abolishing the judicial branch of the
government, and consequently annihilating civil
government; for of what use are laws, withou,
courts and judges to interpret and administer them
Two distinguished Senators, each holding lucrative
position IN the military department of the govern
ment, seriously proposed the total abolition of tho
Supreme Court, the one suggesting and the Other
actually introducing, bill for that purpose. II
Is IN substance, plan to inaugurate anarchy, &C
coriing to law.
DO the great masses of the people suppose this il
measure calculated or intended to relieve them o.
to relieve the soldiers? l have not met with one o
them so stupid as to entertain this belief. They al
know it may help the INSCRIPTIONS Spectator whit
owes to laborers and others immense sums of money
If he can postpone or defeat the payment of hi
debts, it will be convenient to him. But every poo
man knows that his credit is invaluable to him. H
knows this law destroys his credit. lie can't fail t
Ste the wisdom of those who inserted in the Const
tuition of the United States, and continued in tn
Constitution of the Confederate States, the provls
ion prohibiting the Legislature from altering tn
bargains made between man and man. The Const
tuition makes contracts to pay money as unaterabi
as the contract by which man and wife take eac
other Tor better or for worse. When man promise
to pay money at future day he makes the promis
subject to all intervening contingencies.
But it may be asked, what is the use of discussn
this question now, the General Assembly havin
adjourned, and the winter term of the Supren
Court being abolished, what earthly remedy
!, there? 1t is feared none of the circuit judges vi
have independence to disregard the act on accoul
of its palpaple unconsttutionalIty it they te
liberty to act on it in reference to mere expedienc
they may deem it best to throw the Responsible
: on the Supreme Court The best way to get rid
this runous law, is for the people in every coun
: in the State to memoriaise the Convention to r
$ peal it. Every prudent man in the State knows tn
: no i'll blood ought to be got up between the Conve
ton and the General Assembly. The people Dug
: therefore, in every county, to petition the Conye
j. ton to repeal it. Such petitions need not go in
i the reasoning. They should be short. The folio
y ing would answer.
J. "The undersigned citizens of -- County,
spectfuiy petition the Convention to meet in Ralei
# in November next to repeal the Act of the last &c
J, eral Assembly, entitled "An Act to change t
jurisdiction of the Courts and the rules of plead
d therein" generally known as the stay law