Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-07-17
The evil which the Constitution intended !, !, !.

oreor aiter the adoption OF the Const;t,t
twas lmmateral In Illustration, suppose d,rn"
|unlettered existence Of seven hours the State has
passed Law making tobacco aAsgal tender !. mad
payment Of debts After the abpt;on of u IN the
5stitution OF the Confederate States. would .e,
|have still continued to be illegal tender a oUaeco
(suredy not for the time Of the passage of ths as
WAS immaterial If all laws either oppose5 :. law
express provisions Of the Constitution then .dsne
3were to continue In operation because thew b.d
passed beforeaandall of the acts of the ca oeen
Assembly should have been subjected to r" unefa
scrutiny before the State was admitted into tSs
|federacy. A' 0on-
1t is well illustrated principle Of copstitnt.,
flaw, that upon the adoption of new Consttr.;lal
Tor an amendment of the Constitution any aua N
laws previously existing, are ipso tacto, annnlaa
|and become void so far they are opposed tn aes
conflict with the new or amended Constitution ana
the same reason that statute repeats all start'
previously enacted inconsistent with its nrov;s;a
and will revokes all former wills-or an os
from head CHARTERS countermanIs one nrev;on.f
|given, SO far as it conflicts with its meaning ANDY
|tention and obvious policy.
q. But apart from the Constitution of the n,
lfederate States we are of opinion that the satr
lin plain violation Of the Constitution of tbo sts.
ION two grounds.
lst. The declaration of rights" fixes the MI,
|cple Of free government by affirming in section p 10
Il no free man ought to be deprived of his life b.-
|ty or property, but by the law of the land" 'e''
1t is settled that by force of this section the
lature has not the power to deprive Of his herso
and give it to B. or to deprive E of his office and
lgive it to Q, or Of his debt and give it to FN;u
3other words the Legislature cannot deprive citzsn
Iot MS vested rights of property. See Hoke r.
Henderson, Dew. and the case there cited g.
no Too !.
of his debt which is vested right and mart of b
estate OF property in the broad sense in which ths
WORD is used in the section above cited INCLUDING a,
rights OF person and rights of property, either bv
sconerrlng the right on third person, or by reeas-
ing 1T to the debtor OF by taking from the creditor
the right to have judgment and execution for his
dept according to the course of the courts. Nam.
esty, II creditor is deprived of his right to have
and execution for his debt he is thereby
deprived Of his right to the debt which consists in
right to enforce payment and the ground of hone
That this disposition is not to be absolute and per
spetua, but only "unt otherwise provided bv law
(which is held out by the wording of the statute does
mot at all vary the question of power because the
Apower to deprive one of his debt for an indefinite
time is the same as the power to deprive him of it
absolutely and far the creditor is concerned il
makes no difference whether the debt be given to
third person or be released to the debtor the viola
ion of the rights of the creditor is the same, and the
power that can do the one can do the other
3D. The statute is unconstitutional because it vim
ates the 18th section of the celebration of rights
The legislative executive-supreme judicial aouers
cf government ought to be forever separate and dis
|tinct from each other -- .,--
Suppose the Legislature should pass statute that
the Governor in the recess of the General Assembly
shall not embody the militia of the county of Rowan
or shall not embody the militia of the State or shall
mot do any act Of his Office, would "the Legislative
land executive powers of the government be kent
separate and distinct from each other! Or suppose
the Legislature should pass statute, that the Su.
|preme Court Shall not give judgment and issue exc
cuton in the case of Barnes cs Barnes or shall not
Rgive judgment and issue execution in any actions
for debts due on bonds, promissory notes, &C., when
the trial of the case, in the court below the in
3struction of ajury was required, shall not give
judgment and issue executions in any suit or action
founded either on contract or tort brought before il
10y appeal from the Superior Court would the legs-
|ative and supreme judicial powers of goyernmentbe
kept separate and distinct? In other words, would
mot the assertion and exercise of this power on the
part of the Legislature destroy the independence Of
THE executive and supreme judicial powers Of the
government and subYert the government established
|by the Constitution by centering all powers in the
legislative department, and making despotism, in
stead of free government where the powers are
divided, ano given to separate departments each act
ng in its appropriate sphere check on the other?
Such, it seems to us, would be the result of the
concession Of the power assumed by the Legislature
lin the passage of the statute under consideration.
This result is not avoided by the fact that the re-
straint on the Courts is confined by the statute to
action for debts and matters of contract and that
lis not absolute, but merely until otherwise provi.
|ded by law for it is question of power. If the
Legislature hiss the power to impose this restraint
ION the Courts until otherwise provided by law, it
has the power to do 50 without the provision to re-
move the restraint when We have better times and
bit shall be easier for to pay their debts and if
1T has the power to impose this restraint on the
Courts in respect to matters of contract it has the
power to extend it to matters of tort, and then a
man who is stronger than may take away my negro
or my horse or drive me out of my house, and the
laws of my country will give me no redress because
the temple ofjusticeis closed A power to suspend
or to abolish the administration Of justice cannot
exist in free government without law and tribu-
mails to administer it There can be no government
lit is anarchy, which is worse than despotism; and
yet the power involved in the passage Of the statute
necessarily ana by logical deduction leads to that
suit H. ~ { ~ j s., q. ;Aff-5s; r.
If there be such power in the Legislature, we
are with all our boosted free institutions, infinitely
behind the monarchy Of England in respect to the
protection of rights of person and rights of pro-
|perty. Blackstone the learned commentator ON the
constitution and laws Of England in vol LIST, page
l02 says, "athird subordinate right of every Eng
ishman is that Of applying to the Courts Of justice
for the redress of injuries Since the law in England
is the supreme arbiter Of every mans life liberty
land property courts Of justice must at all times be