Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-02-27
s REMARKS OF MIR. wINsTEAD,
OF PERSON.

= + :
OF PERSON. ss91 4
The bill to alter the Jurisdiction Of the courts Of
the State and rules Of pleading for the relief of the
people, being under consideration in the Senate
Mr. WNsrEAD 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 rs has
been wei! said upon this floor, governed too much.
But notwithstanding my rule of action is to oppose
changes generally, think on account Of the peril
Gus condition Of the country, and the embarrass-
ment that is likely to grow out of the present OK
citement we 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 We have
had pass through since the days of the Revolution
We are not prepared for the troubles that are upon
us, because we had not expected them. For the
last year we have had time of plenty; we have
been prosperous beyond the expectations Of the
most sangune we have been blessed with album
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 engenaered extrav-
agant habits, and are 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 sectionazed. Prop
erty in consequence Of all this, has greatly depre
ciated in the markets. And when We ask the cause
of these troubles, hastily, on the one hand,
pointed to the aggressions of the Black Republican
party of the North, being responsible for all the
evils that are now upon the country. On the other
hand, are told that the secessionsts and precip-
tators i'm 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 thing is certain,
we have fallen upon evil times. We must legslate,
sir, to meet things they are, and not We would
have them to be- We had twelve months ago. the
greatest country the sun ever shone upon the hap
pest people, living under the best government known
to the civilized world, and We had right to think
that no evil awaited US in the future. 10 us there
appeared to be good cause why the future should
not be as prosperous and as bright as the past But
we have been disappointed, and our fondest hopes
have all been b!ighted.
We have lived.to 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 I am satisfied it did give relief to the
banks, am equally as well satisfied that it did not
to the people. And having failed to give this relief
| am now ready to vote 20 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 10 vote for the one
reported upon by the committee, and now under
consideration, unless it is in many particulars
amended. l am unwilling to vote for q bill which
virtually abolisheS the County Courts-one to give
hafees 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 rs think,
virtually abolishes 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 on SUNS
exceeding fifty dollars and under hundred to be
commenced in the Superior Courts. Sums Of this
kind be readily collected before justice Of
the peace, and at much smaller cost If the
object is to benefit the debtors and that is the
object then am 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 high for their relief when they can have it
by continuing the jurisdiction of magistrates
The second section provides that officers shall
receive only haffees in certain 1t does seem
to that there is necessity for change of this
snrt. Their fees have been fixed for n long time,
and are not higher than they ought to be. They
are 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 now but at the
second, or the term afterwards. That bail bonds
shall be taken accordingly. Thus debtors have q
'telay of twelve months before judgment can be
had against them. And while I am willing and
anxious, no man more So for them to have this in
diligence and delay, l am not willing that they
| should have it in the manner proposed l am moi
contract other debts waste their property, and in
this way cause their first creditors to lose theil
| money
To my mind, they have no right to expect this
without the consent Of the creditor. The law die
not give this delay when the credit given, and
when the contract was made. Has this Legislature
then the power change the relation of the parties
in this particular, soithout their consent? Dc
We not by this, change the agreement? II we car
do this, and go on and do it. will We not destroy
confidence in business Transactions? II we.legisats
in this way, will We not fail to give the reefsought
If destroy the confidence which is the fou 1datlor
Of the credit system, between creditor and debtor
all relief to the latter will he gone care not how
much we may legslate-if confidence is destroyed
relief is not found. When it is known that this de
lay is to be given prior agreements, we greatly
fear that many debtors will not be able to get credi
at all. If he does, he will have to pay ruinou
price for it. The creditor will now, as he Away!
does, pay for the risk. And the greater the risk
the greater the pay out Of the debtor. The mer
chant, who understands al this, will add to tn
price of his goods this risk, for he knows
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 differences Long credits are runou
to the debtor at any tme for the that he pay
j l. 4 Asre -hsca.s Ii