Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-11-02
The Sfaassfo..
REVIEW OF TIE Say y. y. W.,


$ This law. which is so great stranger TO our
statute books and to- which the people are SO little
used; which proposes so radically to change that
etnode of administering Justice, which, IN all Its man
and essential features. used ny our tnreiathers
before the Revolution, and by them was most SOL
,emnly and deliberately resisel amentsd ani per-
ected within four months after the formation OF the
fState Constitution Halifax by the very first leg
islatlyc Assem- bly, which sat under it and has
continued ever since to be mode through nearly
a century, demands for public consideration more
examination and discussion than have been be-
slowed upon it. That the people, whose rights are
so deeply affected by this new law, may see some OF
the great fundamental changes in the legislative and
Sdieal guarantees of their rights propose TO pre-
Setit brief analysis and review OF it. with some IL
illustrative examples ofis operations, Some, say,
because in my Judgment dozen years would not
suffice to develop all its inroads upon the long es
tabIished laws and nsages of the people, and their
most cherished and best protected civil rights
MANY of them doubt not were neither loreSeen nor
intended by those who favored the law. shall not
discuss its cunsttutionality, but consider it merely
as a system of policy: Section first provides
THAT toe several Superior Courts oflaw shall have
exclusive original jurisdiction to hear, try and deter
mine all causes of CIVIL nature whatever ut the COM
mon law, which may require the intervention OF
jury"
asIf this section stood alone it night be maintained
with great force of argument that it coniers exctu-
sive jurisdiction on the Superior Courts IN every
matter of contract however smal-sx pence as vel!
as six thousand dollars. And explained as 1t Is by
section IT, which enacts that none of the pro-
visions OF this act shalt apply to the collection Of
tereSt on any contract &C., and by section TO- that
thereafter az civil warrants issued by Justices of
the Peace shall be made returnabe for trial twelve
months after date, the true construction WILL per-
haps lie iii the conclusion that in all suits upon
debts and deurnrls except for the recovery OF in
lerest, the Superior Courts and Justices of the
Peace have concurrent jurisdiction. But, If this
were So the change though very great the evil is
SO small compared with those other evils which the
at brings into existence, that should consume the
readers time very much amlSS, If | were to invite
him Ia consider it although the costs Of most suits
IN that Court would far exceed the sum sued for
The second Secrnn Of this law provides
That there shall Ge but term of the said SUI
perior Courts Of law and equity, opened and held in
each of the counties of the State in each year. which
snail be holden the times and places now required
bv law for holding the Fall term of said court and
all laws requiring the holding Of the Spring term of
said courts are hereby repealed"
The obvious purpose of this provision is to excuse
tie debtor frou fulfilling his obligation TO pay
money But, greatly demOrazing in this
,ect must necessarily be its effect it is still more
vicious in its effects upon public order-uDOn the
liberty of the citizen, and his personal security up
on the safety of his home and his property in his
actual possession, whether in lands, slaves, or
other estate. They fatal to public order. No
maxim among law, girers is better established, than
that speedy TRIALS and punshments for crimes are
the best for public order Delays of justice
invites violence and crime Of every grade. 1t is true
the County Court is open for the trial of the smaller
miSdemeanorS, but large number of crimes is cog
ulzable only in the Superior Courts The times
naturally enough multiply criminals who prey
society; and when society finds the arm of the law
uerreeSs paralyzed by long delay, it is sure, in
selfdefence to organize irregular tribunals, which
punish by lawleSs trials and unmeaSured revenge.
If in the outset it should, in obedience to long
cherished veneration for the law, await with pa
tience the slow coming of the Court, it will be
doomed to disappointment for, when finally the
long delayed Court arrives the week is too short to
dispose Of the cases, and trifing to
POSTPONE the trial The criminal Is sent forth again
to his depredations and trsmples with impunity on
the PROSTATE law If the offence charged is capital
and admits not of bail the suspected man, innocent
though he be- is confined to a dungeon .or twelve |
months before he can demand a trial-and even |
then there may not be time to try him, the State
NAV continue the case and he is doomed to suffer !
another twelve months in the dungeon. And as to
the civil sutton, who seeks to the price of
his land his slave, or his horse, which in the !
use and possession of the defendant what chance
has he to be heard with docket loaded down with |
criminal prosecutions and all the civil suits of |
county, containing twenty. thousand people? 1t !
holding with force your very home, into which he /
has slipped i'll your absence; he may have seized .
yoar slaves with strong hand aud still holds them
IN lawleSs defiance of the clearest right. He may
have assaulted and disabled your person, whose on
ly estate was your labor and that labor the support
.'f wife,snd children; he may have murdcrously |
slain the husband and father of helpless wife aud
infant orphans, and damages be sought for the out
rage !; he may have slandered poor and virtuous
female. Yetagainst the cries ofjustice for any and
all these wrongs, this act has shut up the Courts
an order 10 screen a debtor frOne paying his just
debts! eau virtue, honor religion true courage
long dwell in land where private rights are so scorn-
eed and personal security utterly abandoned? fla
die possessed Of competent living for his wife
and children the executor administrator is sworn
20. sell the property a credit and to take the bid
of him who gives the best price; and he is driven
TO a Twelve month Superior { curt as his only
chsaee to get the money. This act covers the
Stued attempt Of the buyer IT, cvade his Just obi
CATION, and leaves the widow and orphans without
bread Is it wonder with any man of sense that
with such temptations and encouragement to delay
payment, every man should put away his money,
and button his pocket against every application for
1nat,s The banks will answer this: question:
Within few months, the deposits of one of the
hanks in this State have increased from $500 900
to Si,S00000 Such will be the answer of all the |
banks, More money within few months past has
been issued and sent forth, than has been for many
years before, and yet returns rapidly it went
out. The stay law has stagnated all circulation in
payment of debts and, destroyed all commerce ex-
cept for cash and money is ruled by the adage,
get what you can, and keep what you get"
Section third provides
''That all actions brought in the said Superior
Courts of law and equity the defendants shall not be
compelled to plead thereto for twelve months from !
the return term"
go 1t is certain that the extended time for pleading
was not given to defend but to delay the right; |
not the better to administer justice, but to eUade
Thy openly preventing the very forms adopted by |
all civilized people to enforce it For nearly CEN
fury, legislation every where has been engaged in |
freeing Justice from the bubbles of pleading This
act resorts to the condemned quibbe for the mere
purpose Of delay. Without reckoning the chances