Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-01-29
For tie STANDARD
THE STAY LAW.

Mr.. EDITOR: Much has been justly said in cen
demnation Of the practical workings and effects of
the act passed by the Legislature at It's lac extra
session, known as the Stay Law" 1t cannot be
denied that it has already caused much evil, and
this will continue until it is rrpcaled-ii, indeed
rc:'ea! OF 1t viii put end to its bancul cecs.-
Under lis PROVISIONS the person charged witt, cap
ital crimes cannot by p~silHty have the s},5oly
trial g""'"niie1 hy the Constitution, all he is COM
PEELED to iinger IN prison anu probably die before
trial can be had. Cases now east in the State,
where persons charged with crimes mv.t lie in pris
on at least twelve moaihS and pG>Sb'y -rr0baJiy
two years. This is certainly fragrant, oppressive
and cruel violation Of constitutional right The
creditor has possible means of sccYring his debt
much less of c0t!cctiAg it, within 'soH0bte time
Indeed, a dishonest debtor may have thousands of
dollars IN his pocket, and successfully defy needy
creditor, who is refused ky }ato the means of
securing his debt. More than t!iiS-this act cuts
oil the administration of criminal ard civil Justice
within reasonable time, where t0rts have been
committed by one person upon the person or prop
erty of another, and where the possession of bonds
is unjusty detained. All this leads directly to dis
astroas consequences, not only to individuals, but
also to the public peace and good order of society.
Only yesterday, man refused to pay his hotel bill
upon the ground that the collection Of it could not
be forced by law wcreupon the creditor iclled the
party to the ground with his fist and forced him
by personal violence to pay the debt. This affair
gives rise TO a criminal prosecution same dry, and
possibly to civil suit for damages. Last week,
ore party wen; and torciJly cjected q man and his
family from house and premises, the possession of
which was unju>ty detained and refused upon the
ground that the remedy distGat! This gives
to three or four suits. IL an adjoining county,
the most violent outrages have been committed up
on public officer for simply doing his duty under
the act. These offences not isolated and few in
number-they are frequent, and give cause for
serious alarm to every good citizen. And the fear
is too well founded that this act gives such unre-
strained license to offenders against criminal and
civil Justice, that IN the end it will be extremely
difficult to restore order, harmony and due Oh
servance of the law. 1t is highly demoraizing in
its tendencies This is no triting matter, but
of the most serious Importance, whether considered
in reference its present ELECTS Or Its more remote
consequences Every one familiar with the Courts
of the State will see the delay and disorder the act
has brought about in the Courts. The statement
of facts made above not idle declarations but
stubborn facts that could be readily established to
the satisfaction of any committee that may be APP
pointed by competent authority; and 1t Is not won
derful that the people Of the State, realizing and
seeing the evils mentioned and many more, have
sent up scores of petitions to the Convention, to
peal the act and restore the administration of public
Justice. What gives rise to profound establishment
is that the Convention has not acted upon the sub
ject.
But it is not nv purpose to discuss the practical
workings of this act. They arc grevous indeed,
but much as they are to be deplored and dcpreca-
| ted, they are trfng when compared with the fla
grant and dangerous attack made in the passage of
the act, upon the Constitution Of tile State, and
coordinate J7uach Of the State Goee3masent Let
| us examine this briefly. The Constitution recogni-
yes three coordinate powers OF government, towit:
the Legislative power, the Executive power and the
supreme Judicial power; and it declares that these
ought to be forever kept separate and distinct from
! each other. Each is and was intended to aid the
other in the administration of the government and
every one to operate as check to prevent the
ci>e of undue and unauthorized power by any sin
gle department Of the government, or any two of
them combined, and especially 1t contemplated
that the supreme judicial power of the State should
operate as caeck upon the Legislature in prevent
| iny 1t from passing unconstitutional acts. 1t
intended to be of the buwarkS of public liberty.
The people. i'll the formation of their organic law,
have said in PLAIN words the Legislature shall not
pass, in the exercise of legislative power beyond
the lines marked out in the Constitution, and they
have wisely provided a coordinate branch of gov
eminent, the supreme judicial power of the State,
to declare the unauthorized acts of the Legislature
void and imperative, being in contravention of the
Constitution. This is clear from the tenor and
spirit of the Constitution well as from the long
established practice and precedents of the several
departments of the government, and especially of
the Courts Of the State Indeed, the supreme iu-
dical power of the State, by virtue of the letter of
the Constitution, its spirit-rom the nature of our
institutlons-the practice of the government IN all
its experimentation reason and necessity is as
much one of the coordinate branches of the State
government and is as Indispensable and as firmly
established. whether it be in the form of Supreme
Court, Conference Court, or a Superior Court, as
either the Executive or Legislative power of the
same This will hardly be denied. The act in
question is clearly in violation of the Constitution
in more respects than one, and especially does it
impair the obligation Of cont, acts, the purpose be.
Ing to hinder and delay the collection OF debts.
though not expressed in the Jce of the act itself
Every one understands the intention thus to be, and
besides this oil