Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1862-01-23
JANUARY THE l4rH, lse9

JANUARY THE l4TH, lsg2
MEssns FULTON & PR1oB-
ton and sxtes bnsa caled arrests atlen
praying it's repeal reach the Convention sketch FINS
arguments for and against the first, passed in 1872 With
suggest, will baby be interesting "reminiscences ~
the past The main points in speech its most form
dable opponent viii only be noticed His great ability me-
cuiar wit and sarcasm made impression on oil
isng between creditor and debtor he turned to the exc
cuon law as the only remedy to enforce payment case
ed the h on he de6oT ed %saks
obgaon OF contracts prohibited by the Federal Constu
punctuality common, such suspension the Bill 70
CURED would be impotic; that want of confidence and
friends of the Bill turned to the law staying executions on
judgments given by Justices of the Peace emb0dyng ALI
Inc OF me s sney That stay
equally so before higher 1t commended, that when
pugnant to common it impaired the OBLIGATION
OF contracts and if The debt unsafe BEFORE was
in the conae Wb H @ a m Ge erred
mmutable until aud after The debt collected. The
contracting parties dVduals each takes him
SELF but has over that sovereignty from which
courts OF justice judgments and executions te Of
looks law ofaure to pay as his only RENE
oy He commences suit in the County Court but before
judgment obtained the Legislature, has often been
DONE does away jury trials and reduces to court Of
probate Here delay where he could bring suit quar-
annuay the Superior Cour If delay weake6s the
hold the creditor had the debtor and thereby mpais
ODgal0n OF contract, mere presents lLse
and yet is held constitutional The entire court system
is pregnant with delay the offspring of power but take the
Gn seeu b ne an for
and the ether is not to me is impercepble 1t equally
SO to say that the delays in our courts OF appeals
equally franght with suspension as the Stay Law
striking instance given copy it from the Revised Stat
utes:
mo Executor or Administrator shall be bound or COM
PEELED to plead original suit brought against him
any Cout until the expiration of niue calender monhsrom
and after his taking upon himself the Office of Executor
Administrator"
Here is suspension o. all pleas for nine calender months
the action of the Court entirely stopped security
CURED Why this act constitutional ami the suspension
law not, exceeds my ability discover The deferred
pleas conservative giving time to collect assets to be
found, and convert them into money exhibiting striking
gy 70 the suspension law 10 prevent undue ana rum
sacrifices when industry economy aud the greatest self
DENIAL stimulated by high sense of honor, all fail TO
Die the debtor to make payments 1t has been said by
able lawy that the act copied above is general law
prospective IN It's on aud thereby free from all
stuonal objections. also retrospective Bonds for
debt executed before its enactment the obgor dies
suits are ought against his Executor Administ ator,
either above enter pleas equally with
those who sed on Bonds executed after its pas age
said the debtor the slave of the creditor the tier
IN Turn Is alo often debtor The suspension law ds
pensable to BOTH the masses, from the deadly
grasp Of the money holder. Other paramount consd
tOus present themselves in favor of the suspension Jaw
that every man able to bear arms, not in is
under drill, ready Shen called to meet invading foe
whose avowed object conquer take AL we possess
sparng neither age from -auts shocking for
recital when labor is without tS reward, the COnedrate
and State goveT nments justly requiring every dOar that
be raised to defend fe liberty property all that
ID uear 10 is lnS the Gme TO ful the
execution law nest soemnly aver, think not Juuus
charged Lord Mansfield with chancersng common law
whilst his luminous mind only dispensed with echuca
ties IN bis way OF administering Justice TIE Supreme
Court pronounced the second stay law unconstutio0
al yielding to prece1ens. Precedeus like eve ytning
else, should give Way TO crcumstan when Lot in,
| compatible with principle: Deeply do l regret this
of harmony in the legislative aud dica departments
Far DE from me to detract from our judiciary Eq al to
surpassed by In contemplating their hgl char.
aeter their intense laoo have but one regetthat they
are net better paid 1t is laid down axiom an BILE
writer the Brit sh constitution, that civil polite and
rights exist in fu force not expressly taken away
The creditor holds the bond OF the debtor 1t il hi
rotary in the hands of his attorney. ia beyond the
reach OF the Legislature or any department of the Govern
meht they can neither annul or can>e IT, Eminent domain
the highest attribute OF sovereignty take from the
legal holder nor expunge by drawIog black lines
across it: Neither Can they impair aiken it,
but the Legislature, the Organization OF Courts multi
plying or essenng their Sessions extending contracting
their uisdcton can either hasten delay collection hea
put in suit. In all questions involving and difficult
ties light is often obtained by consulting the opinions OF
the ATTEST men ellced by complication of evils easily
overcome 1t is thus turn the Funding System en-.
bodied IN report and accompanying Bill Cf General
Hamilton, Secretary OF the Treasury submitted the
House OF Representatives in January 1890 In this report
he recommended the ment in full of the certificates
to the Soldiers for their services whether in their hands
that OF the purchaser 1t known pressing wei their
wants that they compelled sell them
| sacrhce they were negotiable. Mr. Madison ofe ed
amendment to give to the purchaser the highest market
price at the time Of purchase of tie Certificates the
residue to the Soldiers, the original holders This pro-
duced an animated debate and great display of elo,
quence The report to avoid overstraning the faculties
OF the NatoD and disappointment in pa ment propose
choice of several plans Either to fund the whole at four
per cent or twothrds at six per the other third to
be paid in public lands deferred altogether without inter
est for ten years. These historical facts afford evidence
Of both suspension and dire and positive ference with
the rights of the purchasers of the certificates behalf OF
the poor Soldiers who got little for them The advo
eating the TO mer the other the latter It should be
ected that the Federal Constitution
their labor than most Others Is it enable to suppose
that they meant when they said the State shall pass any
law 1mpairng the obligation of contracts" that the
Was thereby prevented from passing laws either Fastening
or delaying the collection Of debts 1t admitted
they as members of Congress- restrained by
Clause O 'ne et who
of inconsistency of denying to the States they
advocated, or of Withholding from tire weaker. what the
stronger required: The law requires impossbiles Of
none 1t regards the weakness and raie OF humanity
exacts nothing beyound the reach of human ken. ask
then II is not morally impossible pay debts when
resources are ali dried up, when millions for Defence
but not cent for tribute the order day. The Leg
sature has authorized Bank suspension the result
cessity justly and without ota of complaint
cesslty begin and end heref 1t pervades the land in pc
cuniay point of view 1t enters the household and Utmost
reeesSes, Of large majority of people, Suspension Of
the Execution Law ruin the inevitable Consequence
have departed from the advice Of ancient critic
eminent ability, in selecting subject exceeding my ability
hence, without apology, commit it ADLER hands-the
Editors of the Wilmington Journal.
| Most respectfully, your obedieRt servant,
| CAPE FEAR.