Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-01-25
For the Standard.
TIE STAY LAW.

Mr. EDITOR: Much has been justly said in con-
detnnation of the practical workings and effects Of
the act passed by the Legislature at its lac extra
session, known the Stay Law" Ii cannot be
denied that it has already caused much evil, and
this will continue until 1t Is repeaed-lt, indeed
repeal of 1t will put an end to its baneiul elects
Under its provlsIonS the person charged with cap
ital crimes cannot by possibility have the specify
trial guaranteed by the Constitution, and he is COM
PEELED to linger IN prison and probably die before
trial can be had Cases now exist in the State,
where persons charged with crimes muSt lie in prS-
OH at tedst twelve months, and poSSibly-prOba6ty
two years. This is certainly fragrant, oppressive
and cruel violation of constitutional right. The
creditor has possible means Of securing his debt
much less Of collecting ii, within reasonable time.
Indeed, dishonest debtor may have thousands of
dollars i'll his pocket, and successfully defy needy
creditor, who is refused By lac the means of
securing his debt. More thar thS-thS act cuts
oil the administration of criminal and civil justice
within n 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 unuSily detained. All this leads directly to dis
aStrouS consequences, not only To individuals, but
also to the public peace and good order of society.
Only yesterday, uan refused 10 pay his hotel bill
upon the ground that the collection OF it could not
Toe forced by law, whereupon the creditor feled the
party to the ground with his list, and forced him
by personal violence TO pay the debt This affair
gives rise 10 criminal prosecution some dry, and
possibly to q civil suit for damages Last week,
party went and J0rciJty cjectsd man and his
family from house and premises, the possession of
which was unjuStly detained and refused upon the
ground that the remedy was distant! This gives
rise to three or four suits. Ii. adjoining county,
the most violent outragcs have been committed up
on public officer for SIMPLY dong his duty under
the act. These offences are uut 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 10 rcStore order, harmony and a due ob-
ServaDcc OF the law. Ii is highly demoraliZing in
its tendencies. This is no trtng matter, but one
Of the most serious Importance whether considered
in reference It's present effects or its remote
consequences. Every one familiar with the Courts
OF the State will the delay and disorder the act
has brought about in the Courts. The statement
of facts made above are 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,
dcIful 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 astonishment
Is, that the Convention has not acted upon the sub
ject
IL
workings of this act. They are grieyOus, indeed
but much as they are to be depored and depreca-
ted, they triiiing when compared with the fla
grant and dangerous attack made in the passage Of
the act, upon the Constitution Of The State and q
coordinate branch IF the State Governments Let
us examine this briefly. The Constitution recogni-
yes three coordinate powers OF government, o.wt
the Legislative power the Executive power and the
supreme Judicial power; and it declares that these
ought to he 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 cheek to prevent the eSer
else OF undue and unauthorized power by any SIM
gle department of the government or any two Of
them combined, and especially was 1t contemplated
that the supreme judicial power of the State should
operate a check upon the Legislature in prevent
ing 1t from passing unconstitutional acts. 1t was
intended to be oneof the buwarks Of public liberty.
The people, in 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 ont 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 contraventicn of the
Constitution. This is clear from the tenor and
spirit OF the Constitution, well from the long
established practice and presidents OF the several
departmeI is OF the government, and especially OF
the Courts Of the State Indeed, the supreme ju-
dicial power of the State by virtue of the letter of
the Constitution, its spirit-rOm the nature Of our
insttutions-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 Superior Court as
either the Executive 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 contracts the purpose be-
ing to hinder and delay the collection Of debts,
though not expressed in the ace of the act itself
Every understands the intention thus to be- and
besides, this the arored purpose of the authors
NJ I'm ,bn In