Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-09-09

of the indefiniteness of the possible stay,
and of the subversion of the authority of
the Courts over judgments upon their re-
cords From the ruling in that case and
the authorities cited, if may be inferred
that, in respect TO contracts which do not
treat of remedies, we hold any law to be
constitutional which gives a stay for a
time that is definite and not unreasonable,
but unconstitutional if the stay be for an
indefinite time, or for time that is un-
reasonable, though definite
"We have seen that the stay given BY
the act of 1861 was not indefinite rs TO
its maximum duration, but was for Il
period certain and prefixed, or, at the least,
a period that is capable of being easily
reduced TO certainty. Was that period
reasonable The stay is a long one, it
must be confcssed-longer than is usual
longer than can be justified, except by
/ most peculiar and pressing circumstances
There is great force in the reasons which
the learned judge below urged against it.
The enforced delay of a civil right. the
deterioration Of the mortgaged estate, and
the consequent pecuniary loss are entitled
to great consideration in iudaing of the
reasonablcness OF the law Everybody
I feels that a stay of remedies on a mort
gage for fifty years. for instance would
be wanton sacrifice of the constitutional
rights OF the citizen. What better is a
! stay for Il less time if it be long enough
/ to work essential depreciation of the Sc
curity?
Yet it is impossible to separate this
.,f,- IL
circumstances in which the country found
itself at the date of the law. Eleven
States had seeded or revolted drom the
/ Federal Union, and had set up an indie
pendent Government within the iurisdic-
ton of the Constitution of the United
! States, and armed possession had been
taken of forts, arsenais. custom houses,
navy yards, and other property OF the
United States within the boundaries of the
reyolted States. In the judgment of the
President and Congress, who were the
duly constituted authorities, the occasion
required an immense increase of the army
and navy, and the active employment of
both of these strong arms to Subdue the
rebellion and restore the Union. Accord
ingly Congress authorized the President
I
States for their militia. lie did both.
and a vast army has been in the field for
many months.
- Now. if a stay of execution for three
years would not be tolerated in ordinary
times, did not these circumstances consti-
tute an emergency that justified the push
ing OF legislation TO the EXTREMIST limit OF
the Constitution No citizen could be-
blamed for volunteering. He was in
vokcd to do so by appeals as strong as his
, love OF country. In the nature of things
, there is nothing unreasonable in excmp-
, ting soldiers property from execution
. whilst he Is absent from home battling for
, the supremacy of the Constitution ara
the integrity of the Union. And when
he has not run before he was sent, but
: has yielded himself up to the call of his
country, his sclf-sacriiicing patriotism
i. pleads. trumpct-tongued, for all the IL
diligence from his creditors which tlr
/ Legislature have power TO grant. If In,
e term of indulgenc seem long in this IN
: stance. ii was not longer than the time e.
which the President and Congress &c
= manded the soldiers services 1t wa.
y not for him, nor is it for us, TO reiudg,
: the discretion of the President and Con
= gress in this regard. Basing ourselves o.
V what they did, constitutionally, the ques
: ton for Us IL, whether the stay granted b
4 our own Legislature 10 cur citizen soldier
i was unreasonable. In view of the extra
n ordinary circumstances of the case, "
in cannot pronounce it unreasonable W
\, sec III /, no wantoH OF careless disrecar
II ot .he obligation OF contracts, but only
D. sincere effort To enable the general G.,
ii Vcrnmcnt 10 prosecute with success W,
IS which, in lis exclusive right of Judgment
nj it resolved TO wage.
he = Another Circumstance which bca
n on the rcasonablcncss of the enactment
v the provision which su>pcnds all statut
r. of limitation in favor of the soldier duril
he all the time that he is exempted from pr
ali cess The provisions were reciprocal M
Is. both were reasonable