The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-07-17

hv the nure and eminent Madison, when adj
vncatino in the Federalist the lnllbitory
clause of the federal Constitution, teven
while the sufferings of the revolution were
severely felt over the entire land) that laws
imDairino the obligation of contracts are
contrary TO the first principles of the social
compact and to every principle OF sound
legislation"
In one respect the judge may occupy
n Dositiou different from that of leg
islator, in regard to this provision OF the
constitution. The courts, we all know, are
inclined to give to every act OF Legislation
the most favorable construction; and, where
a lawful purpose can be assigned, they Will
not declare the existence of one that is I'M
lawful. 1t is possible that an act passed for
one purpose may be constitutional, and an
act in the same words, passed for another
purpose may violate the constitution. mus
if it were constitutional for congress to raaSe
recenue, but otherwise to protect naan4Tdct0rteS
from competiti0n, the same act for the former
purpose would be upheld, and for the latter,
declared void. And the title to the one OF
the other would be sufficient key to open
the legislative intent
Now if congress, with intent to protect
manufactures fsom competition, should pass
a bill laying protective duties, and entltle
the law Ian act to raise revenue they
would, in my opinion. grossly violate the
constitution and cheat the court, by false
nretences The court however. and the
legislator would incur very different respon-
sibilities the court would simply do Its
duty, and, would not violate the constltu-
ton: but the legislator would fail in his
duty, and violate the constitution. If there
fore, the true purpose of the ordinance Is to
improve the administration of the law, leav-
ing the delays of proceedings as mere secon-
diary incidents. and the legislator shall sup
mort it upan this ground, he will be excused
from the consequences but if his purpose.
in supporting it, be to allow persons TO post
pone the futilment of these contracts. then,
in my Judgment, he cannot escape the charge
of violating the constitution; and is the
more inexctisahle for his employing an uncan-
did artitice to effect his purpose.
III speaking tbHS e. the lHty q, a legislator,
IL no o.s, S!pj2<s That c,,7cc,}t ti&S ordinance
PROOF dFGiHSt j'i.!iriat attack.
turn now from considering the conStitu-
tioral question. to the police OF the law.
Here the prospect of gloomy future lies be-
fore Us. Without stay law. delegates say,
that the people will become bankrupt, ami
ne driven from their homes hy the arm vi
the law. They color the picture of distress,
with eNagccrations. till they alarm them
selves and every body who hears them.
T;cy abandon themselves 10 the fright ii
the moment, and neither hear rea>.en. nor
consult the lessons OF the past. They forget
the rights Of tue creditor: and sacrifice him
without feeling. even. Of regret. The or
phan. whose whole estate may he in Il rich
mans bond the mechanic and humble Is
borer, whose sweat may have been poured ont
on the dwellings. and fields of the wealthy
are all commanded to put their debts away
for years.
Sir. under what clause Of the constitution
shall we find greater protection provided
for one kind Of property, than Tor another.
What law of morals decides, that | am not
rs much entitled to the price OF the land [
have sold, as the purchaser is to hold the
land unpaid for. If shall have lost the
possession OF my horse by Il wrong door,
who never made me a promise to pay for it,
the ordinance allows me to pursue him with
out quarter; but. if [ shall havelet my horse
90 upon the solemn and sealed promise of a
buyer am required to reward his broken
promise by waiting until he is willing TO
pay; the open wrong is vindicated-the CO.
vert one is defended and protected.
The alarm is unnecessary, and the remedy
proposed for it is worse far. than the disease.
The kindness of men towards each other, in
the hour of Il common distress. Will afford
more relief than any stay law. The very cx-
istence of it creates alarm, produces spirit
of defiance on the part of the debtor. and
creates dstrust in the creditor. Be assured,
sir that food of suits will follow the pas
sage of the law and Il general panic will en-
sue in the race of creditors after debtors.
The ordinance, so far from being the debtors
friend, will be his worst foe.
The power to prefer one creditor over
another by deed Of trust is a better guard
against destruction than Il stay law.
The law invites those who are able to pay
to disregard their obligations. and loosens
oil no foundations nf itb hot.
man.
In whatever degree law withdraws its rem
cdies for the enforcement of contracts, to
that extent, soon, will the moral sense cease
to urge the debtor to fulfil them. Such
law will he regarded as the great cXpositor
of public sentiment, and even those who are
well able to pay, will shelter themselves I'M
der protection avowedly created, only for
the destitute and needy. Honesty will no
longer be public virtue, and it will soon
cease to be private one.
| feel amazed to see with what indifference
we throw away the conclusive lessons of his
tory. The mere introduction itself of the
inhiJitory clause INTO document, SO solemn
and sacred as the constitution of the coun-
Try, should assure us of its wisdom, and COM
mand our respect and obedience; but when
we open the pages of history cotemporaneous
with the period which interviewed between
of the federal constitution, presented
in full with the reasons which gave birth to
the mandate that no State shall pass Il law
impairing the obligation Of contracts"
The termination of the revolutionary
struggle found the people of the States with
out money and much indebted to each other.
That short sighted policy which usually pre-
walls in panics, adopted the quackery Of tenn
porary expedients, known then as now, by
the names of stay characterization laws-and
laws allowing tenders of property in dis
charge of debts In some of the States all
thsee shifts to postpone the day of payment
were resorted to, one after another; but the
affection sought to be remedicd, grew worse
as the acts of financial quackery were multi
piled, and the people, among whom the ex-
pedients were adopted, were soon found to
be in a far worse condition than at the
outset.
Instructed by the results of these expert
nents, every step of which the trainers of the
constitution had witnessed, they did not
hesitate to apply the true remedy for all cases
then existing. and for all cases which might
thereafter arise. The statesmen who set this
barrier against the power of the States to