The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-07-18


the bench ..that every law which postpones
or accelerates the period OF performance
which contract prescribes however minute,
impairs the obligation of a contract. Anu
by the pure and eminent Madison, when ad-
yocating in the Federalist the inhibitory
clause of the federal Constitution, (eyen
while the sufferings of the revolution were
severely felt over the entire land0 that " laws
impairing 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
position different from that of leg
islator, in regard 10 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 Tor
one purpose may be constitutional, and an
act in the same words, passed for another
purpose may violate the constitution. Thus,
if it were constitutional for congress to raise
recenue, but otherwise to protect naanufaetoraes
from competition, the same act for the former
purpose would be upheld, and for the latter,
declared void. And the title to the one or
the other would be sufficient key to open
the legislative intent.
Now if congress, with intent to protect
manufactures, tsom competition, should pass
bill laying protective duties, and entltle
the law "an act to raise revenue" they
would, in my opinion, grossly violate the
constitution, and cheat the court, by false
pretences. 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. Ii 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
port it upon this ground, he will be excused
from the consequences but if his purpose,
in supportingIit, be to allow persons to post
pone the fulfllment of these contracts, then.
in nv Judgment, he cannot escape the charge
of violating the constitution and is the
more inexcusable for his employing an uncan-
did artifce to effect his purpose.
In speaking thus of the duty Of legislator,
let no one suppose that I concede this ordinance
proof against. judicial attack.
turn now from considering the constitu-
tional question. to the policy OF the law.
Here the prospect of gloomy future lies be-
fore us. Without stay law, delegates say,
that the people will become bankrupt, and
be driven from their homes by the arm of
the law. They color the picture of distress,
with exaggerations, till they alarm them
selves and every body who hears them.
They abandon themselves to the fright of
the moment, and neither hear reason, nor
consult the lessons of the past. They forget
the rights of the creditor; and sacrifice him
without a feeling, even, of regret. The or
phan, whose whole estate may be In rich
mans bond the mechanic and humble la
borer, whose sweat may have been poured out
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 for another9
What law of morals decides, that am not
as much entitled to the price of the land l
have sold, as the purchaser is to hold the
land unpaid for? If shall have lost the
possession of my horse by ong-doer,
who never made Inc 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 common distress, will afford
more relief than any stay law. The very ex-
istence of it creates alarm, produces spirit
of defiance on the part of the debtor, and
creates distrust in the creditor Be assured,
sir, that flood of suits will follow the pas
sage of the law and 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 better guard
against destruction than stay law.
The law invites those who are able to pay
to disregard their obligations, and loosens
all the foundations of faith between man and
man.
In whatever degree law withdraws its rem
edies for the enforcement of contracts, to
that extent, soon, will the moral sense cease
to urge the debtor to fulfil them. Such a
law will be regarded as the great exposition
of public sentiment, and even those who are
well able to pay, will shelter themselves un.
der protection avowedly created, only fol
the destitute and needy. Honesty will nc
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
inhibitory 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 wher
we open the pages of history cotemporaleou.
with the period which interviewed between
| the c,ose CT the revolution and the formation
| ut the federal constitution, we are presented
in full with the reasons which gave birth t.
the mandate that mo State shall pass Law
impairing the obligation of contracts"
| The termination of the revolutionary
struggle found tile 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, b,
the names of MISREPRESENTATION laws-ant
laws allowing tenders of property in dis
charge of debts. In some of the States al
thsee shifts to postpone the day Of payment
were resorted to, one after another; but tn
ahilctlon sought to be remedied, grew wors
as the acts OF financial quackery were multi
piled, and the people, among whom the ex
pedients were adopted, were soon found t
be in far. worse condition than at til
outset.
Instructed by the results of these exper
or Of Il. Oh a.