The weekly North-Carolina standard., 1866-06-20

the ordinances. OF the COhVentlOn OF 1901,
passed in secret session, or any of its adjourn
ed sessions, as well as the acts of the General
Assembly Of 1860 and 1851. passed in secret
session, and report the result of their labors
to this Convention at as early.a day as pos
sible, in order to throw some light on this
subject. ~
Mr. Moore an ordinance to protect seine
fisheries. f M es
Mr.. Mcdonald, of Chatham, an ordinance
to amend the charter of the Chatham rail-
road company. -
A memorial from Mr.. Robbins and Mich
ael Cronly, by Mr.. Wright, were presented
and referred to finance committee.
Mr.. Fey requested that an ordinance
which he offered be read for information pro-
posing to submit the question ofrrpudia-
tion to the voting population Of the State at
next election, and also other questions at
the same time. ilr
THE STAY LAW
Was taken up and read by sections.
Section and 2 were read and passed and
section 8 being under consideration,
Mr. Moore, of Wake, said that every Legis-
lature had the power to make rules for plea
ding in the Courts, which were necessary for
the early administration of Justice, and no
Court could proceed without such rules
But when the Legislature undertakes to
make rules for the delay of the administra-
ton of justice and the prevention of persons
fulfilling their just obligations, he was COM
PEELED to say that, that was fraud upon the
constitution. Let such stay laws be no lon
ger entitled "acts or ordinances to change
the Jurisdiction of the courts and rules of
pleading therein" but let them speak the
truth and say ordinances to hinder and de-
lay the collection of debts" That would be
honest, and the judges would be enabled at
once to see the purpose of legislators in in
terpreting the law. Such was the character
of the title an act of 1888, which was pro-
nounced unconstitutional Our forefathers
adhered to the truth, but since that time
legislators have resorted to the specious
plea of emitting such acts, acts to change
the jurisdiction of the Courts and rules of
pleading therein" thus throwing dust in the
eyes of the judge, and hindering the collect
ton of debts in violation of the express pro-
visions of the Constitution.
The speedy administration of justice had
hitherto given to our State the proud title
of honest old North Carolina. Let us pre-
serve that honorable title, remembering that
we are sworn to advance the ends of justice.
For himself, his conscience would never let
him rest did he violate that oath willingly.
When there is great popular distress in the
land the safest way is to stand by the con-
stitution. To violate it in one particular is
to break it in all particulars. 1t said that
no laws should be passed impairing the obli-
cation of contracts 1t is wrong, therefore,
for gentlemen to erect screen to hide their
intentions behind, to cheat the judges. 1t is
but how much higher the duty of the legis-
lator to SO express himself that the judge
should be able to know the propet ubject o.
the laws. he was called upon to interpret
Besides, legislation for debtors is lcgisla
tion for class. and is partial and unjust.
Should this law be passed, every suit that
could be brought in the federal Courts would
be brought there. Therefore, we would have
two kinds of justice administered in thi:
State, and nothing could be more odious.-
The people would hate the one and love the
other; and thus would dissensions be sown
between the State and federal authorities.
The better way would be to repeal all stay
laws and trust to spirit of mutual for
. bearance. That creditor, who most pressed
his debtor, would then be the one most like
, ly to lose his money, because the debtor
would become exasperated and make deed
of trust or mortgage in favor of that credi
tor or those creditors, who had shown hin
the most mercy This would keep the ra-
pacious creditor from pursuing and harrass
ing the debtor But under this stay law
all persons being treated alike, all would sue
alike.
The stay law passed at the last session, hi
thought was heterogeneous mass of con
tradictions, and nothing like it could bt
found in Heaven above, in earth beneath, ol
in the waters under the earth.
Mr.. Howard-I voted against it.
Mr. Moore-So much to your credit.
have said all that desire to say, only thai
this law is more just than any other that
have seen But, nevertheless, cannot vot'
for it.
In reply Mr. Howard called attention tt
the fact that the public mind of the Stat
was strongly in favor of giving relief t.
debtors, and second, that worse stay Law
has heretofore been in use, and third, tina
unless some stay law was passed the Legis
lature would abolish imprisonment for debt
have but one Supreme Court each year, ant
thus produce worse condition of affair
than is now existing.
Under this law if passed, the debtor woul'
be allowed time to recuperate his shattere'
fortunes and give him fair chance to NEE
his obligations. For one. he said, that h
| could lay his hand upon his heart and sa
| in voting for this bill that he believed tina
hewas furthering the ends of justice.
! Open the courts, and the sheriff could en-
| force the laws only with a squad of soldier
at his back. On the contrary, give the debt
! or chance to recuperate and pay a part {
| his Indebtedness at one time, another pal
at another time, and so on-and you woul
not only assure him of protection, justic
| and mercy, but also assure the creditor {
his claim. The passage of this bill woul
also smother that growing spirit of repudi'
! tion which oppresses US all in this State.
If this was the first proposition for sta
law, it would be better, perhaps, to hay
none. But owing to past legislation sta.
law was now necessary. The question no
is, not whether this law impairs the oblig
ton of contracts. but whether it does NJ
place such obligations upon former grount
| He dissented from the opinion that IL
debtor would cease to labor to meet his ju
liabilities under these protecting laws 81
| this law provides for payments from time
time, and unless such payments were mad
the debtors property would answer for it
an equal amount. And if any man shou
attempt by flight or fraud to avoid the
payments, under this law the creditor is &
lowed to proceed agains. him for the fl
amount. This bill was hedged about,
that justice might be secured, and the OBJ
cations of the people met and honorab
discharged. he had labored to prevent
| pudiation. Unless the tree bend, it mu
come up by the roots
| Mr.. Grissom, an amendment to 3tl sectio
" And proeiled. further, That no sale of re
estate, which may be hereafter made und
executions, issuing upon judgments reco
cred upon defaulting defendants under Il
f! section shall be valid, unless the same sh'