The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-06-16

serve that HONORABLE title, reInemberinp H..
we are sworn to advance the ends Of iSst; ;,''
For himself, his conscience would never ~.
him rest did he violate that oath wilIinoI,'
When there is great popular distress in fIc
land the safest way is to stand by the CO..
| stitution. To violate it in one particular i
to break it in all particulars It said that
no laws should bepassed impairing the obi;
cation of contracts. 1t is wrong, tberefnro
/ for gentlemen to erect screen to hide tboi,,
intentions behind, to cheat the Judges II =
| the duty OF the Judge to interpret the law"
but how much higher the duty of the legis'
lator to So express himself that the iufan
should be able to know the proper object of
the laws, he was called upon to interpret
Besides, legislation for debtors is leoislo
ton for class. and is partial and unjust
Should this law be passed, every suit that
could be brought in the federal Courts wonlJ
be brought there Therefore, We would have
two kinds of justice administered in this
State, and nothing could be more odious
The people would hate the one and love tbo
other; and thus would discussions be soun
between the State and federal authorities
The better way would be to repeal all stav
| laws, and trust to a spirit of mutual for
bearance. That creditor, who most Dressed
his debtor, would then be the one most likeN
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 him
the most mercy. This would keep the "a
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. he
thought was heterogeneous mass of con-
tradictions, and nothing like it could he
found in Heaven above, in earth beneath or
| in the waters under the EARTH
Mr. Howard-I voted against it.
Mr. Moore-So much to your credit, 7
have said all that I desire to say, only that
this law is more just than any other that
| have seen. But, nevertheless, cannot vote
| for it.
In reply Mr.. Howard called attention TO
| the fact that the public mind of the State
was strongly in favor of giving relief to
debtors, and second, that "a worse STAY law
has heretofore been in use, and third, that
unless some stay law was passed the Legis
lature would abolish imprisonment for debt,
have but one Supreme Court each year, and
| thus produce worse condition of affairs
| than is now existing.
! Under this law if passed, the debtor would
be allowed time to recuperate his shattered
| fortunes and give him fair chance to meet
could lay his hand upon his heart and say
in voting for this bill that he believed that
he was furthering the ends of justice
Open the courts, and the sheriff could en-
| force the laws only with a squad of soldiers
| at his back. On the contrary, give the debt
| or chance to recuperate and pay part of
| his Indebtedness at one time, another part
at another time, and so on-and you would
not only assure him of protection, justice
| and mercy, but also assure the creditor of
his claim. The passage of this bill would
also smother that growing spirit of repudia-
ton which Expresses us all in this State.
If this was the first proposition for a stay
law, it would be better, perhaps, to have
none. But owing to past legislation a stay
law was now necessary. The question now
is, not whether this law impairs the obliga-
ton of contracts. but whether it does not
place such obligations upon former ground
He dissented from the opinion that the
debtor would cease to labor to meet his Just
liabilities under these protecting laws. Sir,
this law provides for payments from time to
time, and unless such payments we're made,
the debtors property would answer for it to
an equal amount. And if any man should
attempt by flight or fraud to avoid these
payments, under this law the creditor is al
lowed to proceed against him for the full
amount. This bill was hedged about, so
that justice might be secured, and the obi
cations of the people met and honorably
discharged. He had labored to prevent re-
pudiation. Unless the tree bend, it must
come up by the roots.
Mr.. Grissom, an amendment to 81 section:
" And a,,o0ized. further, That no sale of real
estate, which may be hereafter made under
executions, issuing upon judgments recov-
cred upon defaulting defendants under this
section shall be valid, unless the same shall
bring price equal to its assessed value, ac-
cording to the tax assessment in force at the
time of such sale.''
Mr. Grissom said that he would like to
hear from the committee on this subject.
Mr.. Howard said this was an amendment
offered and rejected in committee, because
it had been before declared unconstitutional.
The debtor is fully protected under this Or
dinance. The amendment would only en-
barrass the passage of the ordinance.
Mr.. Grissom said he fully endorsed the
stay law presented; but at q meeting of the
committee, prior to his withdrawal there
from, it unanimously adopted this amend
ment. If the amendment is not particularly
obnoxious, he would like to see it incorpor-
ated.
Dir. Howard, said this amendment had
been adjudicated by the Supreme Court of
the United States to be unconstitutional.
Dh L CiCOSC, Silu tldb He WIS dhaiC III
committee that this decision of the Supreme
Court had been made. But in considering
the ordinance in all its bearings, he had con-
cluded that it could be incorporated without
injury to the other provision of the ordinance.
state of things exists with us, which I'M
less the people are relieved, the real estate
will be sold into hands of capitalists. Why
are constitutions and laws made but for the
protection of the people2 And when they
fall short, some notifications must be made
A law like this based upon the goodwill
and forbearance of the people, could not be
improper. He could not be charged with
desire to overturn the laws, but unless
something be done an unparalleled state OF
suffering, turmoil and confusion would ensue.
In his part of the State unless the amend
ment be adopted, property that once rated az
$40 per acre would be put up and knocked
down under the hammer for 10 cents. Some
relief must be given to his people.
Mr.. Caldwell. of Guilford, said that while
gentlemen legislated for the debtor, they
forgot the creditor Hundreds of widows
and orphans would groan upper the tyranny
of this bill. He thought that it would DC
better to repeal all stay laws and provide
circulating medium for the people.
Mr. Grissom withdrew his amendment 1of