The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-07-17
SPEECH OF HON. B. F. MOORE,
OF WAKE.

addressed
Mr. PRESIDENT The section just read Of
fers me full opportunity TO express my views
upon the entire subject.
The ordinance is entitled " an ort!sadace
to change tie Jurisdiction Of tile Coa'fs. md
the rules of pleading tserein.n The title an
nounces nothing but ordinary and Legitimate
purposes OF. Legislation.
It looks as fair as the title of the act to
which, in the midst of our revolutionary
struggle, our noble and honest ancestor gave
the name of An act for estadStshang e0!Tt -
Of lao and regulating the p,oceeaing- therein,
One would suppose, from ther Ii',Se'
that the object of both was the same. NO
two things however could be more dlsslml-
lar than the objects intended to be accom-
Dlished. The court law of the revolution
was an honest and efficient enactment TO
provide and open courts for the full and ex-
peditious administration of the law, and Tor
the enforcement and protection OF rights and
remedies guaranteed for the security OF per-
son and property.
Such it was in title, and such IN fact
it has proved to be- And from its
passage to an evil hour, in 1851, it has
run the even and undisturbed tenor OF its
way, with but one small interruption, Qn
1922 which was early removed. The cltl-
zens have had, at all times, speedy and I'M
partial Justice, and have been required to
observe the faith of their ngagements-and
their honesty became proverblal The object
of the ordinance is to shut the courts OF JUS
tice by crowding the cases, small and great,
into a Superior Court, held open but once
year; and, by delays of pleading, to post
pone for years the trial of the plainest cases;
and, even after judgment is rendered, to Gle
fer for another series of years the collection
of the debt 1t is palpable, ON the face of
the ordinance that the change of jurisdlc-
ton announced in the title and provided in
the enactment, is not intended to advance
or improve the administration of justice but
is designed, of fixed purpose, to hinder and
delay it. 1t is equally manifest that like
fixed purpose provides for changing 1.-THE
rules of pleading" and that these rules are
changed not to supply any existing defects
in the rules, but for the mere purpose of de
laying the trial, and enabling the vio!ator OF
his contract to avoid its fulfilment.
While the title proclaims the purpose of
mere ordinary constitutional legislation, the
acoued object is, under this pretext, TO grossly
violate the Constitution OF our country, which
prohibits any State from passing "a law
impairing the obligation OF contracts In
our State the time has beer when, If legiS-
lation might be suspected of contravening
the federal Constitution, the legislator DID
not feel at liberty to resort to a Straiagcm I"
effect his forbidden purpose. Thus. the act
of 1912, declared void by the Supreme Court
because it impaired the obligation of con-
tracts, was candidly entitled - An act 10
suspend executions for limited time"
The title was an epitome of the purpose
of the act.
If the title of this ordinance had as can
didly reflected the motive OF its provisions
as did the act of 1912. it would be entitled
q An ordinance to hinder end aeIay tile COT
lection Of debts.
Mr. President: There is not, l believe. a
delegate who would vote for it, if it were
thus entitled; and yet we all know, that,
this title would bat candidly proclaim its
true purpose; and that as entitled row, it
does not express it. 1t is true that the ordi-
nance does change "the jurisdiction of the
courts and the rules of pleading, the
change, i'll these particulars, is not the pur-
pose for which it was introduced. The
change is but the instrument to effect the OBJ
ject, which is to hinder and delay the credit
or and impair the obligation of his contracts.
The accomplishment of this forbidden and
unconstitutional purpose is the end in view,
and the instrument is a mere pretence, a
devlce-a stratagem-a screen-Which the
legislator uses to hide from the courts the
unlawfulness eff the act. He asserts, in the
outset, that it is competent for the law
maker to provide such courts as he may deem
proper, to assign them their jurisdiction, and
prescribe rules for pleadings therein.
No one doubts the existence of the power
to do these things 1t must exist. wherever
the law is administered. But let us never
forget, that the power exists only to advance
and improve the administration of Justice;
to protect and enforce the legal rights of
every man, rich or poor; and that it does not
exist for the purpose of delaying justice and
enabling men to evade the obligation of their
contracts. Whatever might be the power
of this convention, if not restrained by the
constitution of the country. we cannot, now
use means, which are lawful for lawful pur-
poses, to overthrow any part of that instru-
ment: If we cannot attack it boldly with
candid avowal of our purpose, we cannot
attackit insidiously by stratagem and CON
cealment OF the purpose. Those, who resort
to the latter mode are more dangerous to
liberty than open and defiant enemies. and
are more to be dreaded by its true guardians
MIR. President: For years it has been a
subject of boast and emulation, among GER
tain persons. who could draw the law which
could most efectually conceal from judicial
penetration the legislative purpose to impair
the obligation OF contracts; and we have
been assured, by some, that this ordinance
stands behind an impcnetrable shield.
know not how Others might feel in accom-
plishing such work. For myself could
have only that satisfaction. which an honest
man may be allowed to enjoy after having
wlltully disobeyed the sacred obligation 10
support the Constitution of his country.
Sir, our State government is divided into
three great departments-the Legislative,
the Executive and the judicial The indie
Pendence and integrity of each is essential to
the preservation of our liberties. Each of
them stands in close connection with the
others. In the making of laws the Legisla-
ture Is placed under restraints and iniunc-
tons, which they are sworn not to transcend
The Executive, in his department, is equally
bound by his obligation: And the judge is
called upon to expound the laws which may
be enacted by the Legislative Both of these
departments act under the same fixed guides,
the constitutions of the country. 1.-THE leg
lslator transcend his powers, it is the duty
OF the judge to declare void the unlawful
legislation. In this State the legislative
department has ever yielded with cheerful
ness, to the exercise of this salurary power,
Between them there ought always to prevail
the most candid relations. And. inasmuch
as, by the fundamental law of the land. it is
the high duty of the legislature to submit
the constltutionality of all their acts to the
judgement of the courts, it is a foremost part
of that duty TO enact their laws in such a