The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-07-18
SPEECH OF HON. B. r. MOORE,
OF WAKE.

anu tue IbuilO oCCtioa tSetes1
Wake, addressed the Convention
Mr.. PREsIDENT: The section just real Of
fers me full opportunity to express my views
upon the entire subject.
The ordinance is entitled !" On ordnance
to change the Jurisdiction Of the Courts; ana
the rules of pleading therein" The tile an
nounces nothing but ordinary and legitimate
purposes of legislation.
II looks as fair as the title OF the act to
which. in the midst of our revolutionary
struggle, our noble and honest cesors gave
the name of :. An act for establishing courts
of huand regulating the proceeding therein"
One would suppose, from their Titles,
that the object of both was the sanie NO
two things, however, could be more disslml-
lar than the objects intended to be accom-
plished. 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 for
the enforcement and protection of rights and
remedies guaranteed for the security OF per-
son and property.
Such it was in title, and such an fact
it has proved to be. And from Its
passage to an evil hour. in 1861, it has
run the even and undisturbed tenor OF Its
way. with but one small interruption, lin
1877 which was early removed. The citi-
zens have had, at all times. speedy and i'm
partial Justice, and have been required to
observe the faith of their engagements-and
their honesty became proverbial. The object
of the ordinance is to shut the courts OF JUS
tice by crowding the cases, small and great,
into Superior Court, held open but once
wear; and, by delays of pleading, to post
pone for years the trial of the painest cases;
and, even after judgment is rendered, to de
fer for another series of years the collection
of the debt. 1t is palpable, on the face OF
the ordinance, that the change OF Jurlsdlc-
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 "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 violator OF
his contract to avoid its fulfilment.
While the title proclaims the purpose of
mere ordinary constitutional legislation, the
aco,ced object is, under this pretext, to grossly
violate the Constitution of our country, which
prohibits any State from passing q a law
impairing the obligation of contracts" In
our State the time has been. when, if legis-
lation might be suspected of contravening
the federal Constitution, the legislator did
not feel at liberty to resort to stratagcm to
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 4" An act to
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
6 An ordinance to hinder and delay the COL
lection of debts
Mr. President There is not, believe, a
delegate who would vote for it, if it were
thus entitled and yet we all know, that,
this title would but candidly proclaim its
true purpose; and that, as entitled now, 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 in these particulars, is not the pur-
pose for which it was introduced. The
change is hut the instrument to effect the OBJ
ject, which is to hinder and delay the credit
orandimpair 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
device-a stratagem-a screen-which the
legislator uses to hide from the courts the
unlawfulness 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 a
candid avowal of our purpose, we cannot
attack it 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.
Mr.. President: For years it has been
subject of boast and emulation, among GER
tain persons. who could draw the law which
could most effectually 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 impenetrable shield. I
know not how Others might feel in accom-
phshing such work. For myself I could
have only that satisfaction. which an honest
man may he allowed to enjoy after having
wilfully disobeyed the sacred obligation to
support the Constitution of his country.
Sir, our State government is divided into
three great departments Legislative.
the Executive and the Judicial. Tie 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 NAV
be enacted by the Legislative. Both of these
departments act under the same fixed guides
the constitutions of the country. 1.-THE leo,
islator transcend his powers. it is the duty
of the judge to declare void the unlawfnI
legislation. In this State the legislative
department has ever yielded with Cheerful
ness, to the exercise of this salutary power
Between them there ought always to prevail
the most candid relations. And. inasmucf
as, by the fundamental law of the land, it /
the high duty Of the Legislature to submit