Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-12-06

leCt1OQ JnefeOI. In all EFFORTS, then, on Tit
part of our State Legislature to extend re
lief to the people, the cardinal points W,
have specified should not be lost sight of
and everything which may be done for thu
purpose stated, should be done consistent
ly with these principles.
The Legislature of 1865 passed " Stay
Law which babe defiance to all the ordi
nary principles of construction. Perhaps
it cannot be better described than In the
words of a distinguished member of the late
Convention, to the effect, if we remember
rightly, that, had fifteen persons met to
gether, without previous consultation, each
with section prepared by himself, and
had resolved to throw them together and
print them in the shape of bill, it could
not have been more unintelligible than the
Stay Law in question. There is not the
slightest doubt of the utter unconstitution
atty of that law, or of the fact that it would
have been so declared by the Supreme
Court, if the question had ever come before
that body.
Thus matters stood when the late Con.
vention met in second session. The law
passed by the Legislature to extend relief
TO the people was little better than farce,
and all eyes were turned TO the former body
in expectation OF an act that would meet
the objections we have stated, and at the
same time admit of Ineligible construc-
ton Various bills were submitted to tina t
body, and referred TO q committee of which
Judge Howard was Chairman. Now, we
have reason to know that the committee i'll
question worked most faithfully and harmo-
niously, and with an earnest desire to ex
tend relief to the people, and to do Justice
between debtor and creditor. We think the
committee succeeded, and that the bill
which passed the Convention should not
be disturbed.
That bill gives the jurisdiction of debts
over sixty dollars, co ntracted before May
LIST, 1865, exclusively to the Spring terms
Of the Superior Courts. 1t requires one
tenth of debt and interest to be paid at the
first term to which suit is brought; one5f1h
of the residue at the succeeding Spring
term one-haf of the residue at the next
Spring term. and t,co gears for
the remainder, giving judgment and a lien
in three gears from the first term. Should
there be failure to meet the installment,
the case goes on in regular course.
Now it must not be forgotten that this
bill postpones the first installment until the
debtor can have the full benefit of the crop
of 1866. To give him the benefit of this
crop, was the sole purpose of postponing
the installment to the Spring term, thus the
debtor will have the benefit of tUo crops from
the time of the surrender, before being called
ON to pay a cent. We think that under all
the circumstances nothing better can be
done within the power of State Legisla
ture. All classes are disposed to sustain
this law, and the members of the bar seem
to have tacitly agreed not to test its consti
The Judges do not desire to
be called on to decide the question, be-
cause the law is regarded as fair compro
mise some relief, it is conceded, is re-
luired, and nothing more equitable has
ever been suggested than the stay law of
the Convention.
But the ordinance of the Conven ton de-
clares that it shall not be repeated, altered
Or amended by the Legislature at any time
before November, 1868. Now the power
of the Convention to legislate has met with
no more sincere opponent than this jour-
nal, but the Supreme Court at its last ses-
sion implicitly sustained that power. We,
Of course, submit to the Interpretation of
these matters by our highest judicial tribu-
nal, as all good citizens ought to do, and
Just as sure as our present Legislature I'M
dertakes to set aside, repeal, amend or
modify the Stay Law of the Convention,
Just so sure will such action be declared
void by the Supreme Court and any bill
extending greater measure of relief will
be declared unconstitutional also. Nay,
even the Stay Law of the Convention will
De so declared, if the Courts are forced to
sufficient.
No one can overestimate the advantage
to be derived by our people, at this time,
from fair extent of credit by capitalists.
that destroys tLis, must have a
disastrous effect. Our people desire repose
they look for some settled policy in legis-
Iation; it can do them 10 good to have
affairs continually unsettled by
never ceasing efforts to extend to them re-
lief Relief is now to be found, and only
to be found, in an effort to better our con-
dition by rntiring industry, unwearied ap
plication to business, and mutual confidence
in each other. Nothing good can be effec
ted or promoted by crude, visionary, undi
gested and unconstitutional schemes to ex-
tend relief, which can end only III discom-
future and disappointment.
The Howard Amendment.
We publish on the first page of to-day's
Journal most admirable letter of ex-Gov-