Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1867-01-31
FOR THE HERAIn
Judge Meredith Of tho ls;.o,,;+ ~.

= - : ~ Sheiy, III dH aDle
and elaborate opinion, pronounced the
"Act to stay the collection Of debts for
limited period, = passed March 2, 1866.
by the Virginia Legislature, known as the
s'Stay Law" unconstitutional. It is sta
ted that James Marshall, ESQ.,, the dis
tinguished delegate in the Legislature
from Fauquler, gentleman Of great legal
attainments, drew up this law. When
presented, it was accompanied by report
said to have been drawn by the same gen
tleman, IN advocacy of its constitutionality.
The Constitution Of the United States,
Art. [, Sec. X, provides that no State
shall "pass any bill Of attainder, en post
tacto law, or law impairing the obligation
Of contracts" In Art. LII, See IL, Con-
stitution Of Virginia, it is provided: "The
Legislature shall not pass any bill of at,
tainder; or any &c post tacto law: or any
law impairing the obligation oe contracts
Judge Meredith holds that the 'Stay Law"
is plainly in contravention of these ex-
plicit provisions Of the Federal and State
Constitutions Mr. Marshall in his report
takes the opposite Of this position. The
Richmond Enquirer, in commenting on
these conflicting views, says:-" When
jurists so learned and eminent differ so
widely; 1t impresses the unprofessional pub
lie very painfully with the proverbial I'M
! certainty of that which, as the measure of
a mans rights, should be most certain of
all things-the law" It is not proposed
to argue the constitutionality of the Stay
| Law in this article We will simply re-
fer to the unanswerable argument of Judge
Meredith. He exhausts the subject =
What we propose endeavoring to do is to
point out some Of the fallacies in the re-
port alluded to above With some pre-
liminary remarks the report goes on to say:
''The limit on power grows mainly out of a
clause common to both the Constitution Of the ..
States and that OF Virginia. 1t is in substance,
that mo State shall pass law mpairing the OBJ
legation Of contracts This prohibition we must
obey, otherwise law will be pronoun ced
void, and We will fail to give the relief that the
situation OF our people requires. What does this
prohibition mean :? what IS the extent of its lmi-
tatlon OF our powers, Is the question to be solved
! lt'has been much discussed and disputed; it
mains in very unsettled state. 1t would far
transcend the proper limits of a committees re-
port to enter into it at large, is II at all neces
sary; every purpose would be answered by dealing
with Its bearing On the objects the Legislature
have in view-the relief which it is believed the
situation Of the people requires at hands,
'The position on side Of this question is, that
the prohibition by its letter and its meaning ONLY
forbds to impair the obligation OF the contract
and leaves power over the remedies untouched
and supreme. 1t is answered to this, that such
construction would render the prohibition idle and
dead letter. for then We might deny forever all
remedies to enforce the contract; and where then
q is mil
ted Oh this side OF the question, that VIC have some
power the remedies, but it is contended that
such power is confined to allowing ample time be-
fore final Judgment for full investigation to arrive
at the real merits of the case Though thereby the
plaintiff is delayed) and after Judgment to allow
convenient and proper time for the ministerial Off
Ger to carry ont the Judgment Of the court. But
it is denied that we can shape Or deal with the re-
needless so as to give them to the debtor, to suit
the necessities Of his position and save his proper
ty from sacrifice, no matter what may be the gen
eral status of the country, and how widespread
the ruin that would ensue from the adoption Of
this construction"
"1hc relief aehicA 1t rs Jeliered the sat
aotlon ct oar people requires at our hands"
is the motive power that Influenced both
the committee and Legislature To so
interpret the Constitution by a refinement
of reasoning as to authorize ''Stay Law"
was the object in view; or, in other words,
to evade if possible the plain provisions of
the Constitution by latitudinarian con-
struction. The report does not stand as
the unbiased judgment Of a disinterested
party: it Is the argument of lawyer for
his Client in whose behalf all his sympa-
thies are enlisted-not the calm unpreiu-
diced opinion of a Judge sworn to do I'M
partial justice. While we appreciate the
motive that induced the Legislature to af-
ford this relief if constitutional, we have
grave doubts as to the policy Of tampering
with contracts in any shape or form but
Of this we do not propose to treat at pres
| ent.
The report builds up its argument on
1.-The Remedy " It admits that the Le-
gislature has not absolute and unqualified
power over the remedy-at the same time
claims for that body a limited power
Where is the limit, and how is it to be as
certained ? Does it depend on circun-
stances Can what should be the bounds
to-day be wiped out by copediency to-
morrow? Is it not this same cry, The
demands of the times that has broken
down almost every bulWark OF the Constr
tuition of the United States? 1.-The de-
mands of the times" have established mil
itary commissions, prescribed test oaths,
and attempted to destroy the pardoning
power of the President. 1.-The demands
of the times would inaugurate reign of
terror in this country by latitudinarianism,
were it not that the Supreme Court has
interposed its strong arm to save the Con-
stitutien in its integrity, by strict con-
struction." The people of Virginia have
too much at stake to insist on liberal con-
struction just now. They must remember
that the article of the Constitution Of the
United States Immediately preceding the
one which declares that 30 State shall pass
"a law impairing the obligations of con-
tracts" provides that mo bill of at;ainder
or &c post tacto law shall be passed.
In the case under consideration, we ap-