The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-02-05
Nj. Rodmon2- and are other contract,

Mr.. fourgee-as far as understand the
principles and theory of contracts, they may
be made in state of nature, and do not de-
pend on any government for validity. Acts
performed according to the requirements of
a de tacto government, must be reaairmed
in order to be made valid
Sd Mr.. Abbott-deeds require an official &C
ton. Are they voida
50 Mr.. Tourgee-one of the finest legal minds
in this State impressed upon me the nccessi-
ty of reaffirming all these things, in order to
render them valid. This evil goes back to
almost every thing. On any other ground
than this, he held the Convention to he an
absurdity, and a collection of idiots.
a. Mr.. Durham ARE judges and juries liable
to indictment as murderers, unless this Con-
vention reaffirm their acts2
Mr.. Tourgee--no; sir.
Mr.. Durham-what is your theory? Ac-
cording to your statements they have no more
power than twelve men here have
Mr.. Tourgee-they have the same rights
and power that vigilance in San Francisco
had-the consent and approval of the
people. ~ ~.
! Mr.. Jones, Washington mob law ?
Mr.. Tourgee-yes, sir, mob law, and there
has been too much of it already in this
State
Mr. Durham l understand the gentle
man as branding the whole of the ju iicial
proceedings of this State since 1861. "a mob
law2tsdo5
q Mr.. Tourgee--such acts were entirely
without authority.
Mr.. Durham--of course then it was mob
law
81 Mr.. Tourgee-yes, and with consent of
the people, which makes it mob law. There
has been too much of it already Applause. ]
But necessity for some law was the excuse
public necessity, which is above all specific
law nits effects.
He hoped that sense of justice would
lead the Convention to adopt the amend
ment of his colleague. A great war had
lust been ended-one- half the property of
the people had been lost. It is idle to sup
pose that such calamity reached no farther
than May, 1865. 1t comes upto the present
hour, and touches thousands of contracts.
The reasons for relief from such debts were
exactly the same therefore, as given for those
prior to the war. BY the effects of the war,
the people were even now prevented meet
ing their obligations.
Mr.. Abbott said it was sufficient for him
to say that lie favored relief, but not the ruin
of the people. The delegate from Guiiford
had connected the ordinance of w. G. & r.
r R. Co., with the relief question. 1t was a
mistake entirely. He favored no action that
would ruin the banks and the commercial
interest of the State which this amendment
would do. 1t was said that this Convention
was not here to legislate for banks. That
was true. But if the heart be cut from the
body. will the body live 2 Or shall! We cut
it out, and then take care of the fingers. He
was never more astonished at any PROPOSE
ton than the one under consideration. The
State is filed with contracts, since the war
based on laws that exist and the assumption
that no laws will be passed impairing
the obligation of contracts. Owing to
the reasons before stated, relief might
well be granted for debts during the war
but here is proposition to stay process
on all since and before 1t will bring uni
versal and undivided ruin on the people,
Its effects will be felt from the counting
house of the metropolis, to the humble
country store, and every enterprise will Ian
guish. This Convention could not raise a
loan of ten cents to pay It's expenses. In
| deed he believed Gen. Candy would at once
| declare this ordinance null and void He was
not against a judicious measure of relief. And
! debts contracted in turbulent times, full
| of calamity and death, and misfortunes
| which no mortal was capable of forseeing
| it might be well and he was perfectly will
I ling to stay for the relief of the people,
Then the States credit would not be i'm
| paired. He was in favor of keeping that
! credit unblemished, and using it when ne
cessary for the purpose of internal improve
ment Let us go ahead, and devise the bes
means of relief, and abolish forever the
stand-still policy and such measures as
| threatened the people with universal ruin.-
| He was in favor of the ordinance of tho
committee-clean, as it stood, without fur
| ther amendment.
Mr. Heaton said that he had great faith
generally, in the judgment of the delegat.
from Guilford, CHR Welker) But it was
an error for him to suppose that either poll
cy or equity required the adoption of thi
amendment. The delegate from New Han
over was right. He, too, was willing t.
support any substantial measure for relief
| He was aware, however, that even if the or
IL
| teligent gentlemen might assail it bitterly
But if he understood that ordinance, it mere
aimed at at an alteration of the remedy TO
collection of debts, and not at the obligation
of the contract itself, which Is sacred
he thought otherwise, or that it If con
| flicted with the Constitution of the Uni
ted States, which is the supreme author
ity of the land, he would oppose it,
However, believing that its intent ant
aim were only to modify the remedy, b,
| would probably vote for it in the event some
thing less Objectionable were not presented
But on the other hand, the amendment o
the delegate from Guiiford strikes at tn,
very foundation of the obligation of con
tracts. 1t is radical aud sweeping in its ma
ture and strikes at contracts made even up tt
as late as yesterday. Its genuine essence il
! Reputation, and he had been taught to re
gard all such doctrine as really abhorrent i
not Infamous. When that odious subject O
(! reputation comes before this Convention, j
! it ever does, he hoped to be fully heard anC
| clearly understood. In case this amendment
was adopted, he would reiterate the opinion
that a general paralysis would fall on al
| business, and that at least ten thousand la
borers in this State, would be speedily turn
ed out of employment.
Mr.. Fullings said:
The cry for relief comes up from all sections
| OF the country. Gentlemen tell us that thi
demand is SO imperative that if some means ar
not devised to relieve the debtor portion of gu
! population, there will be serious danger of th
constitution which we are about to adopt, bein.
| defeated
g In the first place, l do not believe any sucl
thing as the defeat of reconstruction is to be an
pretended. Every interest of the State and o
the people demands its adoption, ana even if
constitution should be agreed upon objection
Die in many features, I am satisfied that i