The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-02-05
.;ntant;on of the Convention. ,butitspraotical

which gave four years to pay. 1t SAID the Leg
islature should not alter in two, but the Leg
islature did so. He had argued the uncon
stitutionality of the last enactment, but did
not question the first, because he thought it
was perhaps better not to do SO. The Con
yeution stay law was permitted to stand
We are now living under that law and the
general orders Where man is not worth
$500 YOU get nothing out of him. Is not
that sufficient protection Is not the time
long enough He trusted that the Conven-
tion would see that this ordinance gave no
more relief practically than the other, nor
any more than the military orders. He was
Republican all over He bad accepted
emancipation as soon as any Southern man.
Now that conclusion being sealed, there are
seventy Thousand men in this State without
land The sooner they are placed where
they can get it, the better. The census
shows that very small portion of the people
now own the soil Is this condition of
things to be kept up by relief laws2 Ifso,
there will be no relief at all. Let North
Carolina keep her faith invioiate. So soon
as the blight of Reputation sfalls on her
name, she will be dishonored forever, But
reject this ordinance, say that we will not
repudiate or delay the collection of just
debts, and that moment your bonds go up
fifty per cent on change. Let US adopt
policy that will pay our debts, divide our
land, and build up an honest, glorious State.
Mr.. Watts said that he was glad to hear
the learned gentleman from Beaufort admit
the justice of the principles of relief, and
the power of the Convention to give it,
While the cries of orphans and widows APP
pealed to, us for assistance be dibnot believe
it dishenorsble to- answer their prayers, and
would do all that he could for them. North
Carolina is not State Therefore this Con-
vention can grant relief. II she was State,
delegates might as. well take their hats and
leave this hall. We have no legal govern
ment and no legal law. That which s now
existing lives only by grace and favor. The
rebellious States forfeited all their rights
| All that they had belongs, to the conqueror
Taking that as standpoint, this Conven-
ton could pass stay-laws, for the constitu-
ton does not apply. Mr. Stevens said that
| the constitution of the United States had
no application to Territories States
only were parties to it. Then, gentlemen, if
this be law, and the settled policy, why
should we hesitate to grant relief The
The Convention of 1865 admitted that North
Carolina was no State in the ordinance de-
claring what laws should hereafter be en-
forced. And unless this Convention BIZ; ;
up those laws and reaflirms them, no court
of the land can touch them. The same
principle applies to old debts. And thus
under the old Confederation this principle
was admitted. How far will delegates then
go? He would leave each one in the hands
| &C Ii, b.,l
be cleared up at once, and if there be any
question of constitutionality, the Supreme
Court would decide it. Men may cry out
dishonesty, but when the people were strug-
CLING between hope and despair, he did not
consider it more dishonorable for North Car
Dina to repudiatc mans debts for him,
than for him to take the bankrupt law, and
repudiate them himself True no faint
should rest upon him for doing this. but he
must feel himself little lowered in his own
self-respect. When YOU drive man to the
Courts, he will eyade the law in every way
he will strive to drive away the vultures and
the wolves in order that he may pay at some
time. But when man goes into bankrupt
cy he is desperate and will never pay For
one he was not afraid of the constitutional
ity of relief laws If this Convention can
not pass them it cannot sit here He knew
that it was loyal in sentiment. but desired TO
test its legal loyalty, and to bring it upon
firm and everlasting ground. Therefore he
offered this amendment:
Strike out all included in the exception
and insert after the word except, contracts
or engagements, entered into in purchase of
real estate, when one-haf of the purchase
money has not been paid"
Mr.. Graham, of Orange, said he would
vote for the ordinance if he could be con-
WINGED of its justice and the right of this
Convention to pass it. The people were
largely in debt. He was opposed. however,
to this ordinance In the first place because
the Convention had no jurisdiction over the
matter, and in the next place because the
exceptions were uni Just. He would not
trouble the Convention with an argument
concerning its constitutionality. but would
discuss it from what was called a loyal
standpoint. And when he remembered that
this Convention was composed of men who
had never violated their Oaths to the Con
stitution of the United States, while Others,
however high their intellect, were excluded,
he could not but enquire, how delegates
could stand on that basis and vote for this
measures When the delegates swore to
support the Constitution, they were bound
by every provision of it. No law imparing
the obligations of contracts can be passed.
1t was said that North Carolina was no
State. He could prove she was, by the
uttsrarces both of Stevens and Chase. When
Mr.. Stevens first introduced the Howard
amendment into Congress, he said that the
.States always had the right to fix the cleo
toral franchise. That that amendment did
not take it from them. That is what Mr..
Stevens says, and no man will say that it is
not loyal talk. And further, he said IN the
same speech that this amendment says to
the State of South Carolina, that it
left the electoral franchise where it had
been for eighty years, but she must not
abuse it," And when the Chief Justice
came here and opened his court, he said this
was State of the Union. Now if he could
be satisfied that he could vote constitutions
ally for stay law, he might do so.-
But it was the fact that the U. s. Circuit
and District Courts and bankrupt Courts were
open, which made the great difficulty. Tue inc
fees charged in the latter were beyond the
ability of the people 1t was better he
thought to petition Congress to extend the
time of the bankrupt law and decrease the
fees. He had offered substitute in good
faith, when the question first came up, to
request Gen. Candy to take the matter in
hand. He could not see under the consti-
tuition how the Convention could pass any
stay law. Indeed Gen. Canby's order al
ready protects man worth $4,000 if his
exempted land is so valuable as that There
is also a law of North Carolina exempting
$3.50 worth of property. Besides there was
/ the Convention of law of '6a which CaYe