Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-03-05

thought necessary by those who formed
our government. to make this provision il
the United States Constitution. Ever,
word of that instrument was well con
sidered every principle was founded il
, patriotism and virtue Those who hao
fed from error, and staked all for truti
and iustice-great and good men-framet
a government in which virtue and intelli
gence were to be the powers capital
privilege, monopoly, rank, had their day
and were discarded. Upon new soil anl
IN fresh cline, government was inaugu
rated founded upon the virtue and intelli
gence of those who were of it. Very few
were rich the masses were poor anG
those who were expected to come undei
it by immigration were to be poorer still
and the whole body were dependen,
upon Industry and integrity for pros
perity. Under these circumstances, what
was necessary for the business and pros
perity of such a community If it had
been left to the control of capital, the
few who had it would have had a monup
oily, and industry and enterprise would
have been paralyzed. To prevent this Ii
tegrity was put i'll competition with capital,
indeed almost to supply its place. Every
mans word was to be his bond, and every
bond-every contract-was to be unavolda-
BILE. Not only was the capitalist assured
that if he would venture his capital for the
interest OF the community he should have
every guarantee for its safety, but the la
borer was assured that Industry should
have it's reward that in the absence Of cap
ital to "pay down. industry and enter
prise need not falter, because promise of
reward should never be evaded or impair
| ed. It will be seen, therefore, that the
provision was not SO much for the protec-
ton of capital, as for tue encouragement
of industry and enterprise 1t was ID guar
! autee of justice to all, and is expressly
against him who wonld obtain the profits
of industry, and withhold the reward. 1t
is provision in favor OF industry and
honesty, and against idleness and t; each
cry.
Probably the wisdom of our ancestors
could not be more clearly win ilcated than
it Is by the circumstances which now sur
round us. Lett be supposed that there al
in the State 2OO 600 PERSONS acting Tor
themselves: one third OF the ID, the COLI! I'd
portion, are neither creditors Lur debtors
to any considerable amount. and are de
pendent upon their labor tor Subsistence :;
and that depends upon the Invlolabill,y f
contracts. Another third, one haf Tie
whites, are small farmers aud laDorers, de-
pendent upon the rewards OF 1ndu~rry.
The other third may represent the Gre ultur
and debtor classes. Or these there ar
doubtless, merlturlOus cases Oh each Side.
On one side there may be tue eX4cnug shy
lock creditor, aud on the uthrr Tie x
hausted, unfortunate debtor. On tue one
SHE there may be the widow Or tie orphan
creditor, and on the other the snowy,
spendthrift debtor. It is Impossible to
make general rules to fit these ludl> lduel
| Il
tract inviolabie, and the hardsilps to phi
vate ad iustment. Probably the attempted
Interference in favor of one class ag hist
the other, has held out false, not TO ea,
unjust hopes, and has prevented the prl
vate adjustments which might have b, eli
made. AS it is, we find thai eight Years IF
stay laws have LETT consider ,Die md bttu-
! LESS with Interest and cost accumulated,
and creditors aud suretles Improve rished,
without any corresponding benz ii 10 the
principal deb Ors some OF WiO ctnuut
pay aud have sought relief from the Bank
rupt law and some have della, ed, and
have lost the opportunity for that relief
by reason Of the false hopes he'd out 10y
tAe stay law and some # whom will not
pay, although their meals are aduuIaut,
and are used in speculation ana eXuava-
gance.
Again: it was very well known to those
who framed our Constitution, that with
the most prudent and honest purposes,
persons would sometimes become involved
beyond their ability to pay, and that it
would be crippling industry and enterprise
to afford them no escape from misfortune;
and, therefore, the same Constitution,
which makes contracts inviolable by stay
laws, provides for a general bankrupt law,
by means of which debtor may be alb
solved from his debts and take a new
start.
Again: the laws, while they provide for
the enforcement of contracts, are not used
to the extent of expressing the debtor, for
there have always been exemptions Of
what we've deemed accessories. In our
earlier days-times of great simplicity and
small estates-we had the Exemptions of
wearing apparel, wheel aud cards, loom,
bed and furniture, ~. as our fortunes III
creased, the exemptions increased, and
provisions, furniture, &C., were added; and
subsequently, as times aud habits changed
other things were ADDED. All of which
met the approval Of the public, and Was
not I'M furious to creditors, while the debt
ors were not reduced to want, nor left to
broken spirits.
Now there is a commendable spit it which
finds expression in our new Constitution
and IN popular appreciation, to allow
homesteads; for truly we say. why allow "a
bed without shelter to keep off the rain !
But exemptions and homeoteads on the
one hand, and stay laws on the other, are
very different things. The former allows a
man to be comfortable and honest, and en-
courages industry, while the latter enables
him to be prodigate and dishonest :; the
former is for al, the latter for favored
few.
There has been no case before US requir-
ing the decision of the question, whether
the provision for homestead in our State
Constitution is in violation of the Consti-
tuition of the United States. And although
the advice of the Supreme Court was re-
quested by resolution of the General Assem-
bly,, yet our Court is so constituted, that
We have not felt at liberty to deliver any
authoritative opinion upon the subject But
the fact may be stated, that our new Consti-
tuition was approved by Congress. with
that provision in it and it is not to be sup
posed that it would have been done, if II
had been thought to be in violation of the
Constitution of the United States. AMI 1t
is settled, that every presumption is to b.
made in it's favor: as having the apDr, :Da-