Newspaper Page Text
-4- - ME NORT? CAHOLIKA STANDARD i WBDNESE, . For the Standard. REVIEW OF TUB STAY LAW. 1110(ie of Jrt; tJcJ V our forefctheni ,n( esent.:.l WgjM "n i v them .t sol- cnnly ,fter thefuriiirthto of the footed withm four fTV?tkmZS rst leg- islalive MM oiy wiiii... - , . h neriv i " -- than have been be- examination nu u.r n.hos0 nChts re stowed upon u ra . r- v SPome f so deeply affected ,,c ;,Til.,fivnd great fundamental changes in !SS sent a hr ef analysis ano. rem . l-.s.raHvc examples of ,, Wause. in my H "V J UJ the tong . feSfAtS "f 0 people and their SlJ t,l and bSst protected civil rights. u t I do Jbt not We neither foreseen nor M?n Yl S brored the law. I shall not 3 ttfiSdp but consider.it merely !i . svstcn. of policy. Section tirst pvov.des- Tht tnescvcral SupetiorCunrtsof law shell have exclusive original jurisdiction to hear, try 'and deter- mine mon all cause of a evil nature v nateve. ..i lar, which mJ require the intervention of a jury All. ... : n til I ni'il 1 f this section stood alone, u niigiu w " will, great force of argument that con.en, mvi-jurisdiction on the Superior to uts in JTJ I auer of contract, howevi-r so.all-six pence a, well M six thousand dollars. And expl. J "J ..iin 16 which enacts that "none ot the pro S th" act shall apply to the collector , o u, Urest on anv contract." &c., and by section 10, that " lerea ter all civil warrants issued by Justices of the Peace shall be made returnable for trial twelve months after dale," the true construction Will, per ",ps lie m the conclusion that in .11 suits upon debts and demands, except for the recovery ol in terest, the Superior Courts and Justices of he Peace have concurrent jurisdiction, but it WB were so, the change though very great, the eyU w so XtnVll compared with those other evils which he act brings into existence, that I should consume the reader s time very much amiss if I were to invite hit,, to consider it ; although the costs of most suits in that Court would far exceed the sum sued for. The second section of this law provides " That there shall be but one term of the said Su perior Courts of law and equity, opened and held in each of the counties of the State, in each year, which shall be holden at the times and places now required l,v law for holding the Fall term of said court, and all laws rffluii ing the holding of the Spring term of said courts are hereby repealed." The obvious purpose of this provision is to excuse the debtor from fulfilling his obligation to pay money. Hut, greatly demoralizing as in this res peel nut necessarily be its effect, it is still more virions in its effects upon public order upon the liberty of the citizen, and his personal security ; up on the safety of hk home, and his property in his actual possession, whether in lands, or slaves, or other estate. They are fatal to public order. No maxim among law givers is better established, than that speedy trials and punishments for crimes, are the best zu'aratitees for public order. Delay's of justice invites violence and crime of every grade. It is true, the County Court is open fur the trial of the smaller misdemeanors, but a large number of crimes is cog nizable only in tha Superior Courts, The times i atura.lv enoucn muiuuj hihuwib " r"-.' , ..nioi,-.' and trhin sno-etv finds the arm of the law I nerveless or paralyzed by long delay, it is sure, n self-defence, to organize irregular tribunals, which punish by lawless trials and unmeasured revenge. If in the outset it should, in obedience to a long cherished veneration for the law, await with pa tience the slow coming of the Court, it will be doomed to disappointment ; for, when finally the long delayed Court arrives, the week'is too short to dispose of the cases, and a trilling escusc serves to postpone the trial. The criminal is-sent forth again to his depredations, and tramples with impunity on the prostrate law. If tha offence charged is capital, and admits not of hail, the suspected man, innocent though he be, is confined to a dungeon for twelve months before he can demand a trial and even then there may not be lime to try him, or the State may continue the case, and he is doomed to suffer another twelve months in the dungeon. And as to the civil suitor, who seeks to recover the price of his land, his slave, or his horse, which are in the use and possession of the defendant, what chance has he to be heard, with a docket loaded down with criminal prosecutions and all the civil suits of a county containing twenty thousand people? It may be that the defendant is a gross trespasser, holding with force your very home, into -vhich he has flipped in your absence; he may have seized your slaves with a strong hand, and still holds them in lawless defiance of i be clearest right. lie may iiavc assaulted-nnd disabled your person, whose on ly estate was your labor, and that labor the support fa wife and children; he may have murderously slain the husband and father of a helpless wife and lulant orphans, and damages be sought for the out rage : he may have slandered a poor and virtuous leuiale. Yet against the cries of justice for any and all these wrongs, this act has shut up the Courts, in order to screen a debtor from paying lit jutt dehtn! Can virtue, honor, religion, or true courage lonj; dwell in a lard where private rights are so scorn ed, and personal security so utterly abandoned '! If a man die possessed of a competent living for his wife and children, the executor or administrator is sworn to sell the property on a credit, and to take the hid of him who gives the best price; and he is driven to a twelve month Superior I ourt as his only chance to get the money. This act covers the studied attempt of the buyer t evade his just obli gation, and leaves the widow and orphans without bread. Is it a wonder w ith any man of sense, that with such temptations and encouragement to delay payment, every man should put away his money, and butlon his pocket against every application for loans The hanks will answer this; question. Within a few months, the deposits of ono of the banks in this State have increased from $500,000 to $1,300,000. Such will be the answer of all the banks. More money within a few months ni hns been issued and sent forth, than has been for manv years before, and yet it returns as rapidly as it art ... . went vui. .itvaw; iino (.lagnttit"! mi circulation in payment of debts and destroyed all commerce ex cept for cash ; and money is ruled by the adage, " get what you can, and keep what you get." ' Section third provides "That all actions brought in the said Superior Courts of law and equity the defendants shall not be compelled to plead thereto for twelve months from the return term." It is certain that the extended time for pleadine was not given to defend but to delay the right h not the better to administer justice, but to evade it by openly preventing the very forms adopted by all civilized people to enforce, it. For nearlv a cen tury, legislation every where has been engaged in freeing justice from the quibbles of pleadine This act resorts to the condemned quibble for the m purpose of delay. Without reckoning the chances of one continuance, or the death of a party the speediest course of a law-suit will be as follows- Writ issued in November 18G1, will be returned to Oct. '62, and will be pleaded to in Oct. '68 ; preach ed on the docket will be tried in Oct '64, and the money paid in Oct. '05 unless there is an appeal to the Supreme Court held in June '65, when th money will bo made in June '66. This is equal to a credit of five years, and is given expressly to pro duce this long delay, by a legislatuie who profess to have sat under the control of a supreme and sa cred charter of liberty, which forbids the passage of any law impairing the obligation of contracts. Now add what is so commonly the case in the his tory of a law-suit, one continuance for a crowded wcket, ono for a pretended or real cause, and one ! .iN nd tho credit 8 years ! 1 ! In addi imn to all this, section 4 denies trials of all cases CnnrV6 at the pMMBe of the in the Superior Pemr.1n7etr,,?Uh0Jugh 80,ne may have been cum,.8 eay ,hlf dozen- If nder such cir Cmr?;k "d-t m- SB! lend Or in, oh.... x. i . t, -u' " " "surer uemand 20 per cent. ""'w lane on 50 per cent, it will be no matter of wonder. If the people ahaHopneWer this act as a vast stridejvrde the cancellation of debts, (that wicked demagogubnn so often attempted in the most corrupt days of the Roman Republic,) there can be no cause for astonishment. If the cash sys tem of trade is brought on tire Mple at onoe, sind at a time, too, when confidence ought to be nJ5nur aged by overy legitimate mode, can any be so ohnd as not to perceive who arc its authors t The suc ceeding sections, 4-and 5, in order the more fully to complete the delay on the larger contracts, alM.lish the civil jurisdiction of the County Courts, and re move all the suit pending therein to the Superior Courts ; and after augmenting the number of cases in many counties to 5 or 600, forbid the trial of all causes thus removed, till twelve montlis thereafter, although the pleadings are perfected and the time for trial shall be ample. And as the finishing touch to the plan for hindering and delaying the trial of owes, the act finally reaches out its hand and lays hold of the poo- man's cheap Court the Jutlices' Court and delays the trial of a one dollar cause for 'twelve months I And if then tried the defendant may appeal to the Superior Court, which may be a year ott. At the Superior Court the defendant is required to plead, and the case will stand over for one year more. So that if a defendant is warranted for the sum due on a witness ticket to a poor man who has been com pelled, by fear of a fine of $40 or the pains of an attachment, to attend and pay his own expenses for travel and board, and his case shall go to the Supe rior Court for trial, he will, with the best possible luck, if his cose is reached at thejirxt trial Court, get a judgment in the third year, and his money in the fourth, provided the sheriff! will do his duty, and the party may not have failed. For, it is a strange enactment of this section, that without an affidavit of merits, any defendant, who will swear to his in ability to give seourity, may without security appeal in the plainest case. Whereas, by a long establish ed practice of the courts, no pauper can even com mence a suit without security, unless he swears both to his pauperism and the merits of his cause. So that few men certainly not a poor man would ever begin a suit for a witness ticket, or for a mouth's wages. Indeed few men would be surety for a de fendant in such a protracted litigation; and it would be easy therefore, for hiin to make the affidavit of inability to give security, though then perfectly able to pay the debt. It is plain, then, how the stay law tempts the debtor to defraud the poor and necessitous man out of his time and money. But, if there should be no appeal, the witness may expect his judgment in twelve months and a recovery of his ticket to pay his tavern bill in one year more. In most cases, however, it is obvious that the constable who served the warrant would never finish the collection; and whenever finished, a suit on his bond for the money withheld would, being a litigated suit, run through half a dozen years more. If King John, of England, ever favored such a law as this, well warranted were our sturdy Eng land ancestors, when at the point of the sword, they exacted of the crown a perpetual promise that justice should never be sold never be denied never be delayed. The act after having denied a trial for four, five, or six years of undetermined cases, proceeds in the next place to stay the end of determined cases. It i is an old maxim, the foundation indeed of all the ! value of a court of justice "interat reipttNira, 1 tit finis litiuui." "It concerns the commonwealth I that litigation should be speedily and effectually tcr- j minated." But this act resuscitates the expiring controversy and infuses into the dying contest, a Dew and fresh vigor of life. It commands that the execution shall not be satisfied ; that the fruit of long delayed justice which has been duly and sol emnly awarded, shall not be received and enjoyed by the injured party. It directs the Sheriff to en dorse his levy upon executions and return the same to the court whence issued, and thereupon, it com mands the clerk to issue a rend, exponas, or alios fi. fa , returnable twelve months thereafter. The debtor, the trespasser on your person or land, the slanderer, and the thief who may have stolen your goods, and been convicted thereof in action of tort, arc nil huddled together and allowed to enjoy their unjust gains and delay compensation lor their wrongs, to the great loss of the injured man, for one year longer. Such is the condition of all plaintiffs, however mciitorious their demands; and such the privileges of wrong and outrage, however palpable and crying the injuries may be, even if the defandant shdhld be bound to remain in the State and abide the ulti mate and long delayed event of the suit. But the act strikes a hidden and secret blow, the consequences of which arc protective of wrong, disas- trous to right, and work a perfect revolution in our mode of administering justice. It enacts that no execution of CO. ta. shall issue. Does not this shot- j ish all bail? Of what use is bail? How can the j bail bond be forfeited, it the issue of the ca. sa. be ' prohibited? Did any member of the Legislature ! contemplate so radical a change of the law as to dis pense with bail in any and all actions? I doubt whether any one of ihcm would admit such to be their intent ; and yet who of them can tell us the value of bail now? Let us try the question. xn insolvent person is sued for violently seizing and carrying away your slaves, or your horses ; lie has sold them and given bail while he holds the pro ceeds of sale in his pocket; a judgment after six years is obtained he has no visible estate on which an execution can be levied, but he has an abundance of invisible estate and is rich in bonds which the Sheriff cannot seize, what means are left to compel him to apply a cent to the satisfaction of the recov ery ? If a lawless and insolvent man choose to lay violent hands on your personal estate, and is pro ceeding with it out of the State, and you resort to the law for redress, of what use will be your writ of capias ad respondendum? If he gives the best bail, his body is exempt from seizure, and so the bail is released. If your debtor, residing in a distant land, shall come hither to remove all his property beyond the jurisdiction of the courts, by w hat means will you secure your debt if he will defy you ? Will you take an attachment? If you do he will replevy by . . ... , . , ., A . i ... giving vail; ana as tne oau cannot, oe ruijuiruu iu surrender the body, the replevin bond becomes the merest farce. This provision requires a citizen of this State to surrender his debt, his damages and all compensations for wrong, though contracted or perpetrated within its limits, unless he will follow the wrong doer and his property to his distant home for redress. Such are the necessary effects of one of the many stupendous changes in the administra tion of justice introduced by the stay law. It is true, that in some States bail is abolished upon cer tain conditions; but invariably some equivalent se curity is substituted. This act offers none, It opens wide the door of temptation to fraud and ra pine: it encourages the perpetration of every in jury to private right, and a defiance of every court in the land. The law, intended to be the just protec tor of all, is now made too weak to defend any man, or any cause. Did the people demand this mighty change of the Legislature? The effects of the act maybe summed in this: It removes tne snieia of legal protection from the person ; it depreciates all contracts ; it renders insecure all personal and moveable estate, and invites permanent trespasses on all real property. Let us take another step in the review of the stay law. Section twelfth provides " That all deeds of trust and mortgages hereafter made, and judgments confessed to secure debts shall be void as to creditors, unless it is expressly de clared therein, that the proceeds of sale thereunder shall be appropriated to the payment of all the ebts and liabilities of the trustor or mortgagor, equally pro rata." It is obvious to every reflecting man, that the most efficient stay law that can be devised, will lie m a policy which encourages forbearance, while it tolerates and invites, by the best security at hand, all useful and convenient trade. Such were the in tent and effect of the stay laws of 1788, c. 6., and I vj ine only laws or tnis character ever passed th tate wh'cn wo have ftny knowledge. But ;?18.a(r; after unreasonably delaying for many years tne lulhlment of contracts and driving money from circulation, and causing a general hoarding by every man who can get it, has even prohibited the credi tor from securing his debt by a deed in trust or mortgage (though freely 0ffered by the debtor,) and forced the former to sell under execution whenever such sale may be allowed, and constrained the Ut ter to sacrifice his estate by actual sale whenever he may need money to buy food, pay an honest debt, or bury a deceased child. ExtraorAin.w . ft ' appear, the act, while it allows the owner himself to selilt and epply the proceeds M he my please, prohibits him from conveying it in pledge, either to raise meneopav a debt, or to seenre the pries-jof the very pi7!ey bougbtsnd proposed to be pledg ed as the si curity for its price, ' The following aw. examples of jooae of its many unreasonable fruits: I. If a debtor be under exe cution, his lands, slaves or crops may be sold to sat- I isfy tho debt, yet ho is not allowed to convey it in trust to secure tho debt and postpone the sale, " unless it is expressly declared therein, that the proceeds of sale shall be appropriated to the pay ment of all his debts and liabilitm.' This pro vision leaves the creditor no alternative but to sell, unless he will subject his debt to the hasard of be ing paid pro rata with every liability of the debtor, as well those in whicfi he is surety only as those which arc his own debts. 2. If a debtor who is such, either as principal or only as 6urety, wish to purchase a tract of land, a slayc or other property a poor man, a horse to till bis crop for instance he cannot even pledge the particular properly bought, to secure its price, unless he subjects the property to pay all the liabilities with which be may be charged either as surety or principal. Yea, be can not secure his own sureties without being compelled to secure at the same time and on equal footing, the debts wherein he is surety himself. 3. If a man would borrow money to pay his taxes, State or Con federate, heavy as as they are, he is unable to do so, because the lender will not trust the slow delays of the stay law for its return, and the debtor can not confess a judgment or make a deed in trust, without subjecting himself to be sold out to pay all his liabilities of every sort No, he cannot even give such a lien on any of his property to pay the lax, though his work horse or milch cow may be sold, and must be sold by the tax gatherer to pay it. 4. If a debtor before the passage of this law shall have made a deed in trust to secure a debt, and the property conveyed shall not, in the depre ciation consequent on the times, be sufficient to pay the debt, and there is not enough property besides the estate con-, eyed in trust to pay all his other creditors, yet enough to put them pro rata with the debt already secured, and he desires to do so, yet he cannot. For, if he makes a trust or confesses a judgment, all the property conveyed or bound is devoted by the stay law to pay all his debts, inclu ding, of course, the debt secured before the pas sage of the act So that this debt stands unaltera bly favored, and while it takes all conveyed iu the first trust, shares equally in the second. Considering what a law-abiding people we have been, one would have supposed that the stay law would have been content with the delay consequent on abolishing the civil jurisdiction of five out of six courts, reducing the time of holding the courts from six weeks to one, and giving but one court a year for the trial and hearing of all cases at law and in equity ; and then also, forbidding a debtor or purchaser to give any lien on property to raise a dollar, or to secure tho purchase money, unless he would piovide also for debts wherein he was only obliged as surety. But not so ; the officer of the law is insidiously approached, and the stream of justice is polluted at both ends. The stay law found a long standing statute, a century. old, which imposed a penalty on any sheriff who should wil fully fail to execute "process" deliveied to him in due time. The stay law, not content with the en actment of its own extraordinary delay of four, five, or six years, repeals the old law, as to every fine incurred since the passage of the stay law of May, and also as to every line thereafter incurred by rea son of omitting to execute process. Now, the term '"process" includes both tlie beginning writ, which brings a defei dant into court and commences the suit, and the concluding writ of execution which brings the money into court. So that the sheriff is quietly approached and assured that if he ne glects to execute either or both, he will be in no danger, except what may befall his conscience, in j the violation of his ttticial oath. It is pVobable, (and some have charitably supposed so) that the act ! was intended to pardon only the penalties which had j been incurred, or miht be incurred, by sheriffs who may have acted under the supposed validity of the stay law of May. But the language is too cx plicit to admit of such construction; and the source of the charitable interpretation is to be found only in the enormous outrage offered to justice by the adoption of the true and contrary construction which follows clearly from the words of the statute. The I sheriff is now for the tirst timo in a century rc- i lieved of all legislative penalty, if he wilfully ne glects, out of friendship to a friend or enmity to a toe, to serve a writ to bring the defendant to court So that after one-sues, there is no certainty his writ will ever be served ; especially if the debtor is the officer's kinsman, or friend, or an influential man. No suitor, therefore, can reasonably calculate at what time after the writ is issued the defendant will be j in court And even when the judgment, aiter years of delay, may at last be rendered, and the lir.al pro cess of execution shall come to hand, the officer is : informed that he incurs no penalty if he shall refuse to make the money. Or if he makes it and returns satisfaction, and withholds the money or if he neglects to make the money, and a suit is brought against him and hissure tics, the delayed and sickened plaintiff, (or most likely his executor or administrator.) must tread over again the mazy round of another suit conduct ed under the machinery of the stay lain. this suit in all probability is destined to end its career in like manner. During all these many years, the suitor is taxed to support a judiciary established peaceably to protect and effectually to defend his il rijrh But if it was not the intent of this law to repudi ate all past and future contracts by the force of a legal chase around a never-ending circle, and there be left really any law to compel the sheriff' to an upright discharge of his duties, it is a most difficult thing to advise the officer how to proceed so as to secure himself, and at the same time give the indul gence intended for the debtor. Thus the act re quires the sheriff as ajso the constable, to levy exe cutions, issuing on judgments rendered before the passage of the law, on property sufficient to dis charge the debt and return the levy to the succeed ing court, and then that a rcntl. exponas shall issue returnable twelve months thereafter. To a proper understanding of the operation of this section, it is necessary to bear in mind the nature and effect of a levy. A levy on land is a very different thing from that on personal estate. When land is levied or, the law does not require the officer to enter, take possession and turn out the proprietor, but simply to endorse his levy thereof on the writ. Indeed it would have been superllunus to require more than this, because the land cannot be put out of the way. But very different is the case of a levy on personal ty. The law requires of the sheriff to seize and take into his possession and hold adversely against the possession or occupation of the owner and all others all personal estate, which admits of such exclusive possession. Thus the sheriff is required to take in to his possession when levied on, slaves, horses, cat tle, hogs, sheep, corn, wheat, tobacco, household furniture, and every tangible and moveable thing; and authorizes the officer to take the articles away for safe keeping till the day of sale. This is allow ed to be done because the officer is liable for the value of the property levied on from the hour of levy ; and if removed out of his reach by his allow ing it to stay with the owner, he is responsible for its value to the creditor. And if he negligently al lows a stranger to take it away against tho consent of the owner, the execution is discharged as to the debtor himself, to the extent of its value. Hence when such property is once levied on, there is no need for any other execution to issue. The sheriff may sell at any time during his life, in or out of of fice ; and if he die, his executor or administrator may sell. The Legislature has commanded the of ficer to levy and return the execution to the court " without making a sale." This command does not relieve the officer of his duty to take charge of the property levied on. It is as much in his possession and under his absolute control after this stay law as before ; and the officer's responsibility is not in the least diminished. Upon his death the property will go to his executor or administrator, now as before. The command, therefore, to return the levy, only prolongs the time of sale and does not change the nature and effect of the levy, nor the legal right of the officer to the property levied on ; and by the lety the officer is the legal owner. Such has been our clear law of a levy ever since the settlement of the colony, and ever has been and is now the law of England, and perhaps of every State in North Ame rica, Upon this necessary legal incident to a levy of personal estate is crafted -he lone standine law I still in full force, CRev. Code' chap. lec. 25, 26.) aum uitmiuuiji vuuri snau uiase a reasonaoie ai- lowahce to officer fot keeping and maintaining horses, cattle, hogs, or sheep, and all other proper ty, the keeping of which may be chargeable to-them, taken into their custody under legal process ; and such allowance may be retained by the officers out of the safes of the property, tit preference to the sat isfaction of the process under, which the property was seized or sold ;" and the officer shall return the account for such keeping with the execution " un der which the property has been seized to the jus tice or the court to whom the execution is returna ble P Again.it is our express law, (Rev. Code, chap. 45, sec. 2, and chap. 83, see. 16,) that when any execution shall come to the sheriff or constable, " he shall proceed to levy the same upon the goods and chattels of the defendant in the tirst instance, if there be any." " The stay law does not change this provision, end therefore the officer is bound to seize in execution the debtor's goods and chattels and other moveable property, if there be any, and let the land alone. Now let us suppose an ordinary case of execution against a farmer who has no slaves, but stocks and crops of various kinds. The officer is bound to seize the horses, cattle, hogs, or sheep, or the corn, wheat, tobacco, oats and peas of the defendant, and keep them till the court to which the execution is return able, and endorse the levy and seizure thereof on the execution and return it without making a sale. Such is the express command of the stay law Sea o. ;) and thereupon the clerk is directed to issue a ceruL exponas returnable twelve months thereafter. The tend, exponas does not release the property from the control of the officer; and if he indulges twelve months longer, (as seems to be the purpose of the law,) he is obliged to keep the property till the day of sale. In the mean time the grain will be ruined, and the cost of keeping the stock will be greater than its"value. The debt of course will re main undischarged, and the debtor w ill lose his pro perty without paying his debt Such necessarily will he the result if the officer gives the indulgence seemingly intended by the stay law. Buf suppose the officer allows the personal estate to remain with the defendant, of what benefit can it be to the deb tor if it may not be consumed ? Of what benefit can the levy be to the creditor unless it may be sold ? It is one of the best settled duties of the officer to sell without delay, as early as he can after giving notice, all such estate as is liable to loss or depre ciation in value, because thereby the largest value is obtained both for the debtor and creditor, and the officer is relieved of his onerous responsibility. A familiar instance of this care and foresight of the law is found in the attachment law, chap. 7, sec. 6, which provides for the sale of perishable estate even before the judgment is obtained. If, therefore, the officer may not, in consequence of the stay law, sell before, or at the return court, it is obviously his du ty to sell immediately after that court, whether a tend, exponas issue or not flf he do not, and the corn ,s consumed, or the stock die, or any of the articles be removed beyond his reach, he is liable to the creditor for the full value ; and if he holds and keeps tho property without sale and there be any loss thereby, he is liable to both. In one way alone then can the officer act both in obedience to the law and with safety to himself; and .that is to sell as early as practicable. He will be forced to do so. Now let us see what results: The sale is made so soon as the rend, exponas comes to hand, nrrfl the money is heW by the officer for the residue of the twelve months, without interest to the creditor. If kept it may depreciate and become worthless ; and so the creditor may be ruined by the delay without its being any aid to the debtor. But a sad evil w ill spring up in the demoralization of the officer by the temptation to use the money himself. 1 shall close my comments upon this most extra ordinary of all laws known to the history of the State, by noticing the matters excepted from its operation by sections l(i and 19. The former of which provides that the law shall not "apply to the collection of the State or county revenue." And the latter that it shall not "apply to the collection ol interest on any contract already accrued or an nually hereafter to accrue." In regard to the first it was wisely considered that all the public functionaries should be promptly paid, and the Judges even lully paid, though one lialf their services were dispensed with ; and there fore a creditor's property should be sold to pay his tax, although he was prohibited from collecting by process of law, a dollar that might be due him in order to save that property from sale. In regard to the second, it was also thoughtfully considered, that inasmuch as one man had laid out his means in lands and slaves and annually got the yields of the earth, and another had lent this very man all his money wherewith to buy his land, he ought to be at liberty to collect, as his means nf liv ing, the interest on the money lent. And this was right Now I say this was thoughtfully considered, but was it thoughtfully considered, and was it right so utterly to neglect and pass by the laboring man's means oi living ? His land is his labor, his capital the industry of his hands his means of liwng the sweat of his face ; yet he may earn by hard toil the wages of a day, a week, or a year, and rely on them to feed his wife and children, but now can find in all the statutes of the land not a line of law that helps him to a speedy recovery of his humble dues. The stay law has unfeelingly shut the door of justice in his face ; and when he demands his scanty wages of the owner of lands and slaves, or the lend er of money, for whom he has labored, he is coldly turned over by the stay law to the delays of a three years' suit before a justice of the peace to get five dollars. DAVIE. November, 1861. A SPEECH FOR ALL TIME. Our attention has been called says the Fayetteville Observer to a speech delivered by the Roman Consul Paulus Euiilius, in the year A. M. 3S36, a little more than two thousand years ago, which the His torian Rollin has preserved (vol. 4, page 217 of Lip pincott's Library edition.) It is so admirably ap propriate to the present time, when we have so many generals who stay at home and advise Lee, and Beauregard, and Johnston, as to the best mode for conducting their campaigns, that we arc tempted to copy the speech entire. It is not equal in length to a stump or congressional speech of the present day, but is rather superior in quality to most of them. The speaker had just been chosen Consul, with special reference to his taking the command in the existing war with the Macedonians, and the following may Tie called his " Inaugural Speech." : " You seem to me, Romans, to have expressed more joy when Macedonia fell to my lot, than when I was elected consul, or entered upon that office ; and to me your joy seemed to be oc-asioned by the hopes you conceived, that I should put an end, worthy of the grandeur and reputation of the Roman people, to a war, which, in your opinion, has already been of too long continuance. I have reason to be lieve that the same gods, who have occasioned Mace donia to fall to my lot, will also assist me with their protection in conducting and terminating this war successfully ; but of this I may venture to assure you, that I shall do my utmost not to fall short of your expectations. The senate has wisely regulated every thing necessary in the expedition I am charg ed with, and as I am ordered to set out immediately, I shall make no delay ; and I know that my collea gue, C. Licinius, out of his great zeal for the public service, will raise and march off the troops appoint ed for me, with as much ardour and expedition as if they were for himself. I shall take care to remit to you, as well as to the senate, an exact account of all that passes; and you may rely upon the certain ty and truth of my letters ; but I beg of you, as a great favour, that you will not give credit to, or lay any weight, out of credulity, upon the light reports which are frequently spread abroad without any foundation. I perceive well, that in this war, more than any other, whatever resolution people may form to obviate these rumors, they will not fail to make impression, and inspire I know not what dis couragement There are those who, in company, and even at table, command armies, make disposi tions, and prescribe all the operations of the cam paign. They know better than we where we should encamp, and what posts it is necessary for us to seize; at what time, and by what defile, wo ought to enter Macedonia ; where it is proper to have mag azines; from whence, either by sea or land, we are to bring provisions, when we are to fight the enemy, and when lie still. They not only prescribe what is best to do, but for deviating ever so little from their plans, they make it a crime in their consul, and cite him before their tribunal But know, Ro mans, the effect of this is very prejudicial to your generals. All have not the resolution and constancy of Fabius, to despise impertinent reports, fie could choose rather to suffer the people, upon such un happy rumors, to invade his authority, than to ruin aflaira, in order to preserve their opinion, and a empty name. 1 am for from believing, that generals stand in no need of advico ; I think, on the contrary, that whoever would conduct every thing alone, up on his own opinion, and without counsel, shows more presumption ihart prudence. But some may ask, now then shall we act reasonably ? In not suf fering any- person to obtrude their advice' upon your generals, but such as arc, in the first place, versed in the art of war. and have learned from experience what it is to command ; and, in the second, who are iipon the spot, who know the enemy, are witnesses in person to all that passes, and share with us in all the dangers. If there be any one who conceives himself capable of assisting me with his counsels in the war you have charged me with, let him not re fuse to do the republic that service, but let him go with me into Macedonia ; ships, horses, tents pro visions shall all be supplied him at any charge. But if he will not take so much trouble, end prefers the tranquility of the city to the danger and fatigues of the field, let him not take upon him to hold the helm, and. continue idle in the port The city of it self supplies sufficient matter of discourse on other subjects ; but as for these, let hira lie silent upon them ; and know, that we shall pay no retard to any counsels, I ut such as shall be given us in the 1 camp iise:i. The Historian adds the following appropriate re marks: "This discourse of Paulus milius, which abounds with riwson and good sense, shows that men are the same in all ages of the world. People have a propensity for examining, criticising, and condemning the conduct of generals; and do not observe, that doing so is a manifest contradiction to reason and justice. V hat can be more absurd and ridiculous, than to see persons, without any knowl edge or experience in war, set themselves up for censors of the most able generals, and pronounce w ith a magisterial air upon their actions ? for the most experienced can make no certain judgment without being upon the spot ; the least circumstance of time, place, disposition of the troops, secret or ders not divulged, being capable of making an abso lute change in the general rules of conduct. But we must not expect to see a failing reformed, which has its source in the curiosity and vawity of human nature ; and generals would do wisely, after the ex ample of Paulus Emilius, to despise these city re ports, and crude opinions of idle people, who have nothing else to do, and have generally as little judg ment as business." Aock .He to Sleep. The subjoined piieie is one of the must beautiful we have ver seen. We du nut envy the heart which dues nut tbnll to its wild and tender music: Ituckirard. turn backward, oh, time in vour flight, Muke uie n child apiin, just for to night ! Mm her, co, ne back Rom the echoless shore, Take me a'gain to yur heart as of Tore Kiss from my forehead I he furrows' of care. Smooth the f-w silver threads out of niv hair Over my slumbers your loving watch keep Rock me to sleep, mother ruck me to sleep! Il.ick-ard. flow hnckwaid, xh, tide of years! 1 urn so wary of toil m,d uf tears Toil without recompense team all in vain Take then, iiid give me my childhood again ! I have grown wenr.v of dust and decay. Weary of flinging my soul-wealth awav Weary of sowing for others to reap; Rock ine to sleep, mother rock uie to sleep! Tired of the hollow, the hasp, the untrue, Mother, oh mother, my heart calls for yon ! Many a summer the glass baa grown green, H'ossou-.id and faded our faces between Yet with str.mg yearning and passionale pain, jon,r I to-night for your presence again! Come from the silei.ee so long and so deep Roes lue to sieep, mother ruck me to sleep. Over my heart in days that are flown, No love like a mother's love ever has shone No oilier worship abides and endures. Faithful, unsellish, and patient like yours. None like a mother can charm away pain From the ick soul and wurid-wearv brain ; SI umber's soft ca'tn o'er my heavy lids creep Rock me to sleep, mo'her rock me lu sieep! Crme let your brown hair just lighted with gold, Fall on your shoulders again as of old Let it full orer my forehead to-niglit. Shading my faint eyes away from the light For with its sunny-edged shadow once more, Hap'ly will Ihrong the sweet visions of yore, Iiiivingly, softly, its bright billows sweep Bock me to sleep, mother rock me to sleep! Mother, deir mother! the vcars have been long Since I last hushed your lullaby song Sing thcu, and uuiu my soul it shall seem Womanhood's years have been hut a dream; Clasp lo your arms in a living embrace, With your light lashes just sweeping my face. Never hereafter to wake or to weep Rock me to sleep, mother ruck me tu sleep! Ttie words were written by Florence Percv, and were subsequently set to music bv an eminent American com poser, whose name we do not remember. It is a beautiful ballad, and is winning its way to hosts of admirers. We are glad of the success, tor it is but seldom that words aud music are so happily wedded together as in this instance Il deserves a place on every piano. ifaskeUU Banner. From the Petersburg Express The NoKTH-C.VBOLisa State IIospital. This building, situated on Perry street, within a few varus of the Southern Railroad, has been nearly, or we may say entirely finished ; and we are con vinced that it is the most convenient institution of its kind in the South. The building is three stories in height, the two upper being divided In three wards each, and the lower one two wards. The mast perfect heating arrangements have been made, and each ward will be made as comfortable as the most pleasant private chamber. And then, too, there is gas extending through the whole hospital, aud hot and cold water carried to each floor, connecting with bathing rooms and other places. To the right of the main entrance to the hospital is tho private office of the surgeon, while opposite is the apothec ary, filled with the most useful and necessary medi cines. Adjoining this is a room designed for the accommodation of several students, who, we are informed, will be in attendance to study at the bed side of the sick. Attached to the first floor of the building is a large kitchen, supplied with a cooking range and one or two stoves, from which meals can be supplied to upwards of 300 persons. From the kitchen a dumb waiter ascends and descends, carry ing the food for patients to the two upper stories, and bringing back the dishes, plates, c. An ap paratus is also constructed by which patients are conveyed in a suitable car from one floor to another, instead of being carried up and down the stairs by hand. In the yard there have been built several rooms for the nurses, a laundry and a dead house. Noth ing in fact, is wanting in the whole establishment It is under the management of a skillful Surgeon, and accomplished and attentive assistants, and most experienced nurses will watch over the sick. The hospital is now ready for the reception of patients, and we understand a number will shortly be entered. About one dozen, from Col. Ransom's Cavalry, were received yesterday. About 250 or 300 can with ease be accommodated. The greatest credit is due to those who have had the alteration and re-arrangement of this hospital. They have shown a talent and taste worthy of emulation by all who have the construction of such buildings in hand. The hospital will ho under the general manage ment and supervision of the Governor of North Carolina, and the Surgeon General of the State, Dr. Chas. E. Johnson. The immediate attendants are : Petek E. Hikes, Principal Surgeon. Haktet L. Hines, J , ,. o P. M. Henderson-, Ass't Surgeons. Mrs. O. G. Kennedy has been appointed matron, to be aided by two assistants. Hon. W. A. Lake. This gentleman, lately killed in a duel a few days ago, had for more than twenty five years been a member of Christ Church, Episco palian, In Vicksburg. The vestry passed resolu tions expressive of regret at his loss. One of them reads as follows: "That deploring the death of Mr. Lake, and regarding it as a personal calamity that has befallen each one of us, we deem the occasion an ap propriate one to express our solemn condemnation of that code of honor to whose false teachings our lamented friend fell a sacrifice." A brother of Gen. D. II. Hill of this State, Cap. H. P. Hill of Miss, and a son of Gen. Pettus of Miss, were wounded in the battle of Leesburg. It is thought that Hon. J. O. Breckinridge will be offered a command in the Confederate Army in Kentucky. The New York Tribune asserts that the Herald keeps a secession flag stowed away in its office, ready to hang out on the tirst important reverse of Fed eral arms. Patiko Dsns.--" Men .1, . oansrupt laws in the universe can never Zi. -! nght for them not to pay their debts lL?r this neglect as clear and as deserving chore cp fine, s ,n stealing or Use BWear& - 2 t violates his promise to pay, or withhofrk Who ment of a debt when it Tin his powVrt tnllT engagement, ought to be made to fee th ? ; sight of all honest men he is a swindl, r ,1 " the may be a very comfortable cloak under wShT hide; but if relhrion nni crich to justly i.,M . : TS a man it is not worth having." 'deal Mr. Henry Hardimr of R.,f.t . ner,y Rucceeled jn mot0 makes ten companies fiom that counfv. J' h'8 DIED. in this Citv. on ,K su, u At his residenep short illness, Mr. Robert E. Will!m. j ..L. a " mo yjlll.lll no VS i ..14 .... ed bv all who eniov Z3SE,,T.."W esieem- jc n nun iritna ft irinrf m,;kk... i , and 'three chiWrenTuST" " their irrepMiable loss. 1 conuex.ou to ,lluilra At bis residence in Kinstnn, Lenoir cnuntr on ti, , age. ,,,.,KI,,,,. . i- j . 1 of Lenoir comity. The memory of ifcV SeeeaUdJK lone cherished in lhn kni.,j. t :...i be "I'S"!"'! . Diueerc iriena. nn fur man. - and friends, who mourn their irreparable lo : - . v. i, iuiiE u i r i t' ,ii iv. .. i . .i..:. : T, , ' 'vuuives K. NOTICE. TAKEN UP AND COMMITTED TO THE IAII n Cabarrus county, on the stb darof September "f a negro BHy who says b is name is M pti nnn t li.it i. ' . Vp hyJ'I r"e of tJosePh Vicfc. ' Kown.be 2 wwm v. aiuiu UV 13 HDOUL nf Sr. vanr- ..I i court dark, live feet 10 or 1 1 inces high, and very sensibfc! 7V owner is .equated to come and prove the prope.iv 2l charges and Hike him away. 1 W i away. J. L. BUNDY, Sl.'ff. 44 wit Concord. N. C., Oct. 2, 18R1. SEQUESTRATION NOTICE HAVING BEEN APPOINTED BY THE BON ASA BiGGS. Judge of the District Court of the CM erate Mates of America, for the District of North O irl".,' the RECEIVER for the Counties of Cb .than,, Moore St dolph, and Montgomery, in said State, I hereby notilV eve ry Attorney, agent, former partner, or Trustee, or other person holding or controlling within said counties mr lands, tenements, or hereditaments, goods and cliaitels rights or credits, or any interest therein, of or for anv alien enemy uf ihe Confederate States of America, iBeedilrta inform me of the same, and to render to me an account thereof, and, so far as practicable, to pav over the same m me, or to place the same in my hands. "Any such purs, n willull.v failing to do i, shall be guilty of a high nusd.. meanor, and upon indictment and conviction, shall be fin, d in sum not exceeding live thousand dollars, and iuturi . oned not longer than six months, and thall further he l-ible to be sued by said Confederate States, and (objected In pay double .he value of the estate, property or effects of the alien enemy, held by him, or subject to his control I also notify each and every citizen of the Confederate Males speedily to give information lo me. (as he is required by law to do.) of any and all lands, tenements, and heredit aments, goods am) chattels, righls and credits, within the said counties, and of every right and interest therein held owned, und possessed or enjoyed by or for any such alien enemv. My office is at Pittsboro', Chatham county N C JOHN MANNING, Ja, Receiver for the counties aforesaid. October 25, 1861. 41 wSu SEQUESTRATION NOTICE. HAVING BEEN APPOINTED By THE HON. ASA BIGGS, Judge of the District Court of the Con federate States of America, fir the District of North Caro lina, the RECEIVER for the Counties of Northampton, Chowan, Gates aud Hertford, in suid State, I hereby notify every Attorney, agent, former partner, or Trustee, or oilier person holding or controlling, within said Counties, any lands, tenements, or hereditaments, goods and chattels, rights or credits, or any interest therein, of or for any alien enemy of the Confederate Slates of America, Speedily to inform me of ihesame, and to render to. me an account thereof, and, so far as practicable to pay over the suine to me, or to place the same in my hands. Any such person wilfully failing to du so, shall be guilty of u hij;h misde meanor, pud upo-i iudictmentand conviction, shall be tintd in a sum not exceeding fire thousand dollars, and impris oned not longer than six months, and shall further be liable to be sued by said Confederate Stales, and subjected to pay double the value of the eslate, property or ettects of the alien enemy, held by him, or subject io his control. 1 also notify each anil every cilizen of the Confederate States speedily to give information to me, (as he is required by law to do,) of any and all lands, tenements, and heredi taments, goods and chattels, rights and credits, within ilio said Counties, and of every right and interest therein held, owned, and possessed or enjoyed by or for any such alien enemy. My office is at Jacison, SarthmpfCH County. A. V. W. W. PEEBLES, Receiver for the Counties aforesaid. Oct. IK, 1861. 43 wliw. HEAD QUARTERS BT. C. TROOPS, Adjutant General's Office, ) Raleigh, Oct. lath, JUKI, j Gexesal Order No. 31.1 The following Older is published for the information and guidance of all concerned : State of Nonh-Caroliiia, 1 Executive Office, J ltdU 'ujh, Oct. 18, last. ) LIEUTENANT COLONEL SPIER W1IITAKER, Aid-de-Camp of ihe Governor, is assigned to duty in the Adjutant General's Office, as Auditor of Military Accounts. He will enxaminennd adjust lor settlement all'such claims and accuuu.s, under direction of the Adjutant General. USURY T. CLARK, Governor Jit Officio. By order of tbe Commander-in-Chief, (Signed) J. G. MARTIN, Adjutant General. October 22, 1861. 43-w:it. Head Quarters Department of IV. C, Office of Chief Commissary, r Goldsboro', Oct. 17, 1861. I PROPOSALS WILL BE RECEIVED AT THIS OF tice for the delivery of o.Oi mi barrels of rood sunprhne Flour for the use of the Confederate Troops on the coast of Not th-Carolina. B.dders must state the quantity thev cm deliver per week or month, the price, and Riilroad Djpot at which the Flour will bi delivered. The Flour will be received in either birrcls or bagi, but tbe prefersuce given to offers for it iu b irrels WM. W. MORRISON, Major C. S. Armv. October 17, 1861. 43 w3tL CSTATE OF NORTH-CAROLIJf A CHATHAM t COUNTY. Conrl of fleas and Quarter Sessions, Au gust Term, 1-fil. Joseph Segraves, Adu.'r. of Charles Se graves, dee'd , vs. Thomas Boon and wife Cindrilla, and Albert Segraves x In this case it being made to appear to the satisfaction of the Court that the defendants, Thomas Boon and wife Cindrilla, and Albert Segraves, are non-residents of this Slate, it i( ordered that advertisement be made in the Ra leigh Standard for six weeks for said defendants, notifying Iheui lo appear at tbe next Term of this Conrt, to be held for the county of Chatham, at the Court House in Pitts born', n the second Monday of November next, then and there to plead, answer or demur to this petition, otherwise judgment pro confeo will be taken as to ll.em. In testimony of which I do hereunto sign my name, and affix the seal of office of said Conrt, at office in Pittsboro', the 2d Monday of August, 18GI. R. C. COTTON, C. C. C. By W. F. FOUSHEE, D. C. October 1 , 18tl. 43 wilt S. C. FEMALE COLLEGIATE INSTITUTE, AT BAKU AUSVILLE, NEAR COLUMBIA, S. C. fllHE DUTIES v.F THIS INSTITUTE WILL BE KE M. sinned on MON DA Y, October 7, ensuing. Tbe Principal will, as usual, be assisted by an able corps of instructors. Circulars, affording particulars, will be forwarded tn order. Treasury NOTES or BONDS of tbe Confederate States received for past and future liabilities for Board and Tuition. El. IAS MARKS, M. D., , ' Principal and Proprietor. Sept. 80, 1861. 40-wt G EORGE L. WILD, WARREKTON, N. C, RESPECTFULLY OFFERS HIS SER- 9 1 w 5 h Ivices to tne citizens ot KaleigU ana vicimij as a Toner ana Kepairer oi i-ianos, wherein ten years experience safely enables bim to guarantee satisfaction. All communications direct ed to Warrcnton will receive prompt attention. Refers to Rev. Aldert Smedes. and Prof. G. F. Hansen, of St. Mary s College, snd Mr. W. J. Palmer, of Deaf, Dumb and Blind Asylum, Raleigh, N. C. ; E. E. Parham, J. Wilcox and Prof. C. H. Kehr, Warrenton; and J. II. Mills, Jos. II- Gooch and Dr. S. A. Williams, Oxford, N. C. Jan. 1 o, 1SS1. 3 wlf. JVO . CLARK. WM. H. TDSLI.NGT0.V CLARK ft TTTfiLINGTON, WILL GIVE SPECIAL ATTENTION TO ALL consignments of Cotton, Naval Store, Flour, Bacon, Timber, Ac, dtc, and other country produce, either for sale or shipment. My Wharf and Warehouses being conveniently located for the reception of produce either by Railroad or River, enables me to make my charges light. Also, regular deal ers in Lime, Plaster, Cement, Hair. Ac. Itefers to H. A. SAVAGE, Cashier Bank of Cape Fear, Wilmington, N. C. JOHN DAWSON, President Wilmington Branch Bank of N. C. W. H JONES, Cashier Raleigh Branch Bank of Cape Fear, November 13, I860. 46 wly. .. . . . . ..... . .. . , -...wi.,