North Carolina Newspapers

4W 11 If Wf'M .7.311 OFFICE ) ON THE V WKST SIDE OF TRADE STREET $ ; S S2 per anirdm CHARACTER IS AS IMPORTANT TO STATES AS IT IS TO ' INDIVIDUALS, AND THE GLORY OF TUB ONE. IS THE COMMON PROPERTY OF THE OTHER.- w IN ADV ANCB. 4 V Editor axd Pkoi-rietor. CHARLOTTE, N. ., TUESDAY, KOyEMBER R2, 186. TENTH V OLUME NU3IB Eli 490.' (Published every Tuesday.) WILLIAM J. Y A T E S , kDlTult if j.aH in a-i ifpsit w.-lii 52 I , :i i .-. . . . ion il i .ic yi:ir, -itri-iin? ii live skw -trrn up i r i -1 !'' ' ' receive u si.'.tii ;y .V" ii.: b -rrii'L" " i ii'!va':i:e subscription (10) will Tfct"n t'r one yr .r. : n.l u liv-r? who mav wish to scud murv lo m. fiu iio so by mail. .t, our ri-k. ' . . I g-'J Transient advertisements must be paid for in advance. Advcrtissments not marve l on the manuscript 1 ror a specific time, will be inserted until forbid, and i harmed accordingly. SAMUKL 1'. SMITH, j AitHiue; ,o!ielir at I..uvr, j CilAlILO'i'i E, N C, I Will attend j.r!H-r-iht ami d.Ujtu'Jy to collecting and re::iitti"fT all rl.tims irtiruste 1 io li;c c-'.re. Special atteiiti.i.i -iveu to the writ!::- of IKed, Ct.n- j vcv.ini'f.-, Ac. "r-i" I m i i: ir h i'ir- of bn-in-. Tii'iy i-.e "' ml in the s oflice. Court Hoasi-, OiVu:v No Januai v l'"1. lsU l,a, oilliil the Clvl K ,1. A. FOX, yvttornov CHARLOTTE, N. C. GKXERAL COLLECT IS C ACKST. OffiVe ovrr the Drn2 Store, Irwin's cornrr. January 1, l8ol. tf Wm. J. Kerr, A T T O K V A T I. A XV CHARLOTTE, N. C, Will practice in the County and Superior Courts of Jlerklenb.irpj. Cnioii and I'abarru Office ;n the U raw ley biiil'lin January 24, 1 SO 1 ' oil lit 1 .. ;lr)l.ite Kerr's Hotel, v K0BEUT (.IBROX, M. !., PRitt'TITIOXUi. VV .llSiSSItBK AK1 Office So. 'I Indus corner, ClIAUI.OTri:, N. C. January. IStil. l V. PiIX'KW 1T1L IIa3 constantly on hand WATCHES, JEWELRY, PLATED WARE, &C, Of the best Enplih and Auicriean nir.nu'V.cturers. Call adci4ininchi5 stock before pwrcliasinjj el.-exv here. Watch crystals put iu for 25 ceuts each. January-, 1S61 y $ John T. Butler J I'RACTK'Ab and CI or Ei TSa!itr, tSJtr, Art'., KERKS Nor Kb. Charlotte, Watch Ori'osiTE Jew A'. . ' (fiate with R. W. Uc-kw itli. ri IK Va tvin o k- & .f'VJ : ot Yry Uescri ri.-.tioii, Ut-paired . and 'A'anai-tud f..r 12 months. Ort 16. 1 WILKINSON & CO., IN 5i i i V -'i "",i" 4'wTi3 No. 5, Gr-r.itie Iar.ge, Opposite :iie Mi.nsio:. ; ..!--. CHAr.I.OTTn. N. C. Attention giveu to JU-j i.iiii. Wa;elu-s and Ji-welry. September IS. ISt'.i. y Nevv Supply cf WATClllvS, JKWKLRY, Solid oilvtr and bi lled Ware. The subs riber has bift ly purchased a very -x! u?"vc supply of the uli'iif articles. Hi purchases hem: made directly from the manufacturer, he is t iicretn' t enabled to sell at a very sma.l adance n etit, ami persons may r'St a-.-urt J that hi articles are war ranted t be what he represent? them to BQU Watches and 'h. Us rate fully rpairc 1 .-.cd will receive in r sirrsuml attention. II. TV. BECKTViTII. 18C0 tf fM.oi.l.i4n A- tea IT . i . . i ii 1 1 e - v . On and after the First lav of October. 1 rtOT.T.H Ext'itKs.s rit::it;nr n: is.- ran Oaiiy bet v ecu Charbitte and Charleston, without tra;i enabling freights lo reach t'n.Mlotic ii ncnt. thus . ,s or li-s from New York, and in o:tc day f:oi:i t'!i.i: ii 5ter.. ami vire vtrtct. Also, THROUGH TH'KKTS will he sold from Char lotte to Charleston at :0. and to New Vo:k. via Charleton StCiinier?. at JlP. a;:d vice r-'-.' r. Tlie mer chants aud public are invited to try thi cheap and expeditious route for freight and pa--enj ei s. A. 11 MAKTIX, Oct 2, 1S60. tf Cen'l Ft. and Ticket Aent. DI5. E. 13. AiI)KiV, CHAKI.OTTK. N. C, MTouH inform the jmblic generally, and the citizen? of Mecklenburg particularly, that he has resinned the 1'ractice of lEXT fSTUV and may be found at his old taiui. He is prepared to set Artificial Teeth on (Jold, Silver. Vulcanite, or on the (neoplastic pncc. as Patients may icire. and fill Teeth with Cold. Tin. Amalpram or its Artificial. He is alsa prepared to perform any operation belonff iir to Dentistry, and need not say that he will l.f plead ed, to wail upon any of his old friends or new frirndi yn may take that for granted. February 5, 1X0 1 AT T." XV P1T.C 11U " V UVi'J ll II I l-rlillll. i KOOPMAN'N Jfc PHRLPS have received a handsome ' assortment of SPRING GOODS, consisting in part of DRESS nnnns TIONNETS. &c. DRESS GOODS. BONNETS, &C, 1 - wi,i, they Inrtte particular attenttoa. i - In file particular altentioa. AND rUul'iilLTOK. (i 00 ; r) c t r 1 O U VI s ubcribers, J. G. RGVi8V Of tll6 StrlV LiPW - - LJU'W The Ralcipli Standard says tbe following article was , . . . written b Olie Of til e 'ble " t l'lV ' l-S 1 3 ne o it.jj aei3 1a t ic btate :J This law, which is so rtat a tranter to onr 1 statute hnofc ami in wliicl. tlu. r,rm In .,n. ,n !;.t!n used; which proposes so radically to change that f mode of admini-rGiinr inmiro wl.ir-li ;n 11 w i 1 "o Jl!"u ult,, 1,1 u" 113 main and essential features was u-ed bv our fore- fathers be f re the Revolution, and by them was most polemnlv and delih- rafely revised amended " ,,., ui.lll'UiM-ll ICVI-fU, illllCUUfU and perfected within four months after the forma- ' tion of the .Mate Constitution at Halifax, by the ivory Cr.-t kuislative Aembly which ever -it j under it, :v,A has continued ever since to he our I .i u i . . . , i , nu de til i c ::tiLh nearlv a eenfmv. dion imls for tmb .. . . . j . ' i lie consideration more examination and discussion than have Loon bestowed uj on it. That the j eoj le, w I.i'M' rights are so deeply affected by this new law, mav see some of tbe meat fundamental changes in the legislative and judicial guarantees of their rights, I propose to present a brief analy sis and review of it, with tome illustrative ex amples of its opciations. bic, I say, because, in my judgment, a dozen years would not s-ufuce " '' "A iUS uir." ul "" u: otauiuiieu .1 . ,.,.! . ii i .11 ii-i! mii.- .lliU u.-. IJ I HI! !.((! 1 III II 1'ir iiiiisr e cherihhed an f them I di ,i b...f i .,.! ,.;,.;i :,.i,J .i J'llLll.lLU V.IVII I l.lll.'f. .'Jtlll not mt were neither foreseen nor intonded by ih-if-.e who fa von d the law. I shall nut discu-s its cn-titution-dity, but consider it merely as a system of polie; vides .CCtlOn first pro- " That the several Superior Courts of law shall have exclusive original jurisdiction to hear, try and determine all causes of a civil nature what evor at the cimnion law, which may require the intervention of a jury." If this secti m stood alone, it might be main tained with great force of argument that it con fers exclusive jurisdiction on the Superior Courts in eery li.utitroi contract, however smaii six j pence as well as six thousand dollars. And ex plained as it is by section lb, which enacts that 44 none of the provisions of this act shall apply to the collection of interest on anv contract." &.G. and by section 10, that 44 hereafter all civil war rants issued by Justices of the l'eaee shall be made returnable for trial twelve months after date,'' the true construction will, perhaps, lie in thi Polif-!;! Conclusion t.'iat all suits upon debts and de mands, except lor the recovery of interest, the Superior (.'our!.- and Justices of the fence have concurrent jurisdiction. Rut.il this were so. the change ihoiih very great, the evil is so small com pared with those other evils which tho act brings into existence, that I should consume the reader's time very much amiss, if I were to invite him to enrisider it; although the costs of most suits in that Cotut would far exceed the sum sued for. ihe section of this law provides 44 '1 hat tl ere shall be but one term of the s;iid Superior Court of law and equity, opened and held in each of the counties of the State, in each year, which slinll Le holden at the times and pLees now lequired by law for holding the Fall term of stiid court, and all laws requiring the holding of the Spring term of said courts are hereby repealed." The obvious purpose of this provision is to ex cuse the debtor from fulfilling hi.- obligation to pay money. Rut, greatly demoralizing as in this lesj cet must necessarily be its effect, it is stili more vicious in its effects upon public order upon the liberty of the citizen, and his personal security; upon the safety of his home, and his property in hi nc'ml possession, whether in lands or slaves, rr other estate. They are fatal to pub lic order. No maxim am mg liw givers is better established, than that sra-edy trials and punish- ments for crimes, are the best guu"iu;ees for pub- lie order. Delays it justice invite violence and crime of every u'a ie. It is tru the County I (V'tirf m open for the trial of the smaller mis- denit a mrs, but a large number of crimes is cogui- I le only in the Superior Couits. The times natu j rally enough mulrij ly criminals who prey on I society: and when society finds the arm of the ! law nerveless or paralyzed bv 1 rig delay, it is j sure, in self-defence, to organize irreLild .r tribu ! nals, which punish by lawless trials and uu , measured revenge. If in the out-et it should, in i obedience to a long cherished veneration for the i law, await with patience the sh-w coming of the Curt, it wiil he u ;u;k'U to uH;i j: on.tn. . nt; ior, i ,,-t wr.cn finillv i . l l 1 the h nr delayed Court arrives, the I ; week is t o fenojt to u is pose oi me cases, aim a j trifling excuse serves to postpone lli c trial his depre The ! criminal is sent forth airain .un! tr lii.i. I. s with imi.'initv un th most rrte law. I If the of. nee charged is capital, and admits not ! d" bail, the suspeCteJ man, innocent though tie i be, is confined to a dungeon for twelve months i before be can demand a trial and even then j defendant in such a protracted litigation; -and it ! there may not ic time to try h iu, or the State would bo easy, therefore, for him to make the af ! may continue the casi, and he is doomed to suffer : fidavit of inability to give security, though then another twelve mouths in the dungeon. And as ! perfectly able to pay the debt, to the civil suitor, who seeks to recover the price j It is plain, then, how the stay law tempts he of his land. Ins slave, or his horse, which tue m : the use and possession of the defendant, . chance has he to be heaid. with a docket 1 I what il: laueu i down with criminal prose .n.l i i eutions and ah he evil ,,,, twenty thousand ... i , i i r . people It may he that the dvfendant ,s . gross , uits ot a county contami f rncr.aosiT l;nld i n r with turec VOU1" VCTV Home. i into which he has slipped in your absence; he may ! have seized your slaves with a strong hand, and stiil holds them in lawless defiance ot the cle arest right. lie may have assaulted aim ui.-aoieo. your person, w hose only estate was your labor, and that labor the support. "of a wife and children; he may have murderously slain the husband and father of a helpless wife and infant orphans, and. damages bo (tonht for the otttraec; he may have slandered . . -. 11"1!1. a poor and virtuous fema le. Yet against the cries of justice for any and all these wrongs, this act has shut up the Court, in order to screen a debtor f nan pay in j his jnxi delft"! ' Can virtue, honor, reliirioii. or true murai'V lonir dwell iu a land ' w here private rights are so scorned, aud personal ( 1 security to utterly abaudoued ? If a man die pos- , it V t-o utterly abaudoued . lt a man uie jo- ; , messed of a competent living for his wife and ; Mse. id a coiiirn tnt living lor nis wue ... i. i p children, the executor or administrator is sworn to ' sell the property on a credit, and to take the bid f him who -ives the best price; and he is Jrivcn tf 01 n!In bogivcsthe bestpnee; ana ne is umu tf ttfn f. .......ii. w i.r.i.i.. 1 iinrr lii- niiiv I'.mr' the. o.n v v .......... - T" a . , J Tr.:." fha ! studied attempt of the buyer to evade his just j obligation, and leaves the widow and orphan with- i , . . i that wi out broad Ts it a wnnr vcUh on, n,, rA' cnSP any man ol sense, lfTl Qlirll 111 l-kf fl f 1 rtr0 1 ml 1 . 1 1 I...-, t . f I v.i vi4iui.iuuc anu im-umuciuvni iu delay payment, every man should put away his n,0.ney uvi button his pocket against every apph i eatlon lor l!U' -le banks will answer this i 'luestl0n- Within a few months, the deposits of i one the hnnks in this State have increased from i e,ftn ftOd si vnn frn i..a. .:n i .a "-iyJVV --. oumi v. in oe uieanswer U1 a" i)aiih.s. iuurt; monv wunin a iew montlis it i . . . . . . ' 1 as ee" 1HSued an1 scnt rt, than has been i I 1 . ! ,0l'.lJla".v before, and yet it returns as rapidly i a? lt )vc.nt .'ut- Ihc st,latw a? stagnated all ! C1,'eula,lu" ,n r,aJner-t 1,1 debts and destroyed all I mn?1 "e CfePl f"r Clish and l"?ey is r,ulod b the auaire. tret what vou can and keen what von ' get." Section third provides " That all actions brought in the said Superior j Courts of law and equity the defendants shall not I be compelled to plead thereto for twelve months from the return term. It is certain that the extended time for pleading was not given to defend, but to delay the rinht; not the better to administer justice, but to i-iadt it by openly preventing the very forms adopted by aH civilized people to enforce it, For nearly a century, legislation everywhere has been engaged . I'.. it . X.. . i mii f i i- in iieeiiJLr justice from the quibbles of plcadinir. Ibis act resorts to the condemned ouibble tor the mere purpose of delay. Without reckoning the chances of one continuance, or the death of a ! t.-irtv lh snnndiot nniliva iT -l 1.tv.n;i will bii ..j J 1 .v t vui VOiUOi VJ l O 1111 U lit HO follows: rit issued in November lSdl, will be returned to October '02, and will be pleaded to in Oct. 'ti ; ' reached on the docket will be tried in Oct. 'G4, and the money paid in Oct. G5 unless there is an appeal to the Supreme Court held in June '05, when the money will be paid in June 'GG. This is equal a credit of five years, and is given expressly to produce this long delay, by a legislature who profess to have sat under the control of a supreme and sacred character of liberty, which forbids the passage of any law im pairing the obligation of contracts. Now add i what is commonly the case in the history of a law-suit, one continuance for a crowded docket, one for a prerended or real cause, and one for a death, and the credit is 8 years!! ! In addition to all this, section 4 denies trials of all cases at the passage of the law, in the Superior Court tor one year, although some may have been pend ing already half a dozen yea s. If under such circumstances, the kindest man should refuse to lend his money at all, or the usurer demand 20 per cent., or the shaver take off ;l per cent., it will be no matter of wonder. If the people shall consider this act as a vast stride towards the can cellation of debts, (that wicked demagoguisiii so often attempted in the most corrupt days of the lioman Republic,) there can be be no cause for astoui.-hment. If the cash system of trade is brought on the people at once, and nt a time, too, when confidence ought to be encouraged by every legitimate mode, can any be so blind as not to perceive who are its authors? The succeeding sections 4 and 5, in order the more fully to com plete the delay on the largest contracts, abolish the civil jurisdiction of the County Courts, and re move all the suits pending therein to the Sup-'iior Courts; and after augmenting the number of cases in many counties to 5 or GUO, forbid the trial of all causes thus removed, till twelve months there- ilter, although the pleadings are perfected and the time for trial shall be ample. And as the finishing touch to the plan for hindering and de- !a ing the trials of causes, the act hually reaches out its hand and lays hold of the poor man's cheap Court the Justices' Court and delays the trial of a one dollar cause for twelve months! And if then tried the defendant may appeal to the Superior Cmrt, 'vhic'i mny be a year off. ! At the Superior Court the defendant is required to plead and tfie case will stand over lor one year more. So that if the defendant is warranted for the sum dm; on a witness ticket to a poor man w ho has been compelled, by fear of a fine of 10 or the pains of on attachment, to attend and pay his own expenses for travel and board, and his case shall go to the Superior Court for trial, he will in the best possible luek, if his case is reached at the ;'r::f tr.'a1 Court, get a judgment in the third year, and his money in the fourth, provided the sheriff wi 1 do his duty, and the party may not have fail ed. For it is a. strange enactment of this section, that without an affidavit of merits, any defendant, who will swear to his inability to give security, mav without security appeal in the plainest case. nereass uy a iuiiLr taiuunanuu uiavuvc - points, no nuuner can even commence a suit with , ism and the merits of his cause. So that few men certainly not a poor man would ever be gni a suit for a witness ticket, or tor a month s wa res. Indeed few men would be surity for a debtor to dcliaud the poor ana necessitous man out ol bis time and money. i i . 1 1 ...1 1 I nnFl...l jut, ii mere suouiu ue nu n tm, tho wifnce . i' i ,ni ;., tirrdvo mfnitlK iml i may expect his , udg i " recovery of his t icLet u paj 1 . ., U e il n on t (.,.i Un.rn.-pr iti .hi ii on i year more. In mo.t ca.es uowe er i tiat tlie COnsiaoiC WHO fceiveu ic ntn """' never finish the collection; and whenever finished a suit on his bond for tbe money witnnc.u "a. oe.ng a m.gaieu .un., v-B- , years more. If Kinsr John, ot j.ngland, ever lavoreu sucu a . . , i 1 1 ,, - , . 1 f 1 1 1 law as thic, well warranted were our sturdy Lnglanu j aucesLois, much at un. wi.. v.. , j exacted of the crown a perpetual promise that jus tice should never be sold never be denied er be delayed. The act after haying denied a trial for five or six years of undetermined cases, proce it... -.1.. 1 i-i.iit til.-, n n ,1 nf lniilftprminpfl ; in me tail jjijii .j iij mv- ..v. . cases. It is an old maxim, the foundation indeed f of all the value of a Co re! pull icy sit fnasliti. court of justice -interent re:puui. "' , , , . ,., . ; IUV common wen th that litia.ion snou.a V"? at.'d effectually terminated. j,u. ... -vv k tates the' expiring controversy ar the dying, contest,, a new and fresh ltlluses into ; nf lifo i inc . ;7 , ; .halfnot be g-t- : Ix eommands that the exccuuon &uan not ;.r,.-l (b.t the fruit of Ion? delayed iutie which u iriiimiiiiiius . j jcjj ' . r , . r. t has been duly and solemnly awarded, shall not be received and enjoyed by the injured party. It A'.rata tho Slio-Iff on,l,a bT W n i i directs trie Mierttt to endorse his levy upon exc- l i tlthlAi... .. w rnMi.n J. r-na.-t' 1 . 1 , . n v. ( 1-. A n ; vuuunn aim iiiuHi uiu Mine iu inc t n mine i issued, and thereupon it commands the clerk to - issue a vend, expoift, or abas Ji. fa., returnable ; fwdve months thereafter ' Tlie debtor, the ties passer on your peisoii or land, the slanderer, and the thief who may hive stolen your , goods, and - . . ... . i ..V x ... -ii ; een coiivicieu iiu-aeoi in acuon oi i-oil, arc un nuuuieu touctner an i an r.veu to eni y ineir un- ; just gains and uciay conirenvatu n for their , " j wrongs, to the great loss o j one year longer. Such is the condition ol J11"1 their demand: Ietres of wronr ami outrage ss oi uie iiijuieu man , xor of ail plaintiffs, however meritorious their demands: and such the pnvi leges of wromr and outrage, however palpable -and crying the injuries may be, even it the defendant should be bound to remain in the State and abide the ultiinate and long delayed event of the suit. Rut the act strikes a hidden and secret blow, the Consequences of which are protective of wrong, disastrous to right, and work a perfect revolution in our mode of administering ju-tice. lt enacts that iiu execution of . an. shall issue. Does not this abolish all bai!: Of what use is bail? How j can the bail bond be forfeited, if the issue of the sa. be prohibited'' Did anv member of the I , i Le"isl; lture contem.-d ite s rauieaf a ciiatisic of the ' b.n- to dispense with bail iu any and all ac tions' I doubt whether any one of them 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. An insolvent person is sued for violently seizing and carrying away your skives, or your horses; he has sold them and given bail while he holds the proceeds of such 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 invisi ble 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 tbe recovery' If a lawless and insolvent man chooses to lay vio lent 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 hail, his body is exempted from seizure, and so the bail is released. If your debtor resid ing in a distant land, shall come hither to remove all his property beyo.id the jurisdiction of the c. "iii ts. by what means will you secure yon- debt if he w ill defy you Will you take an attach ment If you do he will replevy by giving bail; and as the bail cannot be required to surrender the body, the replevin bond becomes the merest fa tee. This provision requires a ei.izen 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 ad ministration of justice introduced by the stay law. It is true that in some States bail is abolished up on certain conditions; but iuvaribiy some equiva lent security is substituted. This act offers no ik It opens wide the door of temptation to defrau i and rapine; it encouages the perpetration of every injury to private right, and a defiance of every court in the land. The law, intended to be the just protector of all, is now made too weak to de fend any man, or any cause. Did the people de- mand this mighty change of the Legislature' The ettects ot the act may be summed in this: Lt re moves the shield of legal protection from the per son; it depreciates all contracts; it renders insecure all personal and moveable estate, and invites per manent trespasses on all real property. Let us take anot her step in the review of the stay law. Section twelfth provides "That all deeds of lm-! and mortgages hereaf ter made, an I judgments coiifessed to secure debts shall be void as to creditors, unless it is ox press iy declared therein, that the proceeds of sale there under shall be appropriated to the pay ment of all the debts and liabilities of the mortgagor, equally pro. rata." It is obvious to every rejecting man, that the most efficient stay law that can be devised, will lie in a policy which encourages forbearance, while it tolerates and invites, by the bst security at hand, all 'useful aud convenient trade. Such were the intent and eff et of the stay laws of lTtid, c. 5 , and 1812; the only laws of this character ever p-issed in the State of w hich we have tiny knowl edge. Rut this act, af'er unreasonably delaying for many years the fulfillment of contracts and drivimr money from circulation, and caus.n a general hoarding by every man who can get it, has even prohibited the creditor from curing his debt by a deed in trust or mortgage (though freely offered by tbe debtor.) and forced the tormer to sell under execution whenever such sale may be allured and constrained the latter to sacrifice his . .'.iii i i estate by actuul sale whoever hemay need money .n.,..r ovnnnt un u iPt.nrpr sueh s.a e lnav 1(. to buy food, py honest debt, or bury a deceas- ed child. Extraordinary as it may appear, the act, while it allows the owner himself to seil it and a the proceeds as he may please, prohibits i - ! l . i t . , 'I I V l'om i 7 f i "Olll COIleiu it 111 uujv., .u- I money tf) pay a ueui. or lo a .'w; e i u m - mi ihc ! very 'property bought and proposed to be pledged 1 J . . . ... f.l l n...n.A....A.T..,. 1,... r... a: 1 11 c secui n i or 1 1 pi ice. Thc fulIowillg are examples of some of its many , , t r l- i.l . v ....4 ' and si'riVcs or crops may be sold to ' s-jtitV tlie Jtjt vor lio i nor to convey it jn trt th, Jebt aljJ notrone the sal" i .- i a i i.i :.. "unless it 13 expressly aeciareu increin, inui me 1 1 i' 1 .1.11 1. . u T'lececus 01 sate s-naii ic uiiuiopnaLcu wo tuu pay- jfa,,, qj4is vision leaves the creditor no alternative but to sell j ti .1p br. will cnbiret his debt to tlie hazard of I 1 . , to l""t' nroncrtv hovaht. to secure its m ice unless he. sub-1 joct3 prorerty to pay all the liabilities , with - . - j,.,.j wiii,,. .;fD i.r . . , J . . 1 cipal. lea, tie cannot secure uu own. su-rmes without btin compdkd to few.ire nt tUe. Saiue a time and on equal footing, the debts whereiu he is . . i i . i . u . . . 1. M , i . . .... .... ...... " ...' bsin- naid vro rata with every liability of the i iurnuure, and every tangible and moveable thing ; tho next day at Siu eacn. un ine r debtor a well those in which he L surity only as ; and authorizes the officer to take the articles away i lowing a box was disposed nf at SJU, 0,, ! ib.a vvbib bi own debts. 2. If a debtor for safe keeping till the day of sale. This isailow- i 825, and the last box of lemons in 011 s I i i -.l i ... i :i.. - ed to he done hreanse the officer is liable for tho I cr.bl vecferdav. at S.ill. or at about trnn ic cnr i i-iri:rr :is in nil ni:ii in lino ii aiuiit.. w r j j 1 i ..vr vv... , - r J . ' . , . . ' 1 I I . 1.,, n t,n,.f nf b...ii ii j-nT.nvi.iK.rt 4 :" u e l"c P'openy icvieu on irom tue oonr oi levy; lemon. Wnoieaate Tales. ""-" i , '-ii i . i if removed out of his reach by his allowing it to ;n thia ritv la.sterenin? for fifru a roor man a horse to till his croo for . u. ',Ki. r. :.. Jl , .. . in tm c,lJ last erening ior ytry he cannot even pledge, the particular the creditor. : And if he ceflieentlr allows astraoe-eri WASTS TO GET BACK. HOME. i surity himself. 3 If a j to pay his taxes, State or Confederate, - heavy as f thpy are, he is unable to do so. because the lender i ,.- l,a 5. kl , Vw,.,.,c, A I r-1 1 1 fi.it tl-nl tlin I ,1 .. T A i1 U A 1 . 1 i win ij-h ii u.-ii iuc IU T ULla 3 Ul IUU oiaj law IUT - ' its return, and the debtor cannot confess a judgment or make a deed in trust, without sub - i jecling himself to be sold out to pay all his lia ; b ilities of every sort. No, he cannot even give j such a lien on any of his property to pay the tax, ! i ..u u: .- i. i- .. i i kuuugu ms worn noise or nis irmcn cow niay uc piia, ana must De sou nv the tax irattiertr to pav ; it. 4. It a debtor before the passage of this law ; aii nave maue a uceu in iru.;i 10 secure a U'jui, I and t lie property conveyed shall not, in the de- ( preciation conseipient on the times, be sufficient to - ! pay the debt, and there is not property enough j besides the estate conveyed in trust to pay all his other creditors, yet enough to put them pro rata with the debt already secured, and he desires K 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, including, of course, the debt secured before the passage of the act. So that this debt stands unalterably favored, and while it takes all convey ed in the first trust, shares equally in the second. Considering what a law-abiding people we hae 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 timo 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 the purchase money, unless lie would provide also for debts wherein he was only obliged as surety. Rut 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" delivered to him in due time. The stay law, not content with the en actment of its own extraordinary delay of four, fh-c 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 fine thereafter incurred by rea son of omitting to execute process. Now the term, ''process" includes both the beginning writ, which brings a defendant 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 tiie violation of his official oath. It U probable, (and some have charitably supposed so) that the act was intended to pardon only the penalties which had been incurred, or might he incurred by sheriffs who may have acted under the suppos ed validity of the stay law of May. Rut the language is too explicit to admit of such eoestnie tin; and the source of the charitable i it- ru-etat'o 1 is to be found only in the eno.m hi outrage offer ed to justice by the adoption of the true and c mtra ry construction w Licit follows clearly from the words of the statute Th- sheriff is now ft r the first time in a century relieved of all frgislat.'v--' penalty, if he wilfully neglects, out of friendship to a friend or enmity to a f , to serve a writ, to bring the defendant to court. So that after o it sues, there is no certainty iiis writ will ever be served; especially it the debtor is the oflbar'a 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 in court. And even when the judgment, after years of delay, may at last be rendered, and tho final process of execution shall come to hand, the officer i-s 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 his sureties, the delayed and sickened plaintiff, (or most likely his executor or administrator,) must tread over again the mazy round of another suit conducted under the machinery of the 'stay laic. And this suit in all probability is destined to end iis career in like manner. During all these many years, the suitor is taxed to support a judiciary established peaceably to protect aud effectually to defend his civil rights! Rut if it was not the intent of this law to repudi ate ail 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 l n A ii tr-n i t mi A ... I f..t K iinl.l... '11,., . !. 1 .. ... requires the sheriff as also the constable, to levy j .iiiii. - vutu .i.iti.'ll.u iwi tlie UUkUI. J.IIU3 II1CI.1W I j -,, "'"o"" J ie,.uo.ea oeio.e , executions, issuing on judgments rendered before ' O - 1 ' Ui ,a" ' riwl'e,LJ suiucient j i ? uuui ami immu iue icvy iu me , ! succeeding court, aud then that a tend expona j 'shall i-Mie returnable tivrlv montb thei-o-if ir ' '" ; ui;uyi"u um utui unu HflUlll IUC lev v to lliti j piop-i u.iue.riuuun ui u.c '" 01 this section, it is necessary to bear in mind the nature and effect of a levy. A levy on land is a very uincrent inings irom mat on personal estate. irr .t. i ; c lanu is ici veil on. t in law one not vchwwp i,r, i .. ." .1 i rr . . . I ,: . , i proprietor, but simply to endorse his levy 1 thereof on the writ. Indeed U would have been I :i.UljU 1 LUl.LI. I. L.IKI. 1 .i l..'.H.III. .1.1 II ill. II ..III. ilia .iirmuf m Aur.. ... - .....-- a ... n . i .t.wn a..' a . . superflouous to require more than this, because 1 tie and cannot he mi t nn t. nl ii trav lint rwrv different is the case of a levy on personalty. The laW requires of the sheriff to seize and take into possession and hold adversely against the pos- ieisinil nr t.r(ll n:i t inn of tlm nvr r. . . r oi.d nil nllinra ! . y all nersonal estate. whifh silmits of such exr-limi v 1 1 1 ..possession. Thus the sheriff is required to take j . 1 1 1 1 1 1 - '"1 possession wnca lcivcu on, slaves, miea, j cattle, hogs, sheep, corn' wheat, tobacco, household to take it away against the consent of the owner, the 1 execution is discharged as to the debtor himself, to tbe exieni 01 ns vaiue. xience wnen sucn property is once levied on, there is no need for any other execution to tt- : H Jh ,,eriff ..,,... aa tiroe durini? f i life in or out of off.ee; and if he die, his Mecutor or admfu- istrator may sll. The Leg islature has cotamaadad the 1 ! yMomt making a sale." This command' does no. re- ! lleT "e omcertji nis uuijr i timrgo i" yiw perty 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 is the, least di minished. Cpon his .death the property will go to his executor or administrator, now as before. The- com mand, therefore, to return the lery, only prolongs the time of Pale and does not change ihe' nature and effect of.tlie levy, uor the IcftaJ right of the officer to the- pro perty levied on: and ly the Uvy . the officer i the Ugal ctenrr. . Such has been our clear law of a lery 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 America. Cpon this necessary legal in cident to a levy of personal estate is grafted the long standing law still in full force. (Ilev. Code chap. 45, sec. 25, 20.) That the county court "shall make a rea sonable allowance to officers for keeping and maintain ing horses, cattle, hogs, or sheep, and all other proper perty, the keeping of which may bo chargeable totheni, taken into their custody under legal process; and such allowance may be retained .by the officers out of the hales of the property, in preferenco to the satisfaction of the process under which the property was seined or sold;" and the officer shall return the account for such keeping with the execution "under which Ihe property has been seized, to the Justice or the court to whom the execution is returnable."' Again, it our express law (Rev. Code, chap. 45, see. 2, and chap. $2, see. IC) that when any execution shall come to the sheriff or constable, 44 he shall proceed to levy the same upon the goo-Li and chattels of the defendant in the first in stance, if there be any." The stay law does not change this provision, and therefore the officer is bound to seize in execution the debtor's goods aud chattels and other moveable prop erty, if there be any, and let the land alone. Now let us "suppose an ordinary case of extcution ngainst farmer who has no slaves, but stocks and crops of various kinds. The orTicer is bound to seize the horses, cattle, hoes or sheep, or the corn, w heat, tobacco, oats and peas of the defendant, and keep them till the court to which the execution ;s returnable, und endorse the levy and seizure thereof on the execution aud return it without making a sale. (Such is the express command of the stay law Sec. 5;) aud thereupon the clerk Is directed to issue a vend, exponas reliirnuble twelve months thereafter. The vend, trponas does uot release the property from the control of the officer: and if be indulges twelve mouths longer, (as seems tobe tbe purpose of ihe law,) he is obliged to keep the property till the day of sale. In the meantime the grain will be ruini'd, and tho cost af keeping the stock will be great er than its value. The debts of course w ill remain un discharged, and the debtor will lose his property with out paying his debt. Such necessarily will be the re sult if the officer gives the indulgencc seemingly in leaded by the stay law. But suppose the officer allows (he personal estate to remain with tho defendant, of what benefit can it be to the debtor if it may uot be consumed ? Of what benefit cur. the levy be to the creditor unless it may bo sold? It is one of Ihe best settled duties of the "officer to sell without delay, as rariy as he run after giving notice, nil such estate as is li.i'ib tr loss or depreciation in value, because thereby the btrgest value is obtained both for the debtor and creditor, and the officer is relieved of his onerous re sponsibility. A familiar instance of this care and foresight of the law is found in the attachment law, chap. 7, see. G, which provides for the sale of perisha ble estate even before the judgment, is obtained. If, therefore, the officer may not, iu consequence of the s ay law. sell before, or tit the return court, it is ob viously his duty to sell immediately after that court, whether a vrid. ervonts issue or not. if he do not, and the corn is consumed, or the stock die, or any of tho articles be removed beyond his reach, he is liable to the creditor for the full value; and if he holds and keeps the 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 Jaw and with safety to himself; and that is to sell as early as practicable. lit will be farced to do to. Now let us see what results: The sale is made bo soon as the vend, exponas comes to hand, and the money is held by the officer for tlie residnc 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 will spring up in the demoralization of the officer by the temptation to use the money himself. I shall close iny comments upon this most extraor dinary of all laws kuown to the history of the State, by noticing the matters excepted from its operation by sections 10 and mid 19. The former of which provides that the law shall not 44 apply to the collection of the .State or county revenue." And the latter that it shall not "apply jo the collection of interest on any contract already accrued or annually hereafter to 8ccrue." In regard to the first, il was wisely considered that all the public functionaries should be promptly paid, and the Judges even fully paid, though one half their services were dispensed with; and therefore a creditor' property should be sold to pay his tax, although ha was prohibited from collecting by process of law a dol Ur that might be due him in order to save that prop erty from sale. In regard to the fecond, it was also th Jtgl.lu'ly considered, that inasmuch as one man had Wid out his means in lands and slaves and annually got the yields o; the eicrth, and another had lent this very man all his money whirewith to buy his land, he ought to be at I bcriy lo collect, as his means of living, the interest on the money lent. And this was right. Now I say this was thoughtfully considered, but was it right so utterly to neglect and pass by the laboring niau'i means of living? His land is his labor, bis capital the industry of his hands his means ot living the sweat of his face; yet he may earn by hard toil the wages of day, a week, or a year, and rely on them to feed his wife and children, but now can fiadiu all the statutes "f tl"' la"'1 not a ,,ne of ,aw lbat "fc,P hint l P"dy 'e''ve'y " ' "" "'";. '.'V'. '"J '7 ,u"; I . . . : i n v 1 i' iltnl tliA A nnr- Al li.dll.'ii 111 ll!4 filf-0 II 11 II UThOU (. Hing- fchut t,)e door of ju3liee iu bifface; and whea he demands his scanty wages of the owner of lauds ami slaves, or tlie lender oi money, mr wuom. uu nas labored, he is coldly turned over by the stay, law to - the deliviof ft thre yerj'suit before a justice of lhe lo KCt firedolLrs. DAVIE. - . . I An Indiana Prayer. An Indiana clergy J man, during his prayer on the lato Lincoln Fast1 I. ,.,.a .i,- ft.n;t. u.,n fh T.a !'. usi:u uc luuun.iii: ui.u-k. 'J , . ; . . n . i . i ? . o. . 1121(1 IOC JjUSC Clone US well S3 Ul Iioonicr rutllB 111 ... .. . ' 1 ..- T .IT . . . W M . - . K putting down tuis rebellion, we wouiu not DC nn Uy CMgU of ttliflg' ot Thee." And' if ie whole of lhJ United State, had done well. tiiewiioieoi tne linuea oiaies nau. the rebcUioIJ would bc ju9t what it u Lemons at tub North. A Philadelphia pa- her feays: . Some weeks since a vessel arrived at our port tvilK 41 nn rcri .!' tnmn.i ittil InnAfl ' frilft tirip.l fit - vnvr . -.v. - --- r-; t.hat tirnA uraa nntivhlprpil -.irmsiiall V hlh. Tiz: Sfl ; - . . - j n per box Two week later there were but. ten .1 - .1 , . . .1 1 I uoxes in inc maricet. a geuueuian purcnasea two of them at 57 per box. Five boxes were soM next, a ay ioi- .another at the city was ten cent. per Single lemon3 were told cents a piece. One of the Yankee nrisonew from the wrecked steamer Union' marked at the depot here, that if he could get;: , , , . - i, - t. .rtt ..- - , , ' t- guess ne oniy expresses me iceungs 01 io several thousand pnsonert'tI.at W OOw HOW. Setcbern Progress. 1 t Ariil chance to ct the mouev.