Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-11-18

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the adyentitious circumstance of his resi-
dence IN another state, entitled to make
his claim either in the federal or state
court, should recover more by resortino 70
the former than he would have recovered
iiad he applied to the latter court. With
respect to rules of practice for transacting
tne business OF the courts, different prin-
ciple prevails. These rules form the law
OF the court, and is in relation to the fede-
raj courts, law arising under the consti-
tuition of the United States, and conse-
! quently not subject to state regulations
1t Is IN reference to this principle, that the
Eth section OF the same Judicial act autho-
rizes the courts OF the Uni ed States TO
make all necessary rules for The orderly
conducting business 10 the said courts. pro-
vided the same are not repuSnant to the
laws OF the United States and under this
power, the diiterent circuit courts at their
nrst SESSIONS, adopted the state practice as
1t then existed, which continues to this
Day, believe, in all the states. except .so
lar as the courts have thought proper from
time to time to alter and amend II.
Hoeed the counsel for the plaintiff in this case
seemed 10 admit the distinction between general
laws affecting rights and those which relate to
| the practice of the courts still he contended
lia. the ~ct OF assembly III question afforded no
| rune OIL declslon tor this court, and Could NOT
be pleaded IN bar of the acton because II was
enacted since The year 1889. Now i; IS most
eiear, hat law Which discharges a contrac IS
no more law OF practice than one under the
sanction OF winch the contract WIS made. Fit
"oulo Oar the action IN a state cou l. II would
equaiiy do so IN a federal court although the
particular mode OF Sc ting up the bar might de-
pend upon Ine pracuce and rules imposed by
me sta1e law upon the former courts and those
| "hieh tlle latter may have thought proper to
adopt
The next question is, whether the law relied
upon by the defendant TO bar the present ;c nan
! - fspuShant 10 the const futon of the United
states, and on thai account Is not To be regard
| by the court N this case. shall reverse the
order pursued by the counsel, and consider. in
| the 1rst place, Watcher this law is rsoupnant IN
the constitution upon the ground of It's Inpar,ne-
| the obligation of contracts.
| Il may be proper to premise, that law NAV
be unconstitutional and of course void in rela-
Ton to particular cases, and yet valid to all IN
ee'iss aau purposes IN us application to other
cases within the scope of It's provisions but Va
rying from the former particular crcunls ances
| linus a Ia" prospective in Its operations, under
| winch contract afterwards made NAV be avoid
ed IN way different from that provided by the
parties, would be Clearly nstItutional because
| Use suPulations OF the parties which are neon
sistent with such law, never had q ieral ex,S
tence, and or course coald not be impair ed by inc
law. But n the law acts retrospectiyelv rs M
other Contracts, SO as 10 impair their obligation.
me law IS invalid, OF N miider terms affords no
rule OF decision an these jatter cases
The question then S Whether a law of \
STATE winch declares that debtor by delivering
up s estate for the benefit OF his creditors, snail
De IOr ever discharged from The payment of n >,
4 uCDLS due "a led nal., 4
lie iIw, whether the creditor do any act or moi
III a'd Oh the iiw, can be set up 10 bar e rphf
OI sach Creditor 10 recover has deb eitnr IN !
federal " s,aIe codrtl feel no d iiculy M SAVING
1a@t ~ cahhot, because 1ne law IS IN IT'S nature =
OPer~tion one Which IN me case supposed, nm
P@ns .he oDn6a4on Oh contract. What IS the
0D.igis1Sn VI co tracl II 20 do, OF not To do
= c-' sin ching AHa this may De ether absolute.
" Jrundei some coHdiuyn, Iinmel,ateiy or al
s0ae iutuFe tinie or 4neS, and ~ some speclneti
pace. laS1 therefore, which autho zes the
| 1isCt~rSe OF cOAti c, Oy a smaller sum or at
uiIsrent liuie, OF III different manner than
Ahc Paftits nave Stipulated, iinpalrs it, obi
y Substituting 10, Tie Contract OF the par es one
winch .4ey never en'e.ed mo, and TO he perfof-
mNnLe ofwn,cb tney VI course had never consent
| cd Inc oid Contract Is Completely annulle.i. &
ieSisia.Ye contract imposed upon the par,, r.
i'll leu OH Ihat law VIII ch declares an exist
ms contract 10 De VOID, lmpairs Us obi gaiion.
".iI' Presume, De adnItteu by ali men VINO can
| understood t.e iorce OF the planest terms nv
| Il MOI 50, ulen should be curious In ,nn,,, =,
| What MANNER tbe obligation vi a Contract can he
| impaired Aid u tnis be The effect of s,lcb J
! Law, IN what rGspect does IL differ from, ,hsr
"Aich declares t'at = debt Consisting of a spec,.
heu suiii, ana due a. an AppOinted pe.od of tue
Shall Dc discharged Al more distant or indeed !
| oihsrent Gnne or with u smaller sum The de-
gree Oi 3nJdry 20 the creditor may Denot 40 eryea-
ih lhe one ctse ~ IN Tie Other, but the prnc,nie
10 Pecseiy the same. That the fra,m.rs of line
Constitution were extremely jealous of the eyer.
cIse OF sucn power b. lie stale goyernr,erts
Is apparent from oghet parts OF the section -
winch the provision an examining 3 found 4,
wound nave been VAN thu,s to probibit tbe sts4s
governments NOM passing laws by which a con,
TSct might De annu'ied or discharged b. the
payment OF a less sum than 1t stipulated. If they
Could emit bills oicredlt, and make them. or AM
unng but god and siiyer CON, tender m nav.
ment Oh debts and therefore lhey are ex,r,... =,
prohibited IRON passing any laws when ro,r,,
p'Oduce such consequence. And vet eny
"hicn Should make deprecated 1aDer c,irFcp.
cy a tender IN payment OF debts, ma ,snt be IN.
hulteiy less injurious TO tie cred, tSr tbau one
which discharges ene debt altogether anon, fnc
payment Oi perhaps shining M the pound ~
any otner sun, less than tha1 stipulated IN be
paid.
| The opinion given upon ttis last point, decide
! uie cause ln favour OF the piamtif aud 4 foi n,
wen spare myself the trouble Oi exaInin,nr IN.
OTHER objection made BY The plaintiff COINS. A.
the validity OF tnls law. But when yb eve f.,,o
Tie case Under cOusirleraf ION fa.f ...-l.