Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1840-03-19

binI ~, " means olinducira him 10 perform it..
M, ~ oio'e may refuse tolDhict this punlshme
~ or may withhold this noehns ana lcare his {,
ny tract in Jul force.n dhis i perfectly Nh
ana sun does not, BY AMI means, warrant Il
u, deduction which the ChiSf Justice draws fro
:" II. II is true that the-d exists distinct,
ole oc'wcon right and a remedy, and that Il
oie remedy may be modifeIwitbout impairipg II
~ contract; but the consultation protects moi onl
I, me contract itself II also its obligation.
! protects the remedy more particularly. eve
"a man y does the contact. Ifthe clause rea
: mo law shall be passed imparing contracts.
. me opinion would probably be correct; BIZ
- where lhe constitution recognizes distinction
~ oe,"een The contract and its obligation, it is no
). Io"'y necessary TO show that the contract re
:, mains lnyIolate, but also that its obligation i
: IunimpaIfed. That The trainers Of that instru
! lnent recognized this distinction, is apparent
!, rom the language they have used. 1t is writ
!. zen wl'h great purity AM precision, and il
would be entirely unjust to suppose tha. they
You'd commit the gross Pathology which Judge
! Harshall supposeS, ii his view ofthe question
is correct. Ifthere il not adherence between
an obligation and contract, this clause would
IN elect, read thus, "no law shall be passed i'm.
IParlng the contract ola contract.n
lie, however, as well as every other iudoe
VINO decided the question in that manner. trea.
'ea the contract and the obligation las synopy.I
NOUS terms, and after drawing a distinction
between The contract and the remedy allowing
upon II, and establishing thai the coatraet re-.
NAMED lnglolate although the remedy MIGHT h.
HoulHeu' seemed to consider the question as
se't'eo' and decided not TO be an inrraction of
me constitution. The error consists in con. c
founding The terms, the contract and the obl. |
sa'ion' (Which although popularlyEand vulgar. |
y synonymous, are evidently used as convey s
ng dileren Ideas, by the convention of saoes b
VINO framed the instrumont,) and by sopoosing h
ne contract alone is shielded by the constItn' =
lo"-"heh IN truth, the remedy is protected CT
lote explicitly than the contract which i not W
o''ceo or guarded, except by the protectioo "
lroWn around the remedy. lii he ,rua tba, co
lefe IS difference between contract ondits TT;
oaaio,l' winch 1t seems to US impossible to VI
'ny win any regard toIogic, and if the obli. MI
'''on OF contract is understood 10 be its sane. re
'n' It's o1ldlng lorce, the aggregate amount Of ma
asoilS "hlcn induce It's performance, how W
- q Jaw winch takes away the principal rea- ito
p" 'ot inducing the performance ola contract no
III the right which thecredilor has 10 eIItbe ex
opor'y Of The debtor, is certainly one of the ap
.on3eSt reasons which influence the debtor n pu
y 'n9 de0t') be denied to impair the obioa. lie
IL IL aocs not impair the contract. hut does pu
"o' ul'lihSh and weaken and innair tho ate
notion, the binding force, the amonnt ~ 49,, ,"' ter
''' c cno oo"gatIon upon The debtor to perform ito
nc measure was opposed in the Ierisa Tor
20 upon Inc ground, that modification or va the
C ~ VI 'he remedy impaired the contract il, len
y, ""ch we believe has been the ground. al me
~ assumed IN opposing the principle. ard tea
y p "r,, DIy De 'en211 The view we have nu
Ken OF it we bolieTls pew and tberefora Vii pa
obably be consy6rcd 70 1e ,ertanIv wro %m rec
t II strikes ushs so obvious. ca nlair o,J = pa.
It, that we would not ihesitao to h,sa " 49, ~
nlon or action upon'll in defiance If all I, ,ha
ges in christende@G M&do not feel is su 's g
NJ interest in the question TO investigate i ~
roughly, or 10 make an elaborate aro1ment oo'.
'a IL put only throw out these THOUGHTS ..oo "p'
SAINT We were entirely willing tho Iau WIN
'uld be passed, and felt no disposition tom "a, n
. u; aahough with the opinions which we e"'l
L we could not have voted for it ourselves a'iu
40 no. censure any member, however, for G, ~
ng so; as ne certainly had the opinion of the ~,
ISL tribunals IN the world in his SUPPORT :, \
'ertheless, as we said before, We are COM ~
ca to believe they gave such decision en-. ''o'
convant;o, no,,II ~. ':'"' Tue members oil the
slation with euch : o,,an.;l ,o " eohoarfass whe
'to', although the language Of the clause.
'onahy interpreted, will bear no other con.
such has beon ,he rr.c,;oo ',Gu 80 ueclaed, who
ted States A. va ou9ho't the were
10 first principles would leave every onas 'loil
forever unsettled, and the practical inter h t'a'
81 inc world require that there should he ~ "i.'
termination to debate. The settled and ~; ~.
orm decisions of courts in legal matters ~,
'nose OF society minerals, might be reo,r /; -
's conclusive; and we would censure no h h1'''.
VINO had doubts upon the subject, for be,g .'''se
fhed by the authority which can vbe addn' ,o,no
u me support of that side. -ASouIera Sgn ~ g
'''s'" ""t' mem
.S'GN = The Sentinel proposed last week saw ;
the 'tender footeI democrats il ,he ~ Harr
'ufe should resign their seats, in order saw
|helf places might be filled with men who arour
carry out fully and faithfully the views saw
people We second this motion, but we hotties
rther than our neighbor in the no,,er balls
'eeve thatthe present LepisIotnre, hos the Fl,
iGea the state and outraged every prnc- SON
iaw' common Sense and dacency. and nave
lore we 60 for an entire change. and we and ii
lot whether they be hard money dana He wa
or tender footed democrats, we nix tben, He tot
gn and place themselves and their ac,s he act
me people for approval or condemns. ored b
y they have acted from proper motivos by his
an have no fear 10 throw themselves m, preSen
Dit constituents, and to make the ,,,,.r valor;