Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-09

Cour. We have bestowed upon The subject the careful
aud deliberate consideration which lis Importance lie
nanGs
Upon the points certified, The question Is whether the
la sol iic:sn flla 10Th aad Ike g1ti Of February, io4
.oue within TIA: clsuse nf TIE o Section oil the Isl
Article @: he Constitution o the IT, s. Wlirh To:''
STATE from passing iaw 'm2airirg the obligation o
contracts.
The laws oe tcc -cgaa.iHg the process OF lis courts
and prescribing III. manner III which i: shall he execu
ted OF course do brnd Tie courts Of the T. States
whose proceedings riust be governed By the acts oil
| Congress-
The act of 1892, however, adopted the process used
in the State Courts, 1t stood in 1879 md since
,.cn he act Of lc9s, the subject, has been
passed and lie third section Of this ap directs that
final process Issued in Judgments, and DEGREES III any
of the Ccgrls Of the United States, ard the proceed
iucs escu3on, Shall be Tie same, except th"T style
in each State respectively, were then used IN the
ccar:s q s@c! States and authorizes The Courts oil
lie United States, they fit, in their discretion, by
rules Vi Court 50 lar 10 acc aai process. IA to cen
form the same 10 any change which! might afterwards
be adopted BY the Legislature OF the respective sih'es
for the State Courts. Any OF State Legislature,
therefore, in relation TO final process, passed since
lc2 are Of force Tie Courts Of the United States,
unless adopted by rules OF Court, according 10 the pro-
ys ems Of ths oct of Congress and although such
Stale laws may have been adopted yet they in.
operative and of force, if in conflict with the Con.
stitution or act Of Congress-
as concerns the obligations Of the contract, upon
which this controversy has arisen, they depend upon
the laws Of Illinois, they stood at The time the mort.
gage deed executed The money Que, was, indeed,
10 be paid in New York. But tie mortgage given to
secure the debt was made Illinois, for real property
situated in that State and the rights which the mort
cages acquired in the premises depended upon The laws
OF that State In other words, the existing laws o!
Illinois created ard defined the legal and equitable OBJ.
legations Of Tie mortgage contract
II the Jaw of the Slate passed afterwards had done
nothing more than change the remedy upon contracts
of this description they would be liable 10 no constisu
ona objection. For, undoubtedly, State may regu.
late at pleasure The modes OF proceeding in its courts IN
relation past contracts we'll future 1t may, for
example, shorten the period of time within which claims
shall be barred by the statute of limitations II may,
if thinks proper, direct that the necessary implements
of agriculture the tools Of the mechanic, articles
OF necessity u: household furniture, shall Ike wearing
apparel, no be- !al- - sXecnton on Judgments Re
guIatons oi this description have always been consi
GeEed ,verg ci~i,.aa community, rs properly be-
longing L. tie .enety IN he exercised not by every
severe gatv, ACQUIRING 70 its views cf policy az
humanity. And although 4 .r,.rdy mag be deem
ed les convegirnt ,haf Tie old onr and may, III some
degree render the recovery OF debts more taTcy and
difficult, ": Il VIII mol follow ha, the law is unconst
tulona Whatever belongs merely 10 the remedy may
b. altered according 10 the vii Of the State provided
the alteration docs not IMPAIR the obligation of the con-
tract. But Il that effect is produced, II is Immatefial
whether done b. acting The remedy or directly
tho contract Itself In either II IS prohibited by
ih- Constitution
Ths snl,c came before Tie Supreme Court in the
al Green B;atlr GecGed III l-2j and reported
IN Wheat Ii appears 20 have been Il. ice elias"
raeiy argued b, c9unse! on both sides aud deliberately
considered by the court On tie ;ar Ut liz d-maidanl
Ia that vas insisted that the iaws of Kentucky
passed III I7g7 .rl l-i2 concerning occupying clam
ants OF land, impaired the obligation OF the compact
made with Virginia in 1889 On tie other hand 1t was
ccniended that these laws only regulated the remedy
and did not operate on the right 10 the lands
In deciding the point, the Court say, 81. is won
der tina, the acts Of Kentucky in question
guations of the remedy, and not oi the righ; 10 the
nnds. If those acts change the nature and extent
Of existing remedies materially 10 impair the rights
and interest OF the owner, they are ust much yIo
a,on al the compact Il Trey directly overturned
his !:.!= ard interests And N the opinion deliver.
ed ug ;,c Cunf aii~r the second argument tile
rule reiterated ~ iancoage equally strong Gee pages
-, 10 and :! Tn, judgment u the Court is entitled
10 mere weight, because The opinion is stated the
report Il the 10 have been CnanToas and Judge
washington who was the oniy menlbeT .. the Court
abse nj the first Argument delivered the opinion on
the second.
We concur entirely in the correctness Of tile rule
above stated. II IS difficult, perhaps TO draw line,
that would be applicable in all cases, between legt
mate alterations OF the remedy and provisions which
III the form Of remedy, impair The right. But it is
maniest that the obligation Of the contract, and the
rights Of party under H. may, IN effect, be destroyed
by denying remedy altogether, or may be seriously
impaired by bur.Ecning the proceedings with new
CONDITIONS and RESTRICTIONS 10 make the remedy
hardly worth pursuing. And one, we presume,
would say that there is any substantial difference be-
twcea retrospective law declaring particular con
rac: class Of contracts IL b. abrcgaed and VOID;
and which took away al remedy TO enforce them,
encountered II with conditions that rendered il use
less or npractcnble 10 pursue il. Blackstone, in his
commentaries the laws Of England, | volume 81,
after having treated Of the decara!ory and directory
parts Of the !aw defines the remedial in the following
words
"1hc remedial part of the law is so necessary con-
sequence Of the former ,mo, that they must be very
vague aud lmpefiec; without il. For, in vain would
rights be declared, van directed 10 De observed, If
there method Of recovering and asserting those
rights when wronEIuy withheld "r invaded. This IS
what wc mean properly when speak OF Tho pro.cc
ou OF the lass. When. Tor instance, the decaratory
par, Of the las has slid that the field ana inheritance
whch ioueed iu's father, vested b. i:is death
Titus: and the directory part has forbidden any oac
20 enter g" ano;!cv's property without the leave Of
the owner; Il Ga'ns, after this, will presume TO take
possession Of tie land, the remedial part of the law will
then nerpose It's o;ice will make Gaus restore the
possession Titus and also pay HIM damages for the
invasion
We have quoted the entire paragraph, because it
shows, in few plain words, and illustrates, by fam
liar example, the connection of the remedy with the
right II il the part Q: the municipal law which pro-
and maintains it, Ii this protection which the clause
in The con-:ution in question mainly intended 10
secure And it would Be ~" just 10 the memory Of the
Distinguished WHO framed il, 10 suppose that j,
vas designed 70 protect mare barren aad abstract
Tgh', wttori any practical operation "pon The bus
ness Of HE. II was undoubtedly adopted part Of
he constitution for great aud useful purpose. 1t was
TO maintain the integrity nf cont'acts and - secure
their faithful execution throughout this Union BY pac
ing them under the protection Of th- Constitution OF
the L. $. And il would but Ill become this Court TN.
der any circumstances, 10 depart from lie plain
ing Of The words used, and 10 sanction distinction
between the right and tie remedy which would render
Tbs provision iilusive and nuga'ory-mefe words Of
form -"o'ding no prolection-and producing no prac
teal result
We proceed 10 apply t'icse principles 10 the case
before Ug. According 10 the long settled rules Of law
and equity in ali o! ;hc STATES whose Jurisprudence has
been mndeici upon the principles Of tie coinnonaw
10 !.ca. tle L. the premises question vested III the
complainant, upon lie failure .: tEr mort gagr1 to
comply with the conditions contained i'll the proyiso
Ard Il lev he had right 10 !ar and rscaver The
,r,i RIM Cd