The Illinois free trader and LaSalle County commercial advertiser. [volume] (Ottawa, Ill.) 1841-1843, 1843-03-31

plainant, ii was ordered and directed that
this cause, with said points, be certified
TO the supreme court, in pursuance of the
act of congress.
j And it is upon these questions, thus
certified, that the case is now before us ;
and the 9Th section of the act of Feb, 10Th,
and the entire act Of Feb. 9th, are set
forth at large in the record, as the laws
\ referred to in the above mentioned rules
of the circuit court
The case has been submitted to the
court for decision by written agreemen;
between the counsel on both sides. On
the part of the complainant printed ar
gument has been filed, but none has been
offered on behalf of the defendant. AS
the case involves a constitutional question
of great importance, we should have pre-
ferred a full argument at the bar. But the
parties are entitled by the rules of the
court 10 bring it before US in the manner
they have adopted; and it being our duty
to decide the questions certified to us by
the circuit court, we have bestowed upon
the subject the careful aud deliberate con-
sideration which its importance demands
Upon the points certified, the question
is whether the laws of Illinois of the 10Th
and the 9th of February lS4l, come
within that clause Of the 10Th section of
the lst article of the constitution OF the
United States which prohibits state from
passing a law impairing the obligation OF
contracts.
The laws of state regulating the pro-
cess of its conrts and prescribing the man
ner in which it shall be executed. OF course
do not bind the courts of the United States.
whose proceedings must be governed by
the acts Of congress. The act of 1872,
however, adopted the process used in the
state courts, as it stood in 1889; and since
then, the act of 1928 on the same subject,
has been passed and the third section of
this law directs, that final process issued
in judgments, and DEGREES in any Of the
courts of the United States, and the pro-
ceedings thereupon, shall be the same
|. except their style in each staterespecnvelv
as were then used in the courts of such
{ state; and authorses the courts of the
{ United States, if they see fit in their dis.
r cretion by rules of court so far TO alter f.
nal process, as to conform the same to any
change which might afterwards be adop-
, ted, by the legislature of the respective
: states for the state courts. Any acts of a
state legislature therefore, in relation to
, final process, passed since 1928, are of no
force in the courts of the United States,
: unless adopted by rules ofcourt according
to the provisions Of this act Of congress,
And although such state laws may have
been so adopted, yet they are imperative
, and of no force il in conflict with the con-
: stitution or an act of congress.
| AS concerns the obligations of the con-
tract upon which this controversy has
; arisen, they depend upon the laws of Hi
nois as they stood at the time the mort
gage deed was executed, The money due
, was indeed to be paid in New York. Blu
the mortgage given to secure the debt, was
made in Illinois, for real property situated
in that state, and the rights which the
! mortgage acquired in the premises de
I pended upon the laws Of that state. Ii
other words the existing laws of Illinois
) created and defined the legal and equitable
{ obligations of the mortgage contract.
If the laws Of the state passed after
G wards had done nothing more than chang
L the remedy upon contracts ofths descrip
G ton. they wonld be liable to no conslru
t tional objection. For undoubtedly a stat
n may regulate at pleasure the modes o
proceeding in its courts in relation to pas
5 contracts as well rs future. 1t may 70
i example shorten the period of time within
: which Claims shall be barred by the statut
c Of limitations. II may il il thinks prope
: direct the necessary implements OF agrt
f culture, or the tools of the mechanic, o
1t articles Of necessity in household furnl
o ture, shall, like wearing apparel, not b
i liable to execution or judgments, Regu
S lations of this description have Away
;, been considered in every civilized con
Il munity, as properly belonging 10 the re
NEEDY, to be exercised or not by ever
n sovereignty, according to its own views {
policy aud humanity. 1t must reside
e every state to enable ii TO secure its cit
e zsns from unjust and harrassing litigation
g and to protect them i'll those pursui,
IS which are necessary to the existence all
N Ill Lo;or. ~ a,or,. cor,,nunit, Az