Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1843-04-15

in the report of the case to have been unan.
imous; and Judge Washington who was
the only member of the Court absent at the
first argument, delivered the opinion on
The second.
We concur entirely in the correctness
of the rule above stated. 1t is difficult
perhaps TO draw line, that would be ap.
plicable in all cases, between legitimate
alterations of the remedy, and provisions
wiic' in the form of remedy impair the
right. But it is manifest that the obliga-
ton of the contract, and the rights of
party under it, may in effect, he destroyed
by denying remedy altogether, or may
be seriously impaired BY burthening the
proceedings with new conditions and re.
res'r lions. SO us II make the remedy
hardy worth pursuing. And no one we
presume would say that there is any sub.
stantial difference hctwecn retrospe tive
/ law DC 'laringa particular contract or class
Of contracts TO ho abfngated aud void and
one which took away all remedy 10 enfDrcc
them. or encumbere it with conditions
that rendered it useless OF lmptantIcabc
10 pursue il. Blackstone in his common.
tlrics on the laws on Eugllnl, wi So,
after having treated Of The doclaraiory
and directory paris OF the law, defines the
remedial in the following words
"The remedial part of the law is 50
necessary consequence Of the former
two, that laws mnst Le very vngu and I'M
perfect without it. For in vain would
rights be declared, in vain directed u he
ob,crved, if thee were no mc,ho1 nf rec0.
vcrng aud asserting III sc rigNs when
wrongluIy withheld or invade THIS is
what we mean properly when We speak
of the protection Of the law. When, for
inst nee the decllratory pr; OF the law has
said that the field and Inheritance which
belonged T. Tttus's father is vested Ivy his
death IN Titus, and the direat,ry part has
forbidden any one to enter on annlher's
properly without the leave Of the owner /;
If GaiuS after this will presume to take
posse, sion of the Ian the remcd, al part %
the law viii then interpo'e hS Office; will
make Gaius restore the possession to IL
tus and also pay him dlmlges for the in
vasion."
We have quoted the entire p1rag' aph
because it ,hnws in a few plain words.
and illustrates ny a familiar example, The
connection OF the remedy with the right
1t is the part Of the municipal law viii h
pro'e is the right, and the obligation by
which it enforces and mrintains it. 1t is
this protection which the clause in the con-
stituion now in question mainly intended
to secure. And it would be IN just to the
memory of the distinguished men whu
framed it, to suppose that it was designed to
protect mere barren aud abstract right.
without any practical operation upon the
business of life. 1t was undoubtedly
adopted as part Of the constitution for
great and useful purpose. 1t was to main
tain the integrity OF contracts, and TO Sc
cure their faithful execution throughout
this Union by placing them under the pro-
lection of the constitution of the United
States. And il would but i'll become this
court under any circumstances, to depart
from the plain meaning Of The words used,
and to sanction Distinction between the
right and the remedy which would render
this provision Elusive and nugatory-mere
words of torm--atfording no protection
and producing no practical result.
We proceed to apply these principles to
the cause before US. According 10 the
long settled rules of law and equity in ali
Of the states whose jurisprudence has been
modelled upon the principles of the COM
mon law, the legal title to the premises in
question yes ed in the complainant, upon
the failure oI the mortgagor to comply with
the conditions contained in the prJviso.--'
And at Jaw he had a right to sue for and
recover the land itself But in equity this
legal lille is regarded as a trust estate to-
secure The payment Of the money and
therefore when the debt is dis .hlrged,
there is a resulting trust tor the m rig g r.
/. Peter, AL. Conrad ". The Atlantic
Insurance Company. 1t is upon this con
slruc ion otthe contract that courts If elui.
~ lend their aid either to the mprigag1r
or morrgIgee in order 10 enforce theirre.
S,pectlve rights. The Court will upon The
Application OF The mIrtsa sor, direct the re.
conveya nce If The prIperly to him up III
Inc payment Of the money; an upon tn
applc,ti Of the IN rtsagee it will order
a sale Of The property II dis 'ha'ge the deb'.
! Bat as courts OF eluuy follow the law, they
acknDwIe ige the legal tte OF The m1r'ga-
gee, and never deprive hun Of his rights at
aw un'A his de1t is paid, an he is emil
tied to the All OF the Court t. extnguish
The equitable ute Of the mIug gnr. IN or
DER that he may o.tlin the benefit of his
security. For his Irposc i, is his abs =.
late and undoubled right under an ordiaary
mphgage deel, ift!e money is no paid at
the appointed day, TO g. into the Court of