Western union. (City of Hannibal, Mo.) 1850-1851, 1851-01-16
CITY OF HANNIBAL, MO-, JANUARY 16, 1851

u "
the pr operty to be divided into convenient par.
GELS, it could with much more certainty, be solt
for fair price. l recommend, therefore, tha
tho law be thus amended.
The subject OF tho proper manner Of stating
the accounts Of the State of Missouri, for the
Three per ce.t. fund, periodically appor,ioned
to the State, at the Treasury department Of the
General Government, has been brought to ny
consideration. Upon an investigation Of the
matter, | was induced to believe, from The
manner in which the accoun, had been prev
Iiously stated, that Missouri failed To- get the
amoun, justly due under the compact upon
which the coim rests. With a view Of asce,
tanning the jnst right, of the State, and to hav,
a re stdenert Of the accounts AT the General
Lrnd Ulficr, have employed aud appointed rs
agents Tor the State, three gentlemen, Messr.
E!iredge, Stewart and Platte. These gentle
men were highly recommended TO me for their
qualifications ard business habits. They pro.
posed, as a compensation for their services. q
certain per cent. on the amount gained TO the
State, and TO be conditional l-dependent upon
this contingency. did not feel authorized to
do more than TO give them authority to act for
the state, leaving il TO the legislature to fix the
compensation. ! lay before the legislature the
correspondence on this subject, and recommend
that the compensation to these agents te fixed
by law. The report received from these agents
shows that from the restateinent Of the accounts
thus far made, and upon principles admitted to
be correct there is an amount already ascer.
taired that will give TO the State an additional
sum of more than 20 600 dollars. and before il
shall be finally settled, may more than double
this amount.
have heard no objection urged against thi.
policy, which, in my opinion, merits consider
alton, except the one. that il conflicts with TIE
rights OF creditors, and violates the clause of
the con,,tu,ion, which prohibits any law to be
passed impairing the obligation of cnntrac,s.-
A. | recommend a homestead exemption, in
addition 20 the property already exempt by law
! trust that it may not be thought out of place
that offer few reasons to show thai there Is
no force in this objection. Contracts arc made
by parties, and if sanctioned by law, il prom
i.es to enforce performance. should the party
ceciue performance himself The obligation
of IA contract, therefore, within the meaning Of
the constitution. is that law which binds the
party making the contract to u performance
thereof Does law which reserves 10 the
head Of II family, his horse, his oxen, or hi.
plough. relieve him from the performance Of his
con:raotp Certainly not. The obligation re-
main. yet IN force, nor is it impaired in any
manner This question has not failed to IN
lerao judicial investigation, and the courts have
all based their decisions upon the ground, that
such legislation acted on the remedy only, with
out infringing at all upon the obligation Of con
tracts, aud that il may DO made TO operate upon
pas, contracts, us well as future. The position
here assumed. j. sustained by the highest jud
icial tribunal known TO tho constitution. In a
case before the court Involving this point, Chief
Justice Tan y, in delivering the opinion Of the
court, says: "if the laws of tho State passed
afterwards, that is after the making Of the
contract, had dnne no more than change the
remedy upon contracts, they will be liable to no
constitutional objection, tor undoubtedly Il State
may regulate, at pleasure tho modes Of proceed
ing in its courts in relation to past contracts
ii well as future. II may, if i, thinks
proper, direct that the :cccSsa,y implements
of agriculture. or the tools of a mechan-
ic, or articles Of necessary hou,chold 'nrni-
tnre, shall like wearing apparel, not be liza.
bile 10 oeXecnlion on Judgment Regulations
of this description have always been consd.
cred in every civilized community, rs prop
erly belonging to the remedy, to be excr-
ciSed or not by every sovereignty, accord.
ing 10 its own views OF policy and humani
r ty." 1t is absurd to say. that if, as is here
admitted. State Legislature may pass laws
exempting from execution and sale, nercs-
sary implements for the Use of farm, that
it may not also exempt homestead for the
same party. in order to render these imple.
! menis available.
submit the matter TO the legislature
with no other de,ire than to protect the
rights of creditors, while hope, also. ,ha
! something may be done for the relief of the
oppressed, and afford means of support
for the mother, and the education of the
Young and hel pIess, which will doubtless dc
much IN the prevention a crime. and the
advancement Of morals.
Believing that there are too many hal
: lowed recolections connected with thu
namo of Washington, cherished by the peo
pie Of Missouri, to doub, for a momen
their wish to contribute in erecting q natona
monument TO perpetuaie his name. have there.
fore engaged block Of marble (, be preparst
!, from the quarry in Cape Girarasau county, o
} proper size and dimensions, which ! propose &
have forwarded to Washington city. to constitute
a memorial in the monument, for the State o
Missouri, that her citizens participated in th'
noble work. ask for an appropriation to enabl
me to carry thi, object into effect.
The Lnnatic Asylum, authorized to be erse ted by al
act OF the last Legislature has been put under contract
c aid will he completed sometime during the ensnin
Il summer, ready for the reception Of inmates. The build
ing is beautiful sPeeim'n Of architecture, one wei
suited TO the humane purposes for which Il s intended
md reflects great credit upon the State The plan
the building, also the contract and bond for its
pletion, file in the office OF Secretary Of State =
49, Nl,ol