The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1852-02-28

statute lhtN mention, Int merely IN ftief
encr 10 Jroriso aad exception in the act
Can IL be, that BY the words, the Act al
Limitations they meant, not indeed the
general provisions OF that aci hut a mere
exception contained in It's 22nd section
cannot perceive any rational foundation for
such % sUrposiiiun. Ga the contrary. il
docs ,cem Go me, that to indulge II, Is Ia
suppose the legislature to have been either
incapable If VefceiyiuC the import of their
own language, or else OF employing lau-
guago appropriate to couYe, their meaning
Had they intended to declare n rule Of con.
sttuc,ion fer the 22nd section nlonc, they
would certainly have expressed that intcn.
ton. Had they meant To apply to .hst
section different rule here from that adorl.
Cd, udieially determined and applied 10 the
same language elsewhere, they would hive
employed language appropriate to convey
that meaning. Not having done so but
having used language which applies equally
10 c,ory provision OF the statute, rrescr.
bug tic time within wlcl, actions upon
contracts must be Drought, il IS it seems
20 me, most clear, that they noant only to
declare the rule Of construction 10 be APP
piled to ihe statute in general, and TO no
one section in particular
And they did this out Of abundant ran.
ton. least the Courts nigh. hold tina, tho
statute would no, otherwise operate to bar
the right OF action upon contracts made
ahroad or claims held by foreigners while
the holders were no: subject TO the influ
eucc Of our laws--a doctrine which has
been conicnded Tor in AZ. amcnt "a, the pres
cnt term of this Court.
l. il proposed ,o'clleciuate the real inten-
ton Of the legislature And can il be tina,
they actually intended to legislate for the
exclusive benefit Of foreigners. and 10 place
ihem upon more favored grounds than our
own citileusi For il is admitted. that il
the defendant had been e citizen, aud had
gone abroad temporarily, the statute would
not have run 10 his sayor during his absence
Can il bc that it was really intended to give
to foreigners legal advantage which was
denied to citizens.
To give effect to . statute is not ueccssa.
rily TO mabo it Introductory OF nrtr rule
l. il were 50. there could not be any such
thing ne a deciardfarV statute Legislation
does not uecessaril, Imply chnnge It, lc.
giiimate province is rs well 10 restore III.
common law, to render certain what may
he ,honrh, doubtful and To ensure uniform.
rs of decision. ms to remedy existing i'm.
projections, or TO innoyaie upon the cstab.
I. bed order OF things.
/, ia the well settled rule to ronstruo
statutes in reference to and In harmony
with existing laws. "ror !, Is not to be-
presumed lsays Chancellor kcpu that tho
upon the existing law further than the case
,,solutely reqnirc1 This Gc ad.lA has
hcen tine lanopnre Of the courts in every
,ac. and n,a Ne consider the constant
yobenioni and exalted oulopy which the
ancient sarcs bestowed upon the common
law IA the reflection OF reason. and the
best brthrieht and noblest Inheritance of
the subject. wc canno, be snfprised AZ the
nreai sanction given TO this rule OF con.
.tfucton." krn,. 4GI
Without entering upon discussion res.
pocting the reasonahlcness Of the adsdica.
lions, or intending TO resor, 10 The a-gu.
mcrtam al absprdaa. may be permitted
to advert to one consequence Of the now
construction, which is. that debtor resi-
ding in State where the period Of limiia
ton is double that Of our law, when the
period of the law Of bis domcil shall hayc
but halt elapsed may abscond to this state.
and his legal liability, aud the plaintiffs
night Of action Will tie cfectIally and FOR
ever barred, the moment the abseondiug
debtor COMES within 'he Influence of our
laws, and thus though bis creditor he Il
cHi-cf ~ if' state Can 1t be supposed
that the Legislature ever intended such
consequence, Can i be supposed that II
was ever intended that the plaintiff right
Of acton should he barred IN our courts
before II even had an eNisiencet tah the
ln'l'"''"on VI s"S" ,''e"''o" "r' WIN l"s'
uo'' cast "tI" 'ae 's's'"'H'c' "u'" ivy
nave Pr",'''u t'e ei"'siA', WIN an ,'~c,'
u" s"''iN "s""s' s'"', "'''a,Ua' ~ AZ
ioN'n5 mn 10 "'ao 'ne N't " i.'Ri'a',"nS
'' Tue S'A'' IRON, WIG" ne ''''sia, , III
.af OF , ,'' uou"h hei' W 'u'' io'' 'ec'
to- ne e""s'"h' :, mus pro,ee'co rs ~,
As mag ~ I"'''i'"''p'V wa" 'no s'nse ~
,S',0' N'''" w. ''us' @i,tosr 'e'u c
p'' ~ 'a4".et' "'''"' '"V "'S'ss''' VI W
10 az u''' ,'"S " sa'u ." oo.'''''''''
'''n 81 we i'"'o, "' s','u'', W ""'''''',',i
when iishHy "hhefs'o"" anu co"stf"e' II,
lut'hetance OF Tue iep's'HuVe intention, an"
ii'e pnnciFies OF flSh' ana jusace, ne,
II