The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1860-02-11

~ N VOe0SAstteS o. tMe W00ke IN t0e 6enetc. Inc
soet spicy and able discussion occurred mon Il
hat have heard in that body this session.
fhe Inaugural il voeful pin for the Democracy !
md It. refsgree 70 the course ofthe Demccrasic
party Tie - 1sw years, aroused ~ 'squAtter1
4 ~ nu6ela6 b aol ~, ID w6ekss
"a up llnc frenzy IN the blood of ths self-expa-
triAted sons Of he chivalric SQush
Il Bailsy ~ nu1sey were IL ehampions Of
Douxlssisn. ana 49, ocesdoa to boast sonse-
what of ~ ersata nationality Of the Democratic
party, and q isa union, harmony and glory gen
ofally. Z. 9i4 sA reg M s4 ssg .s
Wilson, u JelIssson and McPhcrson made the
principal speeches in respoase Wilson never
makea anything but good speech. Ne poured
Ia tho hot. shot on Democracy Without
stint. McPherson, IN replying 70 soms re-
marks Of Bussey on the doctrines Of the Demo
cratic party read the resolutions recently passed
BY The Legislature Of Alabama. With only ope
dissenting vose, calling on Congress % pass >
Slave Code for the Territories As he read these,
be commented on Them showing the wide differ
ence between tie doctrines Of the Democracy Of
Alabams, and that Of iowa, as expounded by Mr..
Bussey. tombstone, seeing the gap was widening
aui6eient 70 let the whole Douglas Democracy Of
the north through, called on MCPHERSON TO for
bear his comments. McP. replied that they could
understand his comments, but would be duh and
10th TO understand the resolutions. - ..S
4 The debate was also participated in by Scott
and Powers. ssst
Il Scott is the humorist ofthe Senate Patterson is
the complete waggish wit, while Scott sees the
joke at distance and drives to it through lane
Of comicaIitics and in coach and four of hu.
NOR.
Yesterday it was expected there would be
long debate, as the Message was not all referred,
but the urgent necessity Of employing every mo-
ment of the session in the more legitimate cork
Of legislation restrained the Republicans from
continuing the discussion. r1a itssa
: In the House, most Of Friday and Saturday
were consumed on a bill to provide for redcmp-
ton Of lands cold under mortgage foreclosures,
(which applies as well to the present as future
mortgages no 5e9 taa
Mr. Claggett offered a substitute which also
provides for one years stay Of execution as well
as the year redemption after sale. But Claggett's
bill is declaratory one instead Of IN enacting
one It declares the Law now to be what the
bill Of the committee would make it. This gen.
tleman takes issue with the Lecompton Commit.
tee, and argues their late decision on this ques-
ton is all wrong. But the great difficulty would
be with his bill, the Supreme Court would most
probably decide the laws as they understand it,
and not as the Legislature understands. Y 49,
Judge Hall very justly remarked that the
Supreme Court would be bound by their oaths
to disregard and hold for naught any such legis-
elaticn--that he hoped he should never see the
day when the Supreme Court Of the State would
disregard the oath Of Office so far as to subject
its opinion to the mere opinion of construction
Of the Legislature. Yesterday these bills were
taken up at 10 A. N. in committee of the whole
House. Mr.. clagget took the floor and spoke
over two hours and till the House adjourned
over till Monday, on his bill. The Judge had
prepared himself and made good legal argu-
mcnt in support of his BILL He commended that
the Code and Session Law of 1853 gave to the
mortgagor one year to redeem, or, if not, that
then the common law was stillin force, and that,
If so. the mortgagor has ten years to redeem.
"a By his declaratory bill he would reach mort
cages now made, and cases now pending in
courts, and by his stay Of one year he would en-
able the people to get out of the present ''hard
times" and he would have that part of the Law
expire by limitation then. His argument was
mainly based upon the ground that the bill af
fected only the remedy and net the contract or
right. '' {-s7 geo ~ '"A {.
Judge Hall, on Friday, in a short speech, read
from case that went to the Supreme Court
from Illinois, wherein the L. S. Supreme
Court held the term of redemption was a part
Of the right of the mortgage under the cor
tract--that a law extending the. time Of re-
demption was Law impairing the obligation Of
the contract and 50 void. ' FL
But counter authorities are not wanting. For
example, Judge Clagget cited the action Of our
own last Legislature which postponed terms Of
court for nearly year, and made the first term
but an appearance term, which was nothing more
than prolonging the time which the creditor had
to wait for his money. Various other cases
were cited both for Legislative action and Judi
cial decision, where the time had been extended
by law, subsequent to the contract, within which
it could be enforced IeEeya3 q. Efsz f+5E
This is vrata .fassio among judges and law
yers The right and the remedy often SO nearly
merge that the keenest perception is confused.
The long experience of Judge Hall, his large
learning, and the candor for which all parties
admire him, gives his opinions great weight in
the House. With him is joined Clay Caldwell,
Chairman of the Committee on Judiciary, whose
energy and natural ability make him most sue
cessful advocate of any measure. viii, ! think,
prevail 1t is the evident wish Of the Legisla.
ture, as remarked by Judge Hall, to go to the
very verge Of constitutional right, in giving re-
lief to debtors during that time. But while the
State should care for its citizens and protect
Them from rapacity in their adversely, we should
rot make Laws that will not stand the test Of
time. Temporary legislation is the curse Of the
State that adopts it. There is no doubt that o
arge amount Of property in cur State must be
sacrificed under the hammer But it is the legit.
nate result Of the graceless spirit Of speculation
hat pervaded every part of the State three years
'incc. Property must break down. No stay, Of
wen ten years duration, could protect debtor |
n his property bought then, and for which his
lebts were contracted. 1t has been said on |
he floor Of the House that lands win not cell for
u ,25 per acre that were sold at Is and IS per !
lcre three years since. Yet know that there |
IRE thousands Of acres of land in Western Iowa |
hat win not bring the cost Of entry FIVE years |
ince. Can you protect men, by law, from debts
Contracted on such purchasess 1t Is the law Of |
rade that the man who makes bad bargain |
must suffer the depletion of his capital, at least,
0 the extent Of his folly.
1t is very lamentable that the condition Of Iowa
) that Of so deep . debtor, but she had better
ct out Of that at once with the sacrifice Of the |
omplete change of ownership in her property,
han let these debts haug along for Eve years
nth their accommodating interest. ,ss9-
Tomorrow the B. r. bill comes up in tte |
louise and lively time is expected. In the