Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1861-03-28
The E'ar4a Mortgage 1sin.

Ienuln9 the ISSUE on tue Bill TO relieve
the Farm Mortgages last week, Hon.
John G. Clark Of Grant presented the fol-
lowing minority report, which was read
The undersigned, minority Of tie Spe-
cial Committee, to which was referred Sen
ate bill No. 90, dissents from the report Of
the majority Of said Committec recolnmen-
ding the passage of said bill without amend
ment, for the following reasons:
First--This ball IS violation Of the
Constitution, inasmuch as it attempts to
provide for the appointment Of an officer
prohibited by the Constitution.
Second This bill is violation of the
Constitution, inasmuch as it denies to each
party the right to examine his own witness
es in open court, and also the right to re-
quire those Of the opposite party to be 80
examined.
1Aird-This OH is a violation Of the
Constitution, inasmuch as it "yioIates the
obligation Of contracts" BY SO changing the
rults Of evidence as to destroy party's
rights unless he can prove negative out
side Of his own oath, and by 50 changing
i the remedies as 10 make themuseless ii the
hands Of the creditors, and so as to serious
ly impair their rights and interests.
| Foarh--This bill is i violation Of the
clause of the Constitution which says hat
"every person to obtain justice promptly and
without delay" inasmuch as it provides all
the machinery for protracting suit through
all time.
FytA-This Lill is violation If that
clause Of the Constitution which says that
''every person ought to obtain justice free
" and without being obliged topnrchaseit,"
inasmuch as it requires the plaintiff 10 pay
all the costs created 10y the defendant, no
matter how unnecessary, no matter how UNI
just, no matter how lilrge, even if it should
amount to untold thor sands, without ashad-
ow of chance even to receive back one cent
or else stop all proceedings.
Sirts-This bill is violation Of public
policy, inasmuch as it strikes down, at one
fell blow, all corporations within the State.
it strikes its merciless fangs into every plank
road company, every joint stock manufac-
turing company; yea, more: It strikes It's
merciless fangs into every incorporated col
lege and academy in the State.
Seveath-This bill is fragrant violation
of public policy, inasmuch as it is en- exhi-
bition Of bad faith seldom equaled in The leg
islation of any country.
ETghth--This bill isin violation ofprivate
confidence reposed in us by the farm mort
gagors themselves, inasmuch rs it betrays
them with a smile and Il kiss, and binds
them with chains Of triple brass to the
wheels of that ponderous car that is crush
ing them.
For these many reasons | am opposed to
to the passage Of this bill. The repudia-
ton of her bonds by Mississippi, and Of her
northern debts by South Carolina. are hon
cradle deeds compared with this. Theirs
wee the acts Of open, bold, bad men ours
the tricks of jugglers!
it will poison the channels Of commerce;
it will injure every merchant in the land;
it will njure the business of our railroads,
it will dam up the tide of emigration, and
viii materially impair the revenues Of the
State.
The legislation Of SO is renowned in the
annals of history--as vet it has no equal.
Better a thousand times raise the funds
to cancel these mortgages by direct taxa
ton; better a thousand times let the 81
rocco Of the desert, with its poisonous
breath, carrying death and destruction on
its wings, sweep over the State than let
such an act everdisgface our statute books
If we have any SYM athy for these farm
mortgagors, we should not pass this act.
We are doing more than giving them q
stone when they ask Of us bread. They
are asking a fish. and We are giving them
a serpent, that will wrap its cold, clarnmy
folds around them and sting them to death.
They demand at our hands a fair triad, and
we propose to tie them hand and foot and
leave them at the mercy Of scuIless cor
poration.
have therefore prepared and beg leave
h rewith to submit a substitute which, it is
believed, obviates ali Of these objections,
and grants to these mortgagors all the
rights that they can demand under our
Constitution. JOHN Z. CLARK.
March l4th, 1861.