Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1861-03-14

ing that CAS- It has. with refeyono
Constitution Of the United ST.. % The
authoritatively determined bv ~ ',sS seu
Court that the remedy afforded !, ouPreus
laws enters into and forms ny :! existing
obligation Of contracts, / feel l r'',s q the
governed by the principles tbera 0u a 70 b
ed" Again on page 5Sl we fnS I''Sollsb.
late case Of Curran IS. State a. Az INT Tie
10 How. S04, the doctrine thu, - thh'aRansas
forms, in part, the obligation os So u remedy
tract is distinctly repeated and ra.s see con,
Mr. Justice Curtis indeliyeling tba
of the Court says: "But il Sv ~ opinion
follows, because a law effects oplr :, Means
dy, that i does not impair the o tue 'ene
Of the contract. The obligation ~
tract, in the sense in which tbeoa y con.
used in the Constitution, is tbot "o'@ are
performing it which is recoon;zaa uu'y Of
forced by the laws. And # tha uua en-,
changed that the means of enfo,.;' s $50
duty are materially impaired, the oLr laa
ofthe contract no longer remains II 0usauOo
This is the law and no aromr my same
evade it. And now to show yo,, 'i L eaa
the legislature can modify, and bor now Ia
cannot modify, | will read still fartba,slaa
the same decision, page $40, aTbs , ION
OF the case scenes to bethat the eo;.l ,s'ui
may alter or vary existing remedies '''a'0's
pleases, provided that in so doinc i. "
ture and extentis not so changed i m ~
rally to impair the rights and ;n,os." "'a'.
thecreditors." Again, on pape 5ss '' IN q
only limit or qualification Is is eye' , ias
that the Legislature shall con6na al
action within the bonds of reason and ;,. .uSF
and that they shall not so proloS'. :,
time within which legal proceedings ., '4'
be had, as to render them futile and me-" ny /"
il the hands Of the creditor, Or saIo .',A
impsif his rights or securities"
Do these decisions mean anvtb;,,,
Will our Courts regard theml Wiz.
pay any attention to Sec. 0 Of Art ofT!
Constitution, which says, every n oc,,.,
ought to obtain justice promptly and viS'
out telay 2" '
This Bill is the very embodiment orm.
crastination and delay; no man in a T FE
time can foreclose a mortgage, Or gst
judgment under it. 1t admits Of ANAL
after appeal to the Supreme Court fam
scores Of frivolous orders without term.
without security 1t provides for the Al.
poiatlnent Of an officer prohibited by t6s
Constitution. 1t yiolates the obligation a
contracts, because it changes the Ius a
evidence unwarrantably, and because M.
der it a suit could he protracted blythe a.
fendant without the payment Of one crt
Of costs, through all time to come A
least oue-half Of the Circuit Judges will NJ
it aside on the ground Of unconstitutional
ty. BY mandamus or appeal, the whole
matter will be up before The Supreme Court,
and before the meeting of another Legss.
ture, perhaps by the first of JUL, all that
you will have left will be mere skeleton
Of this bill and the disgrace of having At
tempted so great an outrage Ihere ae
pending in the Court in the village in which
live, | am told, nineteen suits Of this char
acter | have consulted many times With
the Attorney Of the defendants, and asa
lawyer be is second to no man in the STATE
He asks no such legislation as ibis at our
hands all that he wants is right to atrial
by jury, and access to the Rli Road
records; but as the temper Of this hOus
seemed to require dgreat deal more lo.
fered something more in my substitute
which this house has seen fit to reject
Now, | ask Of men who are in earnest when
they profess to be friends to these un6tn-
nate farm mortgagors, to vote this Dl
down.
The Bill offered by NJ. Clark appear
on the first page of our paper.
We notice the Farm Mortgage ReEefbI,
known as the one favored by the extremists
has since been referred to special COM
mittee consisting Of johnson, Clark ana
Hutchins, so that Mr.. Clark may have
some show of substituting in whole~Pa
his bill. and thus averting the disgrace o
reputation and other denominations s0aga
to he brought upon the State by the Ps
tended friends but practical enemies O ih'
farm mortgagors.