New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-11-25
VOLUME XIV.

credit in Mlssssippi--the cash system Immediately
followed its passage, and the man OF wealth has
certainty prevails. All the ready money in ciycu.
lation is required to pay for the daily wants of life
the retail merchant pays out his daily receipts for
additional suppes for his customers, and it is now
seen that the money cannot be raised to pay State
and Federal taxes Schemes are therefore con.
ceived to postpone the payment of taxes, State
and Federal. If this be done, our State Treasury
wars nts will not be paid at maturity, and the
credible Of the State falls with that Of the citizen.
Before the passage of this law the credit of the
State was good-its ten per cent. notes were re.
6arded by capitalists ga an excellent investment
they are now at heavy discount, and if the coec-
ton of taxes be stayed they will be yalueess for
the purposes of trade.
Our Constitution has wisely provided that no
such laws shall ever be passed.
The Constitution declares that all Courts shall
6e open, and every person, for an injury done him
in his lands, goods person reputation shall have
remedy by due course of law, and right and Justice
administered without sale, denial or delay" EBill
of Rights, sec. IA.
The Legislature shall pass no n n n law
impairng the obligation of contracts [Bill Of
Rights Sec 10.
The Circuit Court has constitutional jurisdiction
in all civil cases exceeding the sum of fifty dollars
and the Justices Court in all cases under that
amount; the former courts are required by the
Constitution to be held twice year In each county,
and the latter are by law held monthly. From
these provisions of the Constitution it is apparent
that when any contract or obligation, express or
implied, for the payment OF money is forfeited or
broken, the party injured may Immediately apply
TO the Crcnt or Justices Court, as the case NAV
be, for relief; and upon such application in legal
FORM the Constitution declares that he "shall have
remedy by due course Of law and right and justice
"iemedy by due course Of law" is the ordinary
mode provided by existing statutes for obtaining
Judgment and execution thereon. Without de-
NAL or delay means that the party injured shall
in aI.,lo !,
period required by law to make his money. These
provisions Of the Constitution too plain for CON
troversy. 1t is, therefore, clear that any unusual
,aW which takes away or delays remedy for an
tutional, and all honest minds will concede that i,
is also unj lust. The Legislature have no right to
pass unjust laws; the sole object of government is
to promote, not to subvert justice. The courts
cannot be deprived of their jurisdiction over mo.
ney demands for any period of time.
But 1t Is said the Legislature have the power to
legslate with regard to the remedy for the enforce
ment or contracts, and that the suspension of all
laws Tor the collection of debts has reference only
to the remedies and leaves contracts intact.
- 1t is not denied that the Legislature may change
or modify remedies for the enforcement of CON
tracts, provided such change does not deny a
remedy or diminish the rights Of creditors or de.
lay the execution of the contract or the making of
the money beyond the due course of law" By
" due course o. law" in Mississippi, a suit may be
instituted on any demand when the same becomes
due and unpaid at the first term Of the court the
defendant may plead if he chooses to do so at the
next term the trial is had, unless continued for
gooe cause shown to the contrary; Judgment is
then rendered, execution issues, and the money is
made by the next term of court Such was 'dae
course of law when the " stay law" was passed
By the latter statute the remedy for collection of
debts is rot modified as the title to the act pur-
ports, but all remedies are denied until twelve
months after the present war, or until otherwise
provided by law" In other words, it repeals ali
a tinp nf 5ahf It1,o
Legislature shall pass other laws for that purpose,
or until twelve months after the war. 1t is clear
and palpabe denial of all remedy for the time
being, and no certain period is stated when the
remedy may be enforced. What prophet can fore
tell when the war will cease, or when twelve
months after that period will expire.
=, The war may continue a life time or forever.
Such law clearly impairs the obligation Of con-
contracts according to their terms at maturity and
puts it beyond the power of the party injured by
non performance to assert his rights by 20 due
course OF law" without sale, denial or delay"
When this effect is produced it is immaterial
whether it be done by acting on the remedy or on
the contract ITSELF in either case it is prohibited
by the constitution. [Smith's. Commentaries, $685.
It is no answer to say that the law merely suspends
the remedy. II statute so changes the nature
and extent of existing remedies as materially to
impair the rights and interests of either party to
contract it is as much a violation of the contract
rs If the same were directly overturned. If the
VHoHy dhOiueu Ue uualHeu ana restricted DY
conditions of any kind, the right of the creditor
may indeed subsist and be acknowledged, but it ia
impaired and rendered insecure according to the
nature and extent of such restrictions [Green vs.
Bddle, 9Th Wheaton Rep. I, rs,
In Brown VS.. Knsie lst Howard U, g. Rem. |
'll, it was held " that State law passed subse.
Iuently to the execution of mortgage which de. |
,lared that the equitable estate of the mortgagor
'hould not be extingushed for twelve months after
4 sale under decree in chancery and prevented
my sale unless two-thirds of the amount at which
he property had been valued by appraisers
hould be bid therefor, impaired the obligation of
he contract and was therefore void" These are |
eadlng cases, and are followed by State Courts |
There is no substantial difference between re- |
respective law declaring particular contract, or
class OF contracts to be abrogated and void and |
'ne which takes away all remedy to enforce them,
,r 80 encnmbers the remedy with conditions, that |
t is impracticable to pursue it.
The remedy in force at the time the contract is |
made, is part of the law Of the contract without
my express agreement, and any subsequent law
mparing the right thus acquired impairs the obi.
cations which the contract imposes, and is pro- |
libited by the Constitution. list How'd U. S. Rep
1912.
The third section of the law which prohibits the
ssuance of executions upon judgments and DEGREES
)f courts heretofore rendered, and all sales under
mortgage and deeds in trust, is liable to the same
objections, and to the further objection that it is
IN attempt on the part of the Legislature to exer-
Use Judicial authority by issuing an injunction pro-
iioi.lnS ehS eAeSutou vi JuuBlueHbS anu ueCreeS.
The Constitution denies to the Legislature the exer
Use of Judicial power TART. q Sec. 2.
But it is said the 18th Section of the Bill of Rights
lecares that no power of suspending laws shall
9e exercised, except by the Legislature or its au-
horty,' and from this it is insisted by some that
he Legislature may suspend all laws without re.
gard to the other prohibitions contained in the
Constitution, and regardless of the vested rights of
obtained under the same If this be
rue, then the Constitution contradicts ITSELF and
o the extent of such contradiction is void But
he true rule of legal Interpretation is that all
PARTS of the Constitution abe taken together,
md shall be construed that each provision NAV
tand. What, then, does the above clause mean |
There are three departments of the Government
he Legislative, Executive and Judicial. The !
,ower of suspendDg laws is denied to the execu- |
i've and judicial departments, while no affirmative
,ower is given the Legislature for that purpose |
There is concession or implication, however, |
hat the Legislature has power to suspend |
ome law or laws. This is admitted to be true |
The theory of Constitutional Government is |
hat the Legislature may act upon all subjects of |
egslation not prohibited by the Constitution. 1t |
vas because Parliament had too much power in |
england that constitutions were adopted as checks
IN that powerin America. Hence our Bill of Rights |
eserved to the people, declares that everything
n this article excepted out of the general powers
u Government shall forever remain nviolate and |
hat all laws contrary thereto or to the following
provisions of the Constitution, shall be void"
What laws, then, may the Legislature suspend |
'y the seventeenth section of the bill of rights, it |
ffofE - +l,,. Ia