Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-02-05
Remarks of mr.. vyIIIIamson,
In The House Of Representatives,. GA the BIZ ia
lie Benefit Of The People.

bSc Le'ssJtt - 6fSt 1 rOftS-
Mr.. SPEAKER: In view of the financial dis
tress pervading every portion of our State,
brought about mainly by a comparative fail
ure of crops for Two successive years, and
increased by the political dangers which.
gathering thick and fast around Us, theeafen
he destruction of all security to property,
this bill has been introduced in the vain, but
praiseworthy desire that it would affLrd some
relief 10 the people.
| shall not take up the time of the House
in discussing the expediency of measure of
this character. but shall confne myself to
the ionality of the proposed law.
While desire, as much as any N mber on
this floor, to extend any and all relief posi-
bic to the suffering thousands of Tennessee,
| Cannot transcend the limits of that fuuda-
mental authority-the Constitution, estab-
lished by the voice of the sovereign people
of Tennessee, circumscribing and limiting the
action of this General 7ssembly, and which
have sworn 10 support. AID because, in
nv humble judgment, the main provi, ions of
this so-called 'Relief Bili'' are in direct con-
fict not only with our State Constitution,
but in violation Of the constitution of the
United States, am fore, d, from sense of
imperative duty, to cast my vote against the
measure. whatever | might think OF the ne
cessity and expediency of the same.
The section IF the Bill most obnoxious to
Constitution objection is in the following
language:
SEC. 3. Be IL further enacted, That in all
cases where judgments or DEGREES have been
rendered by any of the Courts or Justices OF
the Peace in this State, upon which execn-
lions have not been issued, or upon which
executions have been issued and not levied,
the defendant or defendants in said judgment
or execution may appear before the Justice
OF the Peace, or Court, if in session, or be-
fore the Clerk of said Court in vacation, and
upon giving good and ample security TO said
Justice, Court, Or Clerk, as the case may be,
in the manner provided in the second section
of this act for giving additional security,
said execution shall be stayed for Inc period
of six months from the time said security
shall be given. when execution may issue
against the parties to the original Judgment
and the security for the stay of execution.
And that in ali cases where any execution or
order of sale may be levied on personal pro-
perry. that the debtor in the process shall
have the option to avail himself of the prece
ding provisions OF this act or 1t shall be
lawful for him 10 give bond in double the
value of the property, aud good security TO
the officer for The forthcoming of said pro
perty for sale at the Court House of the
county. or such other place as the parties
may agree upon, in which the levy is made,
ifiu the interval the surety OF surelies become
insufficient, the levying officer may notify the
defendant. and ne shall give sufficient adEi-
tional security tor the delivery OF aid pro-
perry at said time and place. In order 10
constitute the levy on real estate valid as 10
proceedings before Justice of the Peace, the
execution shall be registered in the Registers
Office of the county where the land lies.
This section of the Bill in my humble con-
ceptiOn is u paipable violation of the 20 b
sec of article l of our Bill of Rights, which
declares. That no Retrospective law, or Law
impairing the obligation of contracts shall
be made !" and also of sec. 10, article 1, OF
the institution of the United States, which
ordains that "a No State shall pass any law
imnairing the obligation of contracts"
Thesel are high and sacred guarantees,
PLACED out OF abundant caution, in both the
State and federal const tuiions. TO better pre-
serve and protect the citizen in his rights,
against unjust legislation on tue part of
a temporary and, perhaps. misguided ma
jOrity.
In the first place, then, what is the ''obliga-
ton of q contract within the meaning of
the Constitution " a contract is an agree
ment 10 do, or not TO do. particular thing.
The law binds the party to perform his under
taking, and this of course is the obligation
of his cobtFact."-4 Wheaton. l22 Aud
again, in Ogden vs.. Sanders, IL Wheaton,
Thompson Judge, .'As | understand it, the
law OF the contract forms its obi CATION"
Trimble Judge, in the same case, "rhe obi
CATION does not inhere and subsst ia the con-
tract ITSELF proprio UiQore, but in the law APP
plicable to tue cofnract.v This is clearly
the sense in which the Constitution uses the
term.
The obligation of the contract In the mean
ing of the Constitution, is the legal obIiga-
ton, not the moral obligation. That is
the promise, so to speak, OF the law to en-
force performance OF The contract, according
TO the Intention and stipulation of the con-
trneiing parties. and any subsequent law
which abridges. denies, obstrucis or impairs
this right, affects the obligation OF the con-
tract. aud is therefore Unconstitutional.
In 1919. the Legislature of Tennessee en-
acted law in principle the same a. the one
DOW under consideration. 1t directed .sthat
upon a judgment thereafter to be obtained,
execution shall not issue until two years af-
ter toe rendition OF such judgment. unless
the pi.intiff would receive certain bank
notes, &c. The eonstitutionality of this act
came before the Supreme Court in the case
of Townsend rs. Townsend, Peck's Reports,
and the same was held to be ia violation of
tue Constitution. And il seems TO me that
the bill now before as goes much farther than
the act oi 1919. which only applied to jndg-
ments "fheyeaftsr to be rendered. while this
undertakes TO o5erate on judgments and de-
crees already in existence aud even reaches
TO executions Issued and actually levied.
The Supreme Court ia Commenting uDou this