The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-01

" that Il ever would or could be a matter .
ii inquiry or criticism in the Courts, wheth,
the State could shorten or lengthen ii
u time of process Of execution. The true rul
d ofinterpretation is, that whilst parties ma
4 and do look 10 existing remedies for broke
contracts, they also look when they ente
Y into them, TO the further fact, that III
+. States have reserved 20 themselves tn
power at viii and pleasure 20 alter an,
e modify remedies that what modification
=, shall or may be made is determinable alon,
by legislative discretion and wisdom ant
= that they have no right to complain or in'
woke the the restriction of fthe Federal con
stitution, so long as the obligation is not
/ impaired-or, in other words, 30 long as the
iehedy Is adequate aud c0mpclte 70 oNforoc H.
When creditor brings his suit he appeals
to the sovereign power of the State TO give
him redress through its tribunals, neither
creditor or debtor can create the Court, its
jurisdiction or process. To make Court
define jurisdiction and process is an act of
sovereign power, which Blackstone declares
is the 'law making power"
When that law making power has exerted
itself in the form Of statutes (confned
within the restrictions Of the Constitution
| Of the United States and the State) lis will
is obligatory on every body IL never has
been doubted by any Court, State or Fed
eral, that It is competent for the State TO
regulate the remedy. How far they may go
in this line without impairing the obliga-
tion has been the subject Of frequent in-
dicial discussion and decision.
The Language of tho Supreme Court ofl
the United States on this subject in q |
leading case is this
1T is difficult perhaps to draw line that |
would be applicable in all eases between the |
Legitimate alterations of the remedy. and
provisions which in the form of remedy inn
pair the right But il is manifest that the /
obligation OF the contract, and the right of
party underit, may in effect be destroyed
10y denying romeiy altogether, or be seri-
ousiy impaired by burdening the proceed
ings with new conditions and restrictions,
so as TO make the remedy hardly worth pur-
suing Gard no one, we presume, would say
that there was any substantial difference be-
tween retrospective law declaring par
ticular contract or class Of contracts to be abb
rogated and void, and one which took away |
all remedy to enforce them, or encountered [
Il with conditions that redered it useless or |
impracticable to pursue it,"
quote from learned iurist and eomenta- d
tor after reviewing all the leading cases on
this subject:
"a State may, however, regulate the modes l
If proceeding in its Courts in relation TO past i
contracts as well as future. IL may shorten y
he period of time in which claims shall \
% bound, by statutes of limitation 7
This right must reside in every 2
state to enable it to secure its citizens y
rom unjust and harrassieg litigation, to pro- G
ect them in those pursuits which are nee o
ssary to the existence and well being of n
very community And although a new u
emedy may be allowed less convenient u
han the old one, and may in some measure
ender the recovery of debts more tardy and D.
iftcult-yet IL WiU not JoliO,0 that ne laic Is W
whatever belongs mere pi
7 to the remedy may be altered according o.
) the will of the State, provided the alter,s- ai
on does not impair the obligation Of the
ontract,"
The abolition Of imprisonment for debt
oes not impair the obligation of fpre-existing N
Intracts, for this affects merely the remedU
aving the contract untouched and unim- :.
lired-4 Wheat, Rep. 122 IA
A creditor has not a "vested right" to the IN
medy as it exists at the date of his con. m
act, but only to such remedy as exists at the of
me that he brings his suit, u Pickering,
ep. 1863. eu
"The clause Of the Federal Constitution an
lder consideration, does not interfere with WI
e right of the States to make their legisla- .
,n retrospective, provided the obligation
contracts is not impaired.
Quoting from high Authority "the Lepig
bure may constitutionally enact laws to
nder valid and legal the dongs of
public officers who have exercised their by
thority Although individuals may, by M
ch laws, be deprived Of rights previously ia.
sted. The Legislature may also cnre or OBJ '"'
ate defective forms of acknowledgment of
eds to pass real estate, and give to such Ii,
Is the same efficacy as If taken originally ~
the proper form, and such acts though
ey extend restrOspectively TO deeds ac- ora
Owledged previous to their passage, do not p,
pair the obligation Qfd contract" W.
rhe Supreme Court of Pennsylvania after MI
'iewing all the cases in the Supreme sal
nrt Of the United States, referred TO in rno
S debate, and recognizing the binding au- a.
,rity of that Court in the State tribunals Wv Wv
Constitutional questions, announced this W.
lclusion, 9 Matt. and Sery A, ''That a del
tie law which suspends for reasonable VIII
le execution of Judgment on previous 80
art in the Constitution of he limited age
tes" wit
he Pennsylvania statute directed lands
EN- in execution to be valued, "and when
same cannot be sold at p1blic vendue
twO-thirds Of the appraisement, or more, N.
sheIih i SHAH not make sale Of the prem cla'
court o%S ', from % which tSa srnsian aeSo 20 cty
thereupOn 1.-THE proceedings shall be pee
Ied for one year from the reiRrH day." roa
emarking ?. m On thls statute the Cosrt say in ?
lry restraint of remedy necessarily inn % -,
5 the right in an unreasonable degree Iht
uch an exercise Of the sound discretion star
the Legislature) 50 unreasonable as ma of
ally 10 impair the remedy, and amount to -
nial of the right To hold that the State VIII
islature is incompetent 10 relieve the and
lie from the pressure of sudden distress, and
lrresting a general sacrifice Of property rear
he machinery Of law, would invalidate e-l
" statutes whose constituti0nality has ma
! hitherto unsupported. Dir.
II indefinite prohibition Of execution in diff
nlt Of compliance with new and arbi- 9ai
y terms. would be denial Of the rem -.
contemplated by the contract. Not a uhi
IlatiOn Of it-but there are laws for the DC
pOTary suspension which have not been prol
Ight 90. Suspension Of execution for held
enable time has not been unfrequent in
e Of our sister States, and creditors have
nitted to them Is depending. IN the Ian II
ye Of Mr. Justice Baldwin, In Sd Peters. fino
29O: "On the sound discrefi5A Of the -
siafare, according to the emergency sho
h led TO their enactment" ma
failure Of the wheat crop in PenHsyl- are
a was the emergency which led to the bftr,
age u this aet in 1852. -
~ I submit to this House and the coun- S'iN
whether the destruction, absolute and acct
ediste, Of fully two hundred and fffy OF but