The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-02-09


of the contract, the obligation of
which is equally binding on all the
parties thereto. If the remedy be q
part of the contract, it may be insist
ed upon by both debtor and creditor;
but as this is not true, it is then no
part of the obligation, ''a contract
being all agreement between two or
more parties to do or not to do GER
tain thing" If the right to sue be q
part of the contract and not an Incl
dent, it is equa'ly binding upon both,
and the moment the terms are broken,
the suit may be commenced by the
one party thereto, or insisted upon
by the other party thereto-the rene
dy being a part of the obligation.
But rs this is not true, then 1 am ut
q loss to perceive how the legislation
which stays the collection of the debt,
operation Of the statute of limitations,
impairs the obligation OF the contract.
The State, the common mother, when
the land was about to engage in the
most terrible war known in history :;
when all the resources of the country
were required to maintain that war
when all the men of the country were
needed and called upon to support on
the battlefield, the great principle
which the State, in her sovereignty,
had asserted, in tho exercise of her
sovereign power, and for the COM
mon good-said to all under her pro-
lection, for the present, let the col
lection Of debts be delayed For the
present, the grand privilege of State
sovereignty, secured under the Con
stitution, is abort to be asserted, and
while that great question is being
tired, let all minor issues stand still.
The creditor was not told, you shall
not collect your debt-the debtor was
not told, you may not pay your debt;
but both creditor and debtor were
told, while you are engaged in this
mighty struggle, your creditor shall
not add to the distress of the land, by
hunting down your debtor with the
sheriff, and your debtor may display
your patriotism in the field without
the fear that your family will be ha-
rasscd or your fortune dissipated by
lawsuits. This was simply an altera-
ton of the remedy, postponement
of it; it did not impair The obHgation
IF the contract, for the contract re-
mained in full force, and the creditor
was protected against the delay in
the collection, by the suspension of
the operation of the statute of imi-
tations. 1t was only saying, for the
present, hold your hand; there are
great public considerations to which
all private interests must yield; and
so soon as this terrible calamity of
war is arrested, so soon as the country
can regain its ability to resume the
customary duties of civil life, you will
be permitted to enforce your con-
tract by the aid of the courts, for in
the meantime delay shall not operate
to hinder the collection of your debt.
The law is wise and beneficent, and
[ am sustained in this view by that
eminent and good man, Chief Justice
Marshall, who, in the case of Sturgcs
VS.. Crowninshield, says: "Without
impairing the obligation of the con-
tract, the remedy may certainly be
modified as the wisdom OF the nation
may direct Take an example,
coming under my own observation,
and similar cases, / suppose, h;.~a
come within the knowledge Of uG all.
1 know a gentleman, friend and
client, whose business I transacted,
who had over 800, 900 invested in
bonds. most of them in sums of Il
81, 900 each; but for this law, the
constitutionality of which I am now
considering, he might have put these
bonds in suit, recovered Judgment,
ordered the sheriff to collect in coin,
or to sell the lands of the debtor.
The consequence would have been,
had he been q hard man, and not, as
he was, q man of large benevolence,
he could have owned the land of
most of these creditors, and turned
their families ont of their homes,
while the husbands and sons were in
the front fighting for him and his
property, he being too old to take the
field. The Legislature, in its wisdom,
said again and again, (for the law has
been re-enacted yearly,) no such
temptation to make great gain, to
commit so great oppression, to arouse
an indignation SO great, that the law
may be resisted, shall exist; the obi
CATION of the contract shall not be i'm
paired, but the incident to the con-
tract, The right to sue, and leoy, all sell
the property of the absent soldier,
shalt be suspended In the language
OF Chief Justice Marshall, "Me