Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-07-20

XIV: NO.1A..
which arises from the civil laws of the Gov.
ernment, and which, but for the. limitations
conta ained in the Constitution, might have
been impaired and totally annibilated, by
the Legislatures Of the States., This. obi.
CATION operates through the medium Of the
sanction Of the law, and consists empbati.
cally in those remedies which the law sup.
plies, and may be denominated the legal
obligation" "The Act Of the Legislature
is in conflict with. that provision of
the Constitution of the Uuited States
which forbids any State from pas.
sing law impairing the obligation, Of
contracts" "By the Act In question,it 10
true the obligation Of the defendants prior
contract has not been entirely destroyed"
"But during the time of tie repleyin.
which is allowed by the Act all pre.exis.
ting remedies upon the prior contract ara
suspended, and the obligation of the con.
tract thereby weakened and impaired. To
be in conflict with the Constitution Il is
not necessary that the Act Of the Legisla.
ture should import an actual destruction
Of obligation Of the contract, it is suficien.
ifthe Act imports an imp airment of tho
obligation. If by the legislative Act tho
obligation Of contracts be in any degree
impaired, Or, what is the same thing, if tho
obligation be weakened or rendered less
operative the Constitution is. violated and
the Act so far imperative"
In the State of Mississippi the doctrineli.
thus stated in Briscoe ps. Anketell. % Miss.
R. 81. "It'is too well settled 10 admit Of
question at the present day, that it is with.
in the power of tho State Legislatures 10
regulate the remedy and modes Of proces.
ding in relation to past a. we'll as TO future
contracts. This power is subject only 10
the restriction that it cannot be exercised
so as to take away all remedy upon the
contract, or to impose upon ito enforcement
new burdens and restrictions which materi.
ally impair the value and benefit Of tho
contract" -:. .>
But the case Of Coffnau Us. Bank Of
Kentucky, is a recent decision Of the su.
preme Court Of Mississippi.
The Legislature of Mississippi bad pas.
sed Acts in 1891 and. 1865 no. unlike
those passed in the years by the General
Assembly Of South Carolina. BY the Ac.
Of 1855 alllaws for the collection of debts
&C., were suspended until Let January, ! ss6.
Chief Justice Handy delivered the jadg.
ment Of the Court. Admitting, in the
most ample terms, the general authority Of
State iegislatiou:in regard 70 the. remedy,
for the enforcement 81 contracts, and: vim. ,
dicating this authority as SANCTIONED ! bys
previous adjudications, "but (continusd;hs).
this power Of the Legislature over ren,e.
dies is not without restriction, and any leg.
iaIatiOp alish impairs the value. and: hen. :;
eft Of the contract; Ithoaeh nrofsssipg sto
sct: upon ,the semady must s;impairs mo; ];
tight intended to be secured By TIE contract,
and come within The evil intended Ia bo
probibitedby ythe Constitu tut;on. For thoneii,S in
the pat.iculat, remedy existing adssthe, Tina
Of making the contract is not an: ssssitists
part of. it, yet no contract would be ofsany
:yalae without arsmedy 10 enforce ti tit. sts !
obligation would be pqgatory if ali: remedy