American citizen. [volume] (Canton, Miss.) 1864-1890, 1866-06-21
RELIEF LAWS.

ne elhy idns NDINh NCiC CudIttu w u
legislature of the Confederate States, in vie
of the overwhelming distress the war ha
brought upon the people passed in seyer,
instances by twO-thirds Of tbs representa-
tiyes of each branch of those bodies, huv
been so generally nuIiifsd by the judiciary
that The only hope that remains to the suffer
ing debtor class in these impoverished State
must be had from the exemption laws ant
valuation laws. Many fear that, these also
may share the came fate, and the people b.
made to suffer more from their own servant
and fellow citizens, than from their unfeei
ing enemies and all the ravages of war
Cur courts say that these laws violate the
article OF the constitution, which declares
that no act shall be passed "impairiug the obi
CATION OF contracts" With the greatest re
spect for the superior learning OF the mem
bers of the High Court OF Errors and Appeals
we would beg leave to suggest the following
reasons for opposing the opinion which has
been so generally insisted upon in proof OF
the corrections Of the argument, that these
relief laws impair the obligation of contracts
We will by way Of illustration say, A agrees
TO pay twelve months after date, one thous
and dollars with interest at legal rates. This
note is given under laws as they stood before
The late war.
1t is no'g proposed to extend the time whict
which was at that date allowed the courts t.
give judgment, and Issue execution to tw
years-or until s6s, and to make some 9TH
change in the remedies which the State CAV
to dHte 5tl4m creditors. or coveuanters, favor
able to the opposite parties. II such chang
should be mace, how is the contract of +
with impaired These remedies of the Sta
for enforcing the contract against B, COZ
sttuted no part of AS contract. SupFos
instead of making the defendant 10 suit
B, pay the debt in IL mouths-he is allow,,
another year, and then the note is collecte,
BY the officers of law, with legal interest, b
not he contract been fulfilled in eY4y re
spect, precisely as if the State had enforce,
the psyment twelve months before Mos
asSlrs4.y 60, and the contract was not in,
paired by the stay law-as this act did no
change the remedy in any manner so as to VIII
act or modify the promise to pay liza law ha
been enacted reducing the rate of interest o
increasing it, hts would have damaged ii,
very essence Of As promise, for it was I,
pay the rate of interest then established /, |
law. The very gist of the bargain was tha; |
would pay B six per cent, or one huudrec
md twenty dollars per year, for the detentio
u use Of the principal.
What contract is it then, which would bt
Violated by stay law, similar to the one OF
o65, declared unconstitutional by the High
5ourt of Errors and Appeals 1t could only
rave been an implied contract on the part OF
he State of Mississippi, with the payer of the
oe or B, that his debt should be collected
= the courts within one year, in case a
hould fail to pay it sooner. If any contracl
'as violated or impaired, it was not As with
!, but that Of the State with the creditor, or
aver Of the note
!. may be alleged that the word "inpnir"
'eans only 10 make worse, or weaken" auG
OF to u's5ate, and that pustponing the col
c!ng o. debts is making promises of thu b.
atnFe worse, or weaker" Tue promise !,
20 less value, nor is any maker Rs p ontss
the sense 10 wbich these words are used
thIs connection, than It would have been,
WAS, before the passage of the stsy-law
be law did not affect the nature or quality ii
the contract in any respect, and If any p
ntract was impaired, it must have been
implied Que on the part of the Stale to en- Il
rec every agreement, precisely 10 that man
II in which the laws Of the State directed Al
. Hms When said agreement was entered
to. No one certainly can hold that there are
rec parties to every contract, the Two inter
ted directly, and the State, third party :,
lich in consideration Cf the public good n
gates herself to force the defaulter t. 81
mply with his engagements, or pay the a
oaity of bis non performance. n
II the existing laws constitute part OF h
E very essence Of each agreement entered @,
% BY men, upon what principle could the ly
lrt refuse to send debtor TO prison, 10 al
'se States where imprisonment for debt b
&c constituted a means of enforcing pay b
mt Of claims when the debtor is sued after fe
) repeal of the law Of Imprisonment upon W
ote given while such law existed7 five nj
stake not, no court has ever sent debtor b;
all, after the laws making that mode OF
orcing payment of debts had been repealed
Va are clearly of opinion that the sover- at
power Of eyeIy State extends to the XII
9Th OF protecting ito citizens from the
eta of great moral or political revolu
Is, so far as controlling the action Of its in
avf - ~.