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

Ahe SSAe~ hoeuh daeh st0uuVd
labor She wants the energies Of
her people, to build up afresh b
= fallen fortune and establish a new al
: more stable prosperity, public al
: private. She claims that it is her dut
to do so by Legislative policy, VIII.
: she may " in this line" This measul
was not framed with reference to an
. relief to those who are absolutely il
: solvent. Other bills have been dC
: sired by the Committee to suit thei
condition,
But ii has been objected tina
the bill is unconstitutional. 1t
said that it conhits with the l3tl
section of the Bill of Rights
That all Courts shall be opened, anC
every person for an injury done him
in his lands, goods, person, or reputa
ton, shall have remedy by due course
of law, and right, and justice admin
istered without sale, denial or delay"
The measure does not propose to
close the Courts, now to deprive any
person for an injury done him in per-
son, reputation or property of a
remedy by due course of law. The
ground upon which the High Court
held the act of the last session, for the
relief of debtors, unconstitutiona
was that, that act did virtually close
the Courts for two years, by suspen-
sion of the remedies for the collec-
tion of debts for that length of time
1t is true that the Circuit Courts were
not prohibited from holding their
biennial terms. Yet they were forbid
den to transact business, or entertain |
ordinary suits for the recovery of
debts.
When driven from this point the
0pposers. of the measure entrench
themselves behind that article of the
Federal Constitution which declares
hat no State shall pass any law i'm
pairing the obligation of contracts"
What is the obligation of contract
md what is inapairing the obligation
The last question is answered by
olution of the first "the obligation
imposed and the rights acquired by !
irtue of the contract cannot be i'm
aired by legislative act law which
ischarges these obligations, or
brogates these rights, impairs 4
iem." The obligation of the debtor 9
J to pay the money promised the ,
ght of the creditor is to receive the
oney 1t is conceded that legislation h
hich would release or discharge the debtor Il
ON payment, or which would interrupt h
e right of the creditor to receive, would
unconstitutional. The bill does neither Il
these things-it leaves the relative b
ghts and obligations of contracting par Of
IS just where they were before. ;.
1t proposes to change, in some respects, re
g existing law on final process. 1t pro- OF
des that executions shall issue in four Al
nual nstallments-unless the debtor 9TH 81
wise consents-preserving in full force in v,
9 meantime the" lien of theLudgment, and vi
wing the creditor most ample means to d,
0teet himself against the fraudulent acts AZ
the debtor These provisions are all pros IN
etive. III
This involves the question, how far the kI
yislature has control over its own courts, im
e modes of procedure, and remedies
erein re
All concur in tie opinion that legislative g,
wer over the subject of Judicial process, th
d remedy is paramount and supreme un- III
$ restrained by Constitutions-State or on
deral co
have quoted the only clause of the Con 81
tuition of the United States that is relied tin
on as restraining legislative discretion co
pass this bill No where will be found in Isl
} Constitution limitations on the power ST,
the State over its courts, OF the modes of
'cedure in them. The State provides the tai
bunals and assigns to them their iuris- tn,
tiOn, and prescribes how suits may be for
'ught, and by what process, mesne and IN,
Il, these remedies may be made availa- ise
All concur, toe, in the opinion that the ths
te is. bound to supply a court and a an,
iedy. sfa
'ut as to the character of the remedy-sOl
'e efficient to enforce the contract-that 'tl
eferred to legislative wisdom. POI
4 this be not 50, then the sovereign pal
yer Of the State, whether expressed by a Is
IstitutiOnal Convention or BY the Legis- (of
lre-is constrained ON the subject Of Judi ter
remedies. adi
the theory be held sound (which has Lei
n advanced bY some judges), that con- pul
ting parties look to the remedy by suit by
sting at the fisae Of making their con by
sts-0T, as il has been sometimes express ma
the existing law on this subject is tacitly bee
Drporated into contracts and becomes part
them, then there will be no period of def
e when the Legislature win be free on the trai
iect. eds
win be impossible to make saits and reg
sess uniform Every change which ex- ten
enee or pressing emergencies may sug- tho
! is met with the objection, that con- rcal
T. were made with reference 70 existing son
;, that saeh laws Though not uamed) sub
By implication embodied in the con gna
e. and 70 alter these laws. would Of ReT
ne, alter the terms Of the contract. Leg
his, sir, would be to put It in the power viii
ny man-whether citizen or alien, wheth- A
isideHf or n0n-residcHf-to claim that we. van
legislative body-fhe laW-makine power pas
all refrain from reforming remedies BY n
and proosss. beaause be made his eontfae try.
} an eye 10 the existing law On the sub INN