The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-10-03

making the laws oEthes remedy part OF the
contract, and is equally liable to the objee-.
tons already stated. admit that legal
remedies are necessary to enforce contracts.
The obligation may, in one sense, that is, a
moral sense, exist without any legal remedy
to enforce it. But legal obligation implies
a remedy, but not the particular remedy as
it may exist at the time. The Legislature
may alter the laws Of the remedy, if they do
not alter the law of the contract, which
would impair the obligation of the contract
which the parties had assumed. The obli-
CATION of a contract is the liability which
the law attaches to the undertaking of the
parties as interpreted by the laws existingat
the time. 1t exists without any reference to,
or connection with the remedy-the legal
proceedings by which it is to be enforced, or
BY which the parties are held to their re-
sponsibilities for violating it. 4 denial OF
all remedy, or the enactment Of remedy
altering the terms of the contract, or an inn
perfect or illusory remedy would, / admit,
impair the obligation of the contract. This
result would follow, not because the remedy
had been changed, for as have shown, the
remedy is not a part of the contract, but
because the Legislature had given no
remedy or u pretensive one. l hold that
if the Legislature gives contracting, parties
remedies which are adequate, which enforce
their contracts so as TO secure the ends OF
justice, it has discharged its duty, and the
courts have no right to inquire into the
motives or objects of the Legislature only
so far as such inquiry is necessary to aid IN
the Interpretation of it's acts. Delay in the
enforcement of remedies does not imply
injustice or injury to creditors. 1t may, IN
fact, be the means of protecting them from
injury and loss. And where the condition
OF the country is such that, in the opinion OF
the Legislature, it will be better for. both
creditors and Debtors that remedial process
should be delayed or postponed, of where the
public good requires such delay or postpone
ment, it seems to me that it is purely queS-
ton of expediency for the Legislature to de-
termine, and not of constitutional law for the
courts to decide. IF these views be correct,
the Legislature has the power to postpone the
sittingS of the courts. and consequently the
enforcement of remedial process. 1t has from
time to time, altered the terms of the courts
without the question of the constitutlonallIy
of such legislation ever being raised. No one
ever conceived that the Constitution was
thereby violated. Why can we not do so now!
I can see no difficulty in the way, if the ne"
cessity in the opinion ofthe Legislature exists
for such action. The resolutions propose
this, and trust that it will be done. Let
civil suits be suspended except in cases OF
tort.
have one other reason to offer why some
action should be taken on this subject. lneVer
Wish to see the time when the administration
of the law shall be interfered with by men
taking power into their own hands. regret
TO say that such state of things may arise.
There is a power in every State which may
be invoked when the distreSSes Of the people
have reached a point at which, in their
opinion, forbearance ceases to be a virtue. Ii
the time should arrive when men are to De
stripped of the last remnant of their property
and turned out of doors upon the cold charity
of the world, it will require great forbearance
on the part of the people to prevent disturS
Dances. They have come out of this war ina
poYerished as no other people have been im>
poverished in modern times ruined in fortune,
broken in spirit, disheartened by forbidding
future, and many of them wounded and
mained for life, and if you expect, as you
must, that by their agency, by their energy
and industry the prosperity of theState is to De
revived, you must extend to them the relief
which their necessities call for. have thus
presented my views, and discharged duty
which I owed to my immediate constituency,
and to the State whose honor and prosperity
I prize above ali other considerations. now
leave the matter to the House.