The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-07-11

look after their rights. Such action OF
tho legislature it is admitted on all
sides, woulI affect notes made before
as well as after. 1t is also admitted
that such action would he constitution.
al. Well, If it is constitutional roi
tho legislature providing rcmedic.
for broken contracts, to deny all rem
cdy after six years, or two years, OF
one year to the holder of a note with
out impairing the obligation of the
contract, is it not just as constitution.
al to provide that when parties come
into Court to seek rcdrcSsfor breaches
of contracts, that an equally rcasona-
bic time shall be allowed, before final
execution shall be awarded without
impairins the obligation of the con-
tract? That certainly remains as in
tact by the Legislature in the one in
stance rs the other. If the obligation
is unimpaircd when all remedy is
barred i'll the one ease, equally so is it
in the other when there i; only Il rcas-
enable postponcmcnt Of the compcnSa-
ton awarded for its breach.
If he was right in showing that this
act of the Legislature fell properly
within that class of laws as remedies,
then lie quoted Marsha. y remarks as
not only applicable but potent OH the
question, when he said
"Without impairing the obligation
of the contract, the remedy may GER
tainly be modified as the wisdom of
the nation may direct"
lie also quoted us pertinent and
having force Oh this question, in his
opinion, the remark of Justice John
son Of the U. $. Supreme Court in
a case where he said:
"rhc right then of creditors to the
aid Of the public arm for the recovery
OF contracts, is not absolute and I'M
limited, but may be modified by the
necessities Of society"
The policy OF this act Of the lesisla-
ture, Mr.. Stephens vindicatcd at great
length, and maintained that it was cs-
scntial for the creditors as a clss rs it
was for the debtors.
Without it, or something like it,
the obligation Of the contracts of fcrcdi"
tors as Il class though feet would be
almost worthless while unonr the pro-
vision of the act the obligation re-
manning unimpaircd, full compensation
might bo obt;,inUd ~rr
General Cobb held the act Of tho
legislature, called "stay laws and III
stallmcnt laws" impaired the obliga-
tion of contracts, and consequently un-
constitutional and void.
The true doctrine to ho drawn from
all the argument and authorities he
said, is this: That the Legislature had
no authority to interfere with the con-
tracts of parties neither directly BY
changing them, norindiroctly by lcgis-
lating on the mode Of enforcing them.
Tho Legislature can for the purpose of
giving efficacy TO contracts, and thcrc-
By advance the ends of justice, deal
with the remedy; but this power can
never be exercised with the view and
for tho purpose Of relieving the par
ties from the legal effects of the con-
tracts which they have voluntarily as
sumcd. Where there is just cause Of
complaint by either party, that the
existing remedy promised by tho law
fails to afford the benefit or relief to
which he is entitled by his contract,
he can call upon tho Legislature 50 to
modify the remedy, as to furnish the
benefit or relief to which his contract
entities him, and the Legislature can
constitutionally respond to such an
appeal. But where the complaint is
not against the remedy which thc'law
gives, but against tho contract
which the party has made, then there
can be no constitutional response to
the complaint.
Gon. Cobb quoted largely from the
opinions of Judges Marshall and
Story in defence of his positions. He
argued IN crtenSo that the Legislature
of tho State, impairs the obligation of
contracts.
lst. Because in the modification of
remedies for the collection of debt, tho
collection of the same is SO hampcrcd
with conditions and postponcmcnts, as
to greatly lessen their value, and al
most renders the collection impracti.
cable.
I'd. Because it gave an unjust ad.
vantage to new over old creditors.
3D.. Because IL gives precedence tc
foreign over domestic creditors, as tho
! former can collect their debts through
tho Federal Courts, whilst the hands
! of the latter arc tied up MiHcclyc
riHc Recorder.
! Gustavc Dorc, The wonderful illnstra'
b tor Ct classics, is still frequent snhjcc
+ OF conversation in Paris llc was borl
IN Strasburg in 1882, and so may b'
| regarded as half German in his origin
4 lie commenced his marvellous labor'
4 when only lG. on the Journal pour Rir
4 wherein his car;cauTos gained him th,
7 first bnginnings Of fame. This branc'
OF arts seems to be lis forte. His work
are a'rcady moro numerous than an,
hali.dozcn of tho Oldest artists in tn
whole course Of their lives.
A lump Of gold taken from the Nortl
! Carolina gold mines, weighing fiy
pounds, is on exhibition.at Statcsyille
1