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


eel Of the creditors right, and ought not
to be disturbed. All suspension by statute
of remedies, existing when the contract
was made, is more or less impairing i,s obi.
cations" Il KentCom., 4l9.)
Mr.. Justice Story uses this language
"When we speak Of the obligation of a
contract we include in The idea some known
means acknowledged by, the niunicipai
law 10 enforce it. Where all such means
are denied, the obligation of contract is
understood to be impaired, thoughit it may
not be completely annihilated." (story
Const., 5 1917
Mr.. Sedgwick says: Looking al con.
tract legally and practically as an in.tru-
m ent by which rights Of property are cres-
ted, and on which they repose, obligation
and remedy are strictly convertible terms.
Take away the whole remedy and it is ad-
mitted the contract is gone. And it seems
the only logical rule to hold that any leg
islation which materially dininishes the
remedy given by the law to the creditor at
the time his contract is made, just SO far
impairs the obligation of the contract
(stat. and Const, Law, q. e52.)
The alleged distinction between the
right and the remedy was pressed upon the
Court in Green vs. Biddle, Wheat, ss1.
1t was a case twice elaborately argued, and
we'll considered. Mr.. Justice Washington,
speaking for the Court, says: "a right to
land includes the right to enter upon it
to recover possession where withheld
Again ''Nothing can be more clear upon
principles Of law aud rea.on than that
law which denies to the owner Of land
remedy to recover the possession of it
when withheld by any person, or which
clogs bis recovery of such possession by
conditions and restrictions tending to
diminish the value Of the thing recovered,
impairs his right TO and interest in the
property. If there be. no remedy to
recover the possession, the law necessari-
" presumes want Of right 10 4. II The
remedy afforded be qualified and restrain
cd by conditions on any kind the right Of
the owner may indeed subsist, but it is i'm
paired and rendered insecure, according to
their nature and extent of such restric.
tions." Twenty years afterwards these
principles came under review before the
same Court in Bronson us. Kinsie, / How,
81. This latter case arose under whatiwas
called .'the valuation law" Of the State of
Illinois. The opinion was delivered by
Chief Justice Tausy. He says: "whatever
belongs merely to the remedy may be al.
tered according to the will of the State,
provided the alienation does not impair
the obligation Of the contract Bnt, if
that effect is produced, it, isimmaterial
whether it ts done BY acting on the remedy,
or directly on the contract ITSELF In either
case it Is prohibited by the Constitution"
He then adverts to the case of Green and
Biddle and repeats the emphatic language
there used by the Couft. ut is no answer
that the Acts Of Kentucky, now in quea.
tion, are regulations Of the remedy and
not of the rights to the lands." :: ;.
!. 'If these Acts 80 change the nature and
extent Of existing remedies as materially to
impair the rights and interests of the ow..
ner, they are just as muct1 violation of.
the compact as il they directly overture.
bis rights and interssts.n. 4 ..Sss7l
:: "We;copcur entirely,,' adds the Chief
Justice, sin the correctness of the rule above
stated. Itis difficult, perhaps, to sdtavy j: j.
line that would be app licsbls to all cases
bstWesn legitimate alterations 7of The renee
dy and proviaions which, in the form, OF
remedy, impair the right But it is naaui..
fest that the obligation Of the: contact
and tbs rights of.,a party under, .it nayl,:
in effect. be destroyed by denying :; :rspss
dy altogether of may sbe seriously iua:: illl
paired BY burdenipg The psoceedingsy with
new conditions sad rsstristi; IONS 30 ;sI Ia
make the remedy hard, worth pnssajjpg,s
BE thsn .oitss thss ssut6a 6assity st Mi: lnaiius,,
Blsckstopss trhs IIsJdsdikFF sspaIs of The
INV g ao iesssafy ss consequences Sf :tka
dselsiafory and dirsetof parts :tkat laws
saistEb .ysty vague and ifnpetfast Hslhcas.
i,s sFer, ia selp. Noald hehts IS sdeelsisds;
II