The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-01-30


easioning bv unconstitutional legislation
| say this in al kindness. and in due differ
ence to the ability and high legal acquire
meuts Of distinguished gentlemen who favor
the passage of this bili-but ] say II IN SIN
ccrity Twelve months ago there was rea-
son or excuse for committing constitution
al error in the principle on which conceive
this bin 70 be based. than there : TO-DAY
The aue-tien was then new one, and al
rpost wholly uuagitated. but shall we pay no
attention now To the preoedents which the
past twelve months have furnished II De-
comes this Legislature 70 devise some "mea-
sure of relief which can escape the Constl-
tufiouaI doubts and objections which dis
cu-sions. vetoes and adjudIcations have
indicated and exposed, or II must meet TIE
responsibility for the results, and not al
tempt to Grade that responsibility by shifting
il upon the Governor and upon the courts
when their admohitions are already before
you. ,..--
Ii this cannot be done-if these objections
cannot be avoided. then let Us fel the people
n. and do aofhipg. / am unwilling to tam
uer with their confidence. l am unWllibg
to create hopes aud then doom them 10 us
appointment II is impossible for me 10
snDpose for one moment that tins biil'
caI1fd he sustained by the Courts
Of the country II occurs 10 me Ihat
il is based on the principle Of the old stay
law" that has already been decided uhcoL-
stitutionaL
know this bill does not propose To
elase the Courts. / know IL allows
4 -nit 10 90 to jud9meat. But then Il stays
THREE uorfs of that judgment u stays the
collection on that much 81 the 9eDi' Just p
conuIetelv so as had not the Judgment been
rendered at adjust as completely so as had
tba Courts been closed for that length OF
time consequently. the intention OF the
Constitution in declaring that the Ours
sb1IJ h. EsId 08fa@ is as absolutely dJe4tfd
bv the provisions of this bill, a. it could by
anv possibility have been done by the 'oid
STAY law itself
Nor have l. Mr. Speaker been able 10
comprehend in what technically OF the law,
gentlemen discovered the right 10 stay
execution on three parts of judgment but
not So to stay II, on the balance-that three
9gyts of the debt j. of little consequence IN
the opinion of the law, but the all-important
fourth part must not be denied the process
of enforcement. Now II Is not 10 De pre-
sumed that | am learned in these rery iRtri-
cafe matters. BY profession, always a far
mer-uuietly and unObtTusINely so-Aet 1
hone NAV be allowed to express my sur
prise at this wonderful feat in the law
which / am satisfied could not be per
formed in any other profession or science
without detrimeut and danger But l have
discovered that a blunder, which IN med
iciue, would occasion death-in agriculture,
law. would produce barrcst
This is no DEPRESSION, but an answer to, aud
solution ofthe question which experiment
will practically discover to the country
should this bill become law.
! believe this bill is fraught with grayer
objections than the stay
law" of '65 because the very object for
which the Constitution holds open the
Courts, is defeated-the object for which the
Judgment is rendered is defeated. 1t Is
more imperative that process should con-
tinue after Judgment is rendered than had
the suit not been instituted at all, if the
process on that Judgment be stayed. A judg-
mcnt is rendered that the contract may be
to its consummation, and for no
other purpOse-by the provisions of this
bill the process of execution is stayed on that
intention and object l. de
feated by 1.-THE obligation Of the contract
is impaired by it, for the contract with its
obligation is merged in the Judgment to
which this bill denies the process of en-
torcemeut.
Gentlemen answer, that the bill does not
impair the obligation of the contract-that
it only alters the process-it only changes
the time for collection. | ask FIR Informal
ton that may comprehend this other tech
ujc0Htg in which the right is discovered TO eX-
tend the collection of "A debt from the time
already prescribed by the statute, to four
years, but not so, to five Perhaps upon "a
closer investigation You may ascertain that
it is forty years in place Of four to which the
a debt may be extended. | ask
was this the statute when the contract was
made. Is it not held by competent au-
thority that parties 1rheH contracting took to
he remedy bg suit crjstjHg at the time the con-
tract is made" THAT the statute then ex-
isting, known to the parties contracting
who conform the conditions of their CON
tract TO its provisions, becomes not 10y inn
plicatlon, but IN fact, part of that contract,
and can not be changed without impairing
the obligation oft contract The State
enforcement to a valid contract
that guarantee of the State is, the obligd-
fjoR-the c0mpuls0rB-the compelling part of
the contract it has but this one and no
other obligation. This obligation is the
statute itself, which can not be changed.
leaving its obligation of the contract uBfuI-
fUed and claim that it be HRimpajrtd
1t is argued by distinguished gentlemen
that the obligation Of the contract lras aIreqdg
broken 1rheH The Judgment 'ras rendered" Upcia
this hypothesis. the whole argument is based
which has been made in support of this
The premises being wrong. the
conclusion which follows must be an error.
say an individual may commit
"A breach Of CONTRACT but the ob1iga-
I'm of that contract he can neither
break nor impair. The Constitution of the
United States will not allow such privilege
to a State even, much less can the State
tolerate such thing in an individual The
State recognizes as valid, all contracts which
are made for legitimate considerations and has
a created obligation for all contracts SO made.
Parties create the contract, the State has
created the obligation. Parties may create
a contract which has no Obligation in the
eyes OF the law as would be the case of
contract created upon the result of an I'M
lawful game. But K may borrow one hun
tred dollars from and give his note paya-
bic SIX months after date. This is a con-
tract which A and B have created-and
which \ commits a breach Of. when he fails
10 make the payment as prescribed in the
,ontract-but the obligation of this contract
ne can not break. The obligation of this
contract Is, the statute. which SAYS, if A does
lot pay the one hundred dollars in six
months as he contracted to do. he shall be
made TO do so, in eighteen months This IS
he Obligation which the Legislature now
proposes to destroy and create a new one
n place of 1t proposes to substitute an oh
igation wholly different from that now ey-
sting. 1t proposes to break the obligation
which enforces collection in eighteen mouths
md substitute one IN place Of it, which en-
oFces collection in one, two, three and four
ears. But the Constitution of the United
states interiors, and says it shall remain nm
impaired
With these convictions l am compelled to
onsider the bin unconstitutional. that il is
n violation of the State and United States
Constitutions. But, suppose it is constitu-
Ional. Is it what it processes to be. a inca
ure of relief to the people e. Does it pro-
ect, or does it destroy the credit of the indi-
ldual and of the State Does il invite
apltal, or does it drive it from Mississippi
ravlng her resources to languish and her +
opes OF recupeTation to be deferred Does /
even grant "a resting SPELL to the debtor /
or whose benefit it Is claimed to have been
eTlsed As the law now stands, the cred .
tor, II he will, can afford to be indulgent. .
year and 4 half is all that intervenes be- /
ween hIm and the contamination OF a suit
e can afford to indulge but when. but when
: the provisions of this bill. YOU put il five
ears OF, he can not risk what NAV be the
ondItlon of affairs at the expiration of so
emote period. He viii listen to no ap-
cal for indulgence. lie viii say that the
sw itself under which he brings suit IS an
Indulgence. Suit viii be instituted at once
he whole country viii be thrown in litipa-
on. Ruin and bankruptcy viii
weep the State, leaving nothing in
5 wake, but lawyers with pockets
70 heavy to keep pace with the storm. /
III not charge that this is the design of cen
emen In submitting this bill. hope they