Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-03-05
which has intimated an unfavorable opin-

which has intimated an unfavorable opin-
Ion. If such should be- the case, then every
man will be saved from oppression. And,
| in the absence of auy stay law to prsve Il t,
every man will be obliged to do ju,tice to
his Creditors, by surrendering to the salts
faction Of his debls 50 much property as is
not exempted as Ills homestead.
We have Oeeu thus iull in what may be
regarded as Ill UNUSUAL discourse OF the
| subject by the Court, because We are aware
| that the effect of our decision will be felt
Very far beyond the case before US; because
| of the anxious state of the public mind
and because, in declaring invalid a meas
ure which was intended to afford relief,
but which was not only invalid but mis-
cnlevous, and gives u stone instead OF
bread, we were anxious to relieve the pub
nc mind by directing attention to a mea-
sure-the homestead-which may enure t.
| the benefit Of ali.
We come now to the question Does the
ordinance, which We are considering, i'm
pair the oblls alton of contracts
We do not propose to labor the subject
Ii IS plain and incontroyertible. And the
|, arnlng upon it is abundant and common.
Barnes vs.. Barnes.
We are obliged t. concede that it was
not the purpose of the Convention to i'm
pair the Obligations of contracts, both be =
cause that is not to be presumed and be-
cause different purpose is expressly de-
clared. And We to take the declared
purpose the real one. The purpose de-
ciared is " to change the Jurisdiction of the
courts, &c. 10 GO that is quite within
the province of LEGISLATION. But while
pursuing that legitimate object, it turns
Oat that the effect was to impair the obllga-
tlou OF coutracts-a con eqIence which,
as We are to kreSume, was uut foreseen, and
IS to be set down to inadvtrtance or the
UNCONSCIOUS bias OF pressing circumstances.
Aud as soon as 1t Is discovered that the
effect Is to Violate the Constitution, the
Legislature and every citizen will sustain
the Court In Its purpose to maintain tie
Constitution.
The second section of the ordinance of
the Convention of 1876 entitled IAN
Ordinance to change the jurisdiction of the
Counts, a. as amended by the Conven-
tIun OF 1865, 10 be found appended to the
Code, provides that all contracts, without
legard to tue terms Of payment made by
the parties, shall be pay able In four annual
luoGaIlMeutc. Nv Ii Ia, terms Of the con-
tract Dc That it l., al. pay able a. one and the
sisuIc time, ana tue Ordluauce changes the
pay III to fuut diff rent ami distant times,
1t il .uA.e.laI al.era,Iuu and Im PAIRS its
OongatlOu.
Sec 10" sixteen prov des that tho second
Sec lUu >haI A"G at'tIJ - ueuLs COul. act ed
since LIST May, 1865 50 that the .cond
sccLI Il Is liable to tue t~O-tOid o. ctIOn
OI altering the terms Ui the Contact, and OF
dlscrlmlna lug between classes. The Sec
oud section IL therefore void, rs lmpairiUg
the ODllsa lou OF CONTRACTS, lii IuAt { IL
alters tue Terms In the particular vi the
time OF payne ut and ~ III the particular
mat 1T alters tie remrriy OF enforcing Tue
cUutrac .-uOJ 1mMaitil. aud REASONABLE,
ALTERATIONS, but material ,.nu UNREASONABLE
CUES.
Iutre are several cases /, fore u, of
WuIch ibis OElniUu Is decisive. lie par
uruIar lUlIt lrescrbs d III this Is
" La. Thea n uuLd given Slice Isl My, 1868,
III IeLoUai OF d debt ttetuf, L1aE tluI
C, uId b. sued 90 III nee ;uuIy COurt Ills
suit uaving oIlgII a.vu liz Tie Cuunty
Count. Inc utieLd LII pieaded O Cnt ju-
risulcsl"u alto the pialDl.H CT mur1t u, uLd
MS HuuUr Uv, irnlt u the a. murreT nlu nus-
talus Il the pt,a. la tnls There Was CT
FOR. According to this agret meut IF par
Tx y, .ndgueAt w.I tie eutrred here Tor the
ti.nnt.t II lur his cit bit and Interest.
READE, j.