Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1878-05-09

Us ouFtoHO CdSS. "a party re-
covers two judgments s-one gainst
A, the other against b each for
the sum OF fifteen hundred dollars
upon promissory note. Each
debtor has property worth the
amount of the Judgment and no
more. The legislature thet eafter
passes a law declaring that all past
and future judgments shall he col
lectcd "in four equal annual install
ments. At the same time another
law is passed which exetnpts from
execution the j. btor's property to
the amount IF fifteen hundred DOL
lars. The coult holds the former
law void and the latter valid. Is
not such result legal soIecism I?
Can the Judgments he reconciled !?
One Law postponss the remedy.
the other destroys it-except in
the contingency that the debtor
shall acqnlte more property-a
thing that may not occur, and
that cannot occur if be die be-
fore the acquisition is made. Both
laws involve the same principle and
rest on the same basis. They must
stand or fall together. The con:
cession that he former is invalid
cuts away the foundation from un-
der the latter. IT, State may stay
the remedy for one fixed period,
however short, it may for another,
however long. And If il may ex
| on tNf tn l,r
in question, it may do so to any
amount. Ttis, as regards the u ode
OF lm pali ment we are considering,
would anuul the Inhibition of the
Constitution, and set ut naught The
salutary restriction it Was intendad
10 impose.
The power to tag involves the
power to dcstroy.-McCulloch VS..
Maryland, 4 Wheat, 43O. The pow
er to modify at discretion the reme-
dial part OF contract is the same
thing.
But it is said that imprisonment
for debt may be abolished in all
cases, and that the time prescribed
by statute Of limitations may be
abridged.
Imprisonment for debt is relic
of ancient barbarisln-Cooper's
Justinian, 65S; 12 Tables, Tab. 3.
It has descended with the stream of
time. 1t is a punishment, rather
than remedy. 1t is right for fraud,
! but wrong for misfortune. 1t breaks
the spirit OF the honest debtor, de
stroys his credit, which is forHs
of capital, and dooms him, while it
lasts, to helpless idleness. Where
there is no fraud it is the opposite
of remedy. Every right-minded
man must rejoice when snch a blot
is removed from the statute book.
(But upon the power of s. State,
even in this class of cases, see the
strong dissenting opinion of Wash
ington j., in Mason VS.. Hale, 12
Wheat, 370.)
Statutes of limitation are statutes
of repose. They are necessary to
the welfare of society. The lapse of
time constantly carries with it the
means Of proof. The public as well
as individuals are interested in the
principle upon which they proceed.
They do not impair tie remedy,
but only require ifsapplicafion with
in the time specified. If the period
limited be nnrcasonably short and
designed to defeat. the remedy upon
pre-existing contracts, which was
part of their obi igation, We should
pronounce the statute void. Other
wise we should abdicate the perfor
nance of one of our most importan
duties. The obligation of contract
cannot be substantially impaired in
any way by "a State Law. This re
striction is beneficial to those whom
it restraints, as well as to others
No community can have any higher
public interest than in tho faithful
performance of contracts and the
honest administration of Justice
The inhibition of the Constitution i.
wholly prospective. The States
may legis!ate as to contracts there
after made as they may see fit. L
is only these in existence when the
hostile law is passed that are pro-
, tected from its effect.
} In Bronson Us. Kenzie, 1 How.
311, the subject of exemption was
touched upon, but not discussed
There mortgage had been execn-
ted in Illinois. Subsequently ths
legislature passed a law giving thu
mortgagor a year to redeem afte
sale under decree, and requiring
the land TO be appraised, and not tt
be sod for less than two-thirds o
the appraised value. The law wa
, held to be void in both particular
AS to pre-existing contacts. Wha
, is said as to exemptions is entirel,
f o6iter, but coming from SO high :
q source, it is entitled to the most re-
spectful consideration. The court
q speaking through Chief Justice Tan