Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-08-12

against the Will OF the State. Now, is 1t COM
petent to hold them to the will of the State
not to receive more than their contract called
for-the faith and credit of the State.
1t is not true that all laws in force entered
into and became part of the contract with
these bondholders. The financial laws of the
State were not fixed by the contract. But the
amendment of 1858 shows that the payment
was to come from different sources. The pub
lie laws touching the finances of the State
could be amended at pleasure of the State. An
enabling act for contracting municipal debt
laws OF the State regulating it's finances [96
o. s., go The legislature does not violate
| the obligations of contract by changing the
| remedy, providing it does not materially de-
stroy the value OF the contract The modes,
procedure and form of enforcing
| a contract are subject to Legislative
control, providing it does not materially
iujure the remedy. Ia WALL, $685. Referring
to legislation which directly affects contract,
| the legislature has the right to change the
remedy. no How, 2034, 2O7.] Suppose the
| law had been to receive the bills of all banks;
that would have been q matter of public
policy, subject to modification. [20 How,
530.1 The permission to bring suit was not
part of the contract, though when he took the
bonds he had the right to sue the State. While
his suit was pending the State passed law
Il
| the suit be dismissed. 1t was dismissed, and
| the supreme court of the United States held
the permission to sue was not part of the
contract. TAO Miss, 1896, 30l The provision
of the constitution against violating the obi
CATION of contracts s not under
stood to embrace rights which could
not be enforced ~ action sa 80 e
Kent, 1852; Story, secs. 1854 5; 80 Pa, 2Sl J
Ii the court has NO power To enforce the Obli-
cation, it cannot declare it to have been i'm
paired. Ii We have no legal or constitutions
| authority to enforce pledge, we have none to
declare il has been violated. (20 How, $50 ]
Those who deal in tue bonds and obligations
of a State they must be aware they must rest
wholly on the moral sense of the State. rs
CAL, 2SS In California the county is a part
| of the State. not to be sued. Creditors have
| no remedy; they have nothing to rely on but
| the good faith of the State, which has equally
| the power to postpone or refuse remedy. l34
Cal. 2S4. Her creditors must rely solely on
| the good faith of the State rs to the time and
| mode of payment.
Permit me to say here that it is fundamen-
| tai error of the two learned gentlemen on the
| other side that they apply to States the rule
| that they cannot impair any part OF the chain
| of obligation of the contract That is fall
lacy. Did not they enter into this court know
ling that in legal sense there were no obliga-
tions-that they must rely on the faith and
honor of the State? When no legal remedy is
provided, the creditor, having entered into the
contract, is bound by it. The law was well
settled that all these things were subject to
legislative control. They knew when the
contract was made that there was a provision
in that constitution for its amendment.
| admit if contract has a legal remedy it
cannot be impaired in the least degree. But
if the State is party, there being no legal OBJ
| legation, no legal remedy, the contract is not
within the clause Of the federal constitution.
The moral or natural obligation of contract
could not be contemplated by the constitu-
ton, for the best of reasons-the legis-
lature could not impair it. "a Little,
80, 40 The legal remedy given by law con-
in courts. The obligation of conscience is
already beyond the reach of human leglsla-
ton.
Obligation means compulsion-that which
can be enforced. l will show you by their
own authorities that the legal remedy enters
into and is the legal obligation, and WHERE
you have no legal remedy there is no legal
obligation. 1t is not the contract but the OBJ
hgation which is protected from impairment,
sRe contract ws say Is the ms sDsa provosd
by law for enforcing it. [1O2 U. s., a06.] 1t
is the means by which the parties can be
obliged to perform. This is the last defec-
ton by the supreme court of the United
ates. I had supposed it was elementary law
that no means can be found for enforcing a
remedy against State. a Wheat,
629 This is one of the earliest definitions
by the same court in an opinion by Chief JUS
respecting property, in which some individual
had a legal remedy. The provision of the
constitution is not understood to include the
| internal administration of a State. Ibid,
| 1871 The law binds him to perform his under
taking, and this is of course the obligation Of
his contract. In a later case he (Marshall, G.
lJ.,) writes his own commentary, that the
l rights protected are all those which may be
enforced in a court of justice. (
| But to such straits are the other side driven
in this case, that they claim there is legal
remedy elsewhere than in the courts. Yet
the authorities they most rely on are
to the same effect as those cited
on this side-that of a perfect
or adequate legal remedy is wanting, there is
no legal obligation. "A Wall, $50. Without
remedy, the contract falls under the head of
| ing is more important than the means of en-
forcement. The right aud remedy are insepa-
rable; the want of one is the absence of the
other. tg5a t-it
admit that remedy in law may be ade
auate and perfect with no present means of
obtaining IL, but mat Is quite distinct from
this case. "A Wheat, 1871 A law does bind
the State to perform its contract, but the civil
law does not bind it, does not enforce it to
| perform ITS contract. They of the other side
| use glittering generalities, saying the State is
| bound by her contract. say yes, but not in
| The sense here used. / say no, iu the sense
here used. We do not deny the
| force and validity of the moral law,
but we are not talking to your
| hOnors about that. That is to be determined
| by the one judge who sits on the last day.
You have to expound the civil law, which can
be enforced by court of justice. l adopt the
very words of Justice Thompson in Wheat,
| their citation. 10 Wheat, Justice Timble,
their citation.] The obligation of q contract
| is something which attaches tn and lays hold
Of the contract rights and controls the con-
| duct of the parties relative to the contract.
| IL is the law binding them to perform the con-
tract. All through the courts this is the
| definition that it implies the law enforcing
the contract. (Austin's DUR, vol. /, Is, Bill
A law which wants sanction does not create
an obligation and its repeal could not repair it.
Talk of the obligation Of contract apply
| ing to State! The law made to-day can be
revoked tomorrow. Talk of Furnishing a
State for infraction of a law! ~ M
All the authorities say the remedy enters
INTO and is part of the obligation. What is
the remedy? lCooley's Blacks, Vol. /, 38.]
Remedy is given in court of law. [Pomeroy
on Rem, to 4; Q Abb, L. Die, 406.] Judi
cial means of enforcing right or redressing a
wrong. [Bouvier L. Die, 1885, Means em-
80.