Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-08-02
on the business Of life" Bronson VS.. Keasie,

"What actual obligation is there in law to
perform ones contract, if the law provides
no means for compelling the performance?
And when such compulslon is with.
drawn the legal obligation ceases to exist"
Wood VS.. Wood, Ia Rich, s. c.. 1877.
"The provision of the constitution never
has been understood to embrace, other con-
tracts than those which respect properly or
some object of value, and nnferrights which
may be asserted'n court of justiee." Dart
mouth College.ys Woodward, Wheat !, 629.
at is Il law which impairs the obligation
of contracts and not the contracts them
selves, which is interdicted. ~ What is
it, then, which constitutes the oblig tiiop of a
contract? L. = the law which binds the
parties to perform their agreements. ~
1t cannot for a moIhent be conceded that
| the mere moral law is intended, since the oh
legation which that implies is altogether of
the imperfect kin5 which the parties to it are
free to go by or MT, as they please" Ogden
VS.. Saunders, IL Wheat, $50.
"The word obligation I'D its origin imports
compulsion-thet tying or binding one against
or irrespective of his consent. The obliga-
ton that which, by force stronger than his
dissenting inclination, or. his repeling inter-
est, constralns his will or ties him to the per-
Torrance of his promise, whether he continue
willing or not, and but for which he would in
many instances refuse such performance,
contract is the occasion but it is
not the efficient cause of obligation. When
the promise has been made if the law COM
mands it's performance, and makes the COM
mand effectual by methods of actual compul
sion, it is the combination of these-the COM
mand and the constrainiHg force, which con-
stitutes the obligations Of the coptract-the
compulsory efficiency which the law annexes
to it." Wood VS.. Wood, IA Rich, s. G. 1874
he cd hiah &c ted hx he
tract clause of the constitution is something
more than the privilege of having claim adj
Indicated The constitution preserves
only such remedies as are required to enforce
contract. Railroad Co. VS.. Tenn, 10l q.
S., $50.
AN IMPERFECT OBLIGATION.
Second-The contract under consideration
| belongs to the class of imperfect obligations,
and is therefore not protected by this clause of
the constitution. There ere and were no
| means of enforcing the performance of its
conditions.
ssWhenever there is legal right there is
also legal remedy by suit or action at law
whenever that right is invaded" 8 Black
stone, %.
"Those who deal in the bonds and obliga-
lions of a sovereign State are aware that they
must rely altogether on the sense of justice
and good faith of the State.'' Bank of Wash
ington vs. State of Ark. 90 How, 532 Beers
VS.. State of Ark, 20 How, 527.
The tn and credit of the Staten is what
was "pledged.' - No particular fund was pro-
vided for the payment of these bonds. No
officer or officers amenable to the compulsion
of the courts or any other person or power,
were charged with the fultiilment of these OBJ
| legations.
AJUDGMENT NOT A REMEDY.
At this point the chief justice suggested to
the attorney general the proposition that
another State should hold some of the bonds
and sue on them.
The Attorney General-Tne court would not
oblige the State to pay. There would be no
| means of enforcing judgment and therefore
| the Judgment would not be remedy.
The Chief Justice-SuppOse this State
should sue some private person on contract
| and he set up some of the bonds as counter
claim. Could the court allow the counter
claim?
The Attorney General-If it could don't see
how it could give the right of enforcement
| If the bonds could be collected that way, why
have not these gentlemen acted upon it.
The Chief Jnstice-Suppose the State to
make a contract with an individual to convey
a specific piece of land. Would not this be a
| contract which could not be impaired?
| The Attorney General-If there were judicial
means of enforcing the contract. it would be
protected by the constitution. But if there
were not such means it would be void Of obi
cation or remedy. .tl,t.it.s
The attorney genera then c0ntlnue1 his ar
| gumeht as follows: e.s-a 7.s-l.
THE Ron DHOLDER's REMEDY.
Second-It will not be pretended tn t the
cor, titutional amendment un9er con sderation
lnterlered or prctessed to interfere with the
| contract made, or claimed toS have been made,
| nv the nance ~ the bonds in question:, b.,
any direct assault, by changsngsor attempting
| to change the agreements or stlpul5tions COLI
| tanned in those Instruments The charge is
| that the biigatlen of the contract has been
violated by a substantial interference with
some supposed or assumed remedy that the
| bondholders had against the State. This po-
sltion we deem unfenable for two reasons:
Firt-Because they never had any remedy to
be interfered with, aud
Second-Because the supposed interference
is not with the so-cal1ed remedy,
but only with the procedure by
available, and in the tribunal to which the
application for such remedyis to be made.
First-They never had any remedy to be in
terferred with. ha sas 81. svf.sl
And right here, as in all discussions, it is
well, before proceeding, to have clear under
standing of terms used. What is meant by
remedy in a legal sense, for in that sense only
could it be claimed to be used in the constitu-
ton of the United States.
"Remedy," says Bouvier, (vol. Q, 1867 sis
the means employed to enforce a right or re-
dress an injury"
"Judicial means of enforcing a right or re-
dressing a wrong'' Abbott's Law Dist, 467
ere NEEDLES in their widest sense are either
the final means by which to maintain and de-
fend primary rights, and. enforce primary
duties, or they are the final equivalents given
to an injured person In the. place of his orig
inal primary rights, which have been broken,
and of the original primary duties towards
him, which have been unperformed." Pom
crows Rem. and Remd. Rights, p. 2.
ssIncluded within the general or remedial
right which forms part of the obligation of
every contract, ana therefore the following
elements, each and all necessary to its efficacy
and perfection. 1. The right to bring an ac-
ton against the defaulting party as soon after
the breachpas is permitted by the ordinary
procedure of the courts. Q. The light TO OBJ
tain a Judgment or decree as soon as possible,
according to the ordinary mode of proceeding
in the court where the action is pending.
8. The right to enforce this judgment as soon.
and as efficiently as is allowed by the same
general methods of practice, Pomeroy's
Const. Law, 1893. 2
tFor the breach of contract under our
system of jurisprudence, know of but two
forms remedial right, viz: First-The, rene
dial right of to a specific performance and.
second, the right to be paid such an amount of