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railroad guide
, Vi j -i <
b. w. colb, ■■■,'• >. i«?
Leave *.
Arrive i
Lcavo Augusta...
Arrive at Atlanta.
NIOUT rAaaBSOKR TRAIN.
Leave Atlanta.*.- ... •••••*■•
Arrive it Augusta., i....:
8.80 P. Ml
5.SB A. M,
5.80 A. .1
Atlanta & tVe.t-folnl Itallroad.
GEORGE O. HULL, HuperlntsvUn!
Leave Atlanta...-. ••• ll’SsP.Mi
Arrive at West-Joint £;>**•* i 18.8ft P. Mi
Leave -VVesLPp nt. ft.. C \ 1 Jgft S 1
A To take effect oil and after Scp’letnber «, tfl06.
Montgomery A tVcii-Polul Ballroad. ■
DANIEL U. UJfllAj, Suptrt£tmdaU.
Lwiro West-Point..
Arrive at Cottunbas
Arrive at Montgomery
Leave Montgomery
Leave Columbus
Arrive at Welt-Point
To take effect September fl,;1886.
. „..5 P. M
.... 4.00A.M
.... ti.25 A. M
14.00 M.
IHncon Ac Western Railroad.
B. B. WALKBrT"SupertnUndent.
DAT l’A8<KKar.H TRAIN.
Leave Macon 7.30 A. M
Arrive at Atlanta 1.67 P. M
Leave Atlanta 866 A.M
Arrive nt Macon 1.85 P. M
Weatorn Ac Atlantic Railroad.
CAMPBELL WALLACE, SuperinUtuUni.
Arrive at Atlanta...
Leave Atlanta
Arrive at Chattanooga
Leave Chattanooga
Arrive at Atlanta
7.80 P.M
... .6.85A.M
0.10 P. M
. ...1.40A.M
KINOaTON ACCOMMODATION.
Leave Atlanta 3.15 P. M
Arrive at Ktngetou 8.05 P. M
Leave Klngaton 5.00 A. M
Arrive at Atlanta 10.00 A. M
1866 FOR 1866. 1866
BRADLEY’S CELEBRATED
VOL. XII.
I^rolVHwlomil CuruN. J.
GATE CITY LAND OFFICE,;
WITH
Rtun\ A Ituleoy, In tho Norcross Corner Hullillupr*
MARCUS A. HR LI,, ° ;
BELL iV. BELL,
' ' oH& AN AtWfiniltY ifiptAW, ATLANTA, OA.
WILL give strict attention to tho Haul lfelntu Huai.
V v ncmL Conveyancing, Writing Contnicla ami Wlfisj
ami to making Hottlcmcma anil Collei ting JJobta without
- - ■ pr
L.
u ■?
bisqb
anil If uoaalhle. Caali nilvaiicea.iuade on City
' IHHranKNCRS-eJ Tmm, .foee[ih Winahlp, L
troll, Atlanta; 1- Daria, James (lanlner, Augusta;
Ledynnl »t Harlow llmlelphln; 8. Hoot, John Uvlng*
eton,‘Now York. - | nfurW-alii
+ [Til, T.D.B.]
LAAV FIRM. ~ ,
Ir.JMV - vioiliLV/ ! ili/£__
W. », wntoitT, h. r. waTkinb, k. uouanAsa. '
WRIGHT, WAfKlNS & DdtIGLASS,
ATTO«HiY« AT LAW.
Will practlco In all tlio Cotirte of LA1V ami EQUITY i
.ai«Hu*.-M*«.bi:wJ» IUIs»t«t«.' «*»Se*4 »,!» ’
Office la the Lynch Building, Corner. Whitehall and
'H -
.. ATLANT A, GE ORGI A^ I
ALSO, AN OFFICE JN,
viv-tf. JNEWNA.-1V, I 0030n«aAV 1 ;
one of tho Firm will always bo founil.
t -PROMPT ATTENTION dMtift TO ijft81NElitt'
Je6-lm
——
Prompt attention given to Bunlnes*.
• • " 1;'.' ir.-"’. or.. <r.f '-.,ai , )e6—1m*
toptru x. nnowN. fj , , < J
BBpWN ate |^PE,
^TTGRNEY.S AT RAW,
ATLANTA, .... . flEOEQU,
ITT ILL practice In-auy ojaair CHMcourt a of tlili State
Slmik&jm ^sj^flfpl^rtsmilbaflncaei
wl.fchwliHeetily'thcTr
V. it,
TNFORM8 his oW.(mirffil*;T*Mr the citizens generally,.
.. DBS. MURPH^^’IiAbR
i-itt. Pipes, Piilloys. Car. Wheels. amL
Railroad Oaettogs of evory description. .«>«!» i,L-
a-r'iriii-rl>g rrt ' j •..lu.iiira, Ld;)r«J--!iHl'> t;;trfS
PATTERNS MADE TO ORDEffie w
Smut Re-Toothed and Oumnicdin the best manner.!
.lilt;:'I s»!v, ’
promlflb lilthfaTTy tb U execute nil orders wl
A,theolrfutandof Jnmo. (..puenihS
iaCTiiteliflBpp;
.IrtVlAl pTUMf'l «ii«p*<v t
hwi WHOIiESiilJE ®ROCER
!•;** -.i.'tf fniftftfj >.<(#.;,¥*& *4irfJ ' i .ivi - I-vh'ihl >3i
—AND^-I v*. ;'i V ,.
■aseaswy URsn^f
COMMISSION MERCHANT
potmsneht relief without recoureo to quack nostrums,
which are yuH only worthless hut Injurious , lu their er-
Believing that the Inhalation ol thp Oaa Is perfectly
hannlcea and without any uuptcaeant effect, wo can cheer-
hilly recommend It tothose.who may wish tohavo teeth
or roots extracted.
We are permitted to refer to tlio following Plivslclr.ni
aprS5-8m Ai&UT UAPj{. I). D. 8.
PIANOS! PREMIUM PIANOS!
- Vi Mi i s-f' 1 -
NEW ARiaVAlrOF I ;
7 AND 7 1-4 OCTAJE PIANOS.
A NOTBEli supply of life well-known, ilcscrvnlly ate
iV predated and popular PIANO FORTES; made hy
BACK HOOP BEING COMPOSED OF
Two Perfectly Tempered Single Spring!
Braided lightly together, edgo to edge, forming ono
Uoop, »nd tntklng tho Btrongett aml uKJut
Flexible, the Llghlest and .mo^. 7 ■' v.
Durable Spring made.
They will not Bend or Break like the alnglo apringa, hot
will alwaya preaervo their
PERFECT AND BEAUTIFUL ^HAPE
CROWDED ASSEMBLAGES:
Has Just been received, and are offered for sale at prices
to suit tho prescncttines by their authorised Agent,
H..BRAUMULLEII,
, Whitehall Street.
_ The opinion and Jnilgniimt'of Ihe belt Musical
of tbls country, may (w'neeit ln Pamphlet at the
* "tore.
cba~goi torb* !,,e o ^5*™“**°'™* ^ or 0 '** when ex-
Good second-hand Pianos for aale or (o rent.
AT GREATLY R!EDtfl$fi PRICES!
A LL Straw Hats sod Bonnetrare offered for sale, eon-
JX. teiuplalltig a change of basinets, hy ■
Mila. IlllAUMULLEIt,
Whitehall Street.
nicBItlHe, DORHETT St CO.
mMUTEiid ah'6 BEAUms tit
CROCKERY, CHINA £ GLASSWARE,
; Corner Whitehall and Hunter Streets,
ATLANTA, GEORGIA.
be Largest Stock crcr Brought to this City
Granite and Crockery ware direct froti the potteries;
Porcelain amHBllaawafe Worn Ympirtinf and Manu-
• fadnrera; '.:••••■ > *-• v ,-i—r if, >•
Pull line* or Granite; Crockery and GIAiSWare In the
orlflnat package, very lowdo the frmW;
160 dox White China TeAa, refy cheap;
Elegant Dinner and Tea Seta, In Plain And Ornamented
■ French China; •■'•■'■* ■ • '
ToUet Beta In art'ulte, Chins, Ac. j
Find Table Cutlery, Plated Waro, &o.
0HDR0HB8;
THEATRES!
RAILROAD CARS,
FOR PROMENADE,
OR HOUSE DRESS.
Ill tael, they arc superior to all others, combining
Comfort, Economy, Lightness & Durability*
INQUIRE FOR
BBXDLEY’S
DUPLEX elliptic
OR
DOUBLE SPRING SKIRT.
For rite everywhere. Manufactured exclusively by tin
“la owners of tlie Patent,
WESTS. BRADLEY A OAKY,
No. Iff Chamber, and Not. 79 andtt Reads eta., N. York
Forealoln Atlanta hy
Mtsana. TALLEY, BROWN A Ott,
• '* , *; „: v,
HCOTT, VAMOm A FRRRMAN,
And all Other HenhanD who sell Plr.l (las* Mklrla In
w " "‘Y»M Ihruugtumt ihe HoulhmiHtalir.
Tho New Patented Empress Trail
**»or all the regain New York, London, Faria aud
throii ; ;himt Knro|>-,
LAWMl be«re that J. W. BRADLEY'S name D
***‘‘ 1 *“ “hlnsf^ ^** lrt All Othlro are .putlnas.
JrJ M M Id 4 V.
Gn WHtrhall, between Hon ter
I'd Mill hell .triad.,
.--r; -cU, fit Whoh-.ato and Retail,
in.iin ,7r ,7 i .iuli,-.. Bread nod Cracker.,
mamilim ,n * , * ai » | . »“'• sold nt tho lowe.l price.,
[Tn.r.o.a.J
MANUFAtrruilH it
AvlL all khul, of tiik
if. wonci£STKn ana i
HA1N1M JIIIOTIIlillN, [
No»v York,
rtock, .
aprS—8m
NATIONAL HOTEL,
Corner Whitehall Strectand Western & Atlantic Kallrnndj
ATLANTA,
GEORGIA.
T1)I,S Nejvly Erected, ConunpUloijr. .,,
Finer CI.AS8 IJOTJUia,
Elegantly furnished throughout, end coinbleto In all It.
appointments, will be thrown open for the recep
tion of guests;
Monday Evening, May Elat, 18(1(1.
i TTACRBD to tho Upt«) la a flue Hilliard Parlor will)
i. Phelan Table*. - A first cldas Bar, Hilly nod com-
lotely itocked with choice llqaors, Wines and cigar*, j
The patronage of the '
y Proprh tors.
*710IA-ICN • AN " AaS-V-
Wholesale and Retail Grocers;'
llluo Honw, Pearh-Tri v Hir. i-t, i
ATLANTA GEORGIA,
Keep constant)y oa liaml a ffiplondid disnrtmriit of
OroccricB aud Frcili Country Produce,
T O which tho ntlentlnp vt f.imllle. In Ihe rlly la dl-
reeled. IMtSMaMwMMlilia M *?
Atlanta Maohina Worka,
t -iffri-i
: IRON ^^N^ .BHSSS FOUN-DRy,
mis!
•iif JlitJOV/-
' -iiiioidM.
lAfl
m
rJfui
tiiWii
; PiiBttBliM^DWitTANh’wiyn^'Rr'
JAEEDIRWItfWHWAKSlt,
itFPIOT—Second Floor OrSw’s Bulldtlqr.entmn.r) Whir
i-.vL 1
PORTER, BUTLER & C0„ Proprietor*:
in ft. .L.vwljt> -el rDnySti- K -3/i> ’(t-.T.l.'PJi; 1
[.>V! tv fmivin il iv*',d ;s ;r Vukv,J;i -j i- • .
tut »> ,r ^prepared to Maimlkotiiro and Repair rtl t.|d -
iffjai'n ni thi: i-t t-r+oHu •*( •
■i-M-AIGcH I tV'K RiTili ,-iit!
t M-irDr.sJiUt(iq Vr jci •
VtoQlHdr (an ..WINtf. -w>. ,!T ‘
Dr-n h-vjf.Le ’
ALSO,i ' . ««> rrwt-fw; : v, :
'iittotfahdBrWeEhattlja,'** vm.ll
; !: : ; -Bitoin^iim., ■ '■ " :
'■i*i *-. I ip- -'Hob,,'
Iron Ralllug,
Mill Castings,’
HI B-.u i h
Sugar Mills anfl Boilers,
ctnuviufiA
i Stti. -'nij i
bns litmnvoftii qv-.-ff m !
« 7i»rfwawl®9«tv»off. lira wd fcws
I prcMitmcHint itwHhOTtl>* ! denied llyanyone
•thut in t a -StatO whore imprUuniuint ter rtelH I:
ycd. “i'K 1 - *8«{ain»t tlicjocdy “ oftcii the too*
known Hii III
Icnl:' Indeed; iliorc
cdmniunitv who Imv
each (.rafuryingofl
„ h>Wly ; UyBbotife i ftftn
PmhVttwwmiat IhctW H whl'kaoV. _
To take away this romqdy, upon IW 'fitlth'm'
which, imtinny cases; thc'credltlsgiyW/iidtpu-!
diiivii, ei* fiiciiiy unra, me treuu is u
ly postptWea-the 'jieriorlriiince, biit’to
dcstioya tlte right, by rendering .colic
' Millie, which' Inight otherwise he thi
! short thiu*. This, tOO,' whs a remed;
kuowu nnd practiced nt tho odup'tibi
stluition, and Wft«; n"'<7AB*,i -.a;;
the ftamers
,JW >.<>« 'Kwrt-r t; 4M-
AVhltcliatl BtreeJa
ATLANTA,
OEOROIA.
.col
lontdah thatnSy g'lyomoalrlsl. 1 ;
COHN, COHN I
5000^°“^ In store and tor aalb by it
R. M. CLARKE,
.- Whitehall street,
BACON,~UACON I
g0 0A8KB OiearSIdee Bacon. .
10 casks Shnuldcre,
10 casks Hams—SngacCnred ami Plain.
In store and for sale by ‘
* '• ■ ' IlM.'OLARKE,
Whitehall street. .
PLOUltr FLODIt I
30QMtttRMI»H ,| t)U»i»Iaj | tWat > a tor tale by
3t. nt.uIiARKBi
wiiiiobAii flimot, k
I'OTATOES! f'OXA'fOAUI 1
25 BARRELS ROTATORS. In alofe slid for aato by
R. M. I'LAltRi:,
Whitehall street.
' GAThS, - OATS I
1() Q sAckS OATS. In store and for salahy \
I|, M. CLAltKL', '
Whitehall atroct. .
PEA«r PKA81
1000 ®®jMHILSdM»«le and Family Peas. For
aprlD—c ' _
d. K.
BRASS FOUNDRY, GAS FITTING,
GENERAL REPAIR SHOP,
Corner of'iliitlor nitd Hallrona Strocta,
Oppoilloan.lt. U. Machino Shop,
ATLANTA, 49X301101 A.
TTAVING wlthilrawnTrem the flfm of Gullalt, Duller
1J. A Co„ lliavc oetabllshed myself jiennancndy, to
do Foundry work. In all of Its branches.
lu Brass, German Sliver, iron, &c.,
Will keep constantly on hand and tor sate,
BRAZING, HPBLTKH, BABBST
ANU ANTI FRICTION JIRTAL,
TINNERS' and PLUMBERS' SOLDER.
GAS FITTINQ and, JOB WORK
Innta authorizes mo InjuUcltlng a share of patronage
hum, my old friends., •
wltlfthelr orders shall
met promptly and Ikllhtolly.
Addreae
msrii—8m , . Atlanta, t
R. M. CLARKE,
Whitehall street.
fr'eilds./Tlipse at a diatanca who'ISvor me
. . .-jv, 0 cr |j cnc g t | u ( limy will be
MASSEY & HERTY,
DRUGGISTS,
AVIirX'EHAI.X, 81'nKErF,
ATLANTA, ........ OKOHGIA,
niaLxha nr
Pure Drugs, Chemicals, Patent Medicines,
Perfumorlea, ToUet Artlolei, Stationery,
OIGAItS, WINE8, LIQUOH8,
Dye-Stuffs, Paints, Oils, Glass, Putty, Ac.
Coal on and ljim|ia,^Mnihhfo^aod TrftinVr;' Oiral-
^tayPhyalclaus' fifcifiljitlhn'a riireftdly compounded at
' "“'ll. *. ranwtt.
tt«K«r. C
|(Sodla
Olgitri,
ileal,/Fuii* mill Corn,
land Liquor#.
Tho country and city trmh? inppltjxl on goo4 ||nQk*
3m ■' i . . J
GENERAL INSURANCE AGENCY,
Atlanta! Georgia.
HANCOOK, Agont,
■vv. n.
U-rms, III the fullnwiiig
plEW
Ktiiuf IiiMtirniiru Coiu|wiuy*.
(toolherp Imnnuic? * 'Itjftt Com puny..
IXoidu IUNur«u(*t (’i.mjMUiy MVJ ..p V
rulROMi Kiro Inaunuon Coiiiimuy.
Piro amt IiliUranCO Company.,./.
iDpouy.vV.
Kultj
K»uI*lor Vita |naiir
NIKKI
.SdVaiiiiHli.
t \e, Jktvitmitth.
..New Unvuu.
c UnrUuiU
.. Nriw York
. ...I^ORT York
•rWlillilwll mill AUlmnm flrcul". ui»>.5») Uin
'4*0 MIldldKIlK
WEST uuellty DUTCH BOLTING CL0TII8. "Ilei Au
■ a t.-" Grand. Juvl received aud for «alo hy
J. M. A J. C. ALEXANDER.
ORME & FARRAR,
WHOLESALE 6-ROOERS
Commission Merchants,
Alnrlol to Btreof,
ATLANTA, .
inUjit—
LEVY
... . . GEOROIA,
& BLOCK,
Wo»( ehlu WliH'-haJI, lietwoen lluiikvr »utl Mitchell ut*.,
TTAVK Jttfcl rfcclrpd and aro now onenlpg *
11. fttHhlonahlu atock of Hprlnx aUu Huinuu
STAPLE AND FANCY DRY GOODS.
Aim, l.ailbV and UMtllemea'a Boots and Hhoea, llo-
.l*-ry, Notion., and Ladloa' Under.Wear, Ac., which they
, offer (o the cltlr.eaa ol AtlaBla and aurnmlid!
nt tho lowcat market
icy ."licit a dtautnua
N. Il.-7k0» lu
> Vr--m.li an* Fngll
r.eaa ol Atlaata and aUrKiuitdlag
, Thankful tor past «
I their patronage,
bare «o hand a large aeeortnw .
... .. rilah Broad llopiv, lUsck and Fancy
'a,i.tinrre, Tallorv' Trintmlage, which they offer to make
In order hi llw moat IhehUMioWe atyle and at llte stiorteal
notice. They also bare oa ban4 a lane a Mortmain of
-Ctothlag, tlenta’ Furnlvhlni Omaia,
may 15-3m
HprluK and Hummer f
Hitrlug ana
Hale, (lap*,
the coileitliiil
bf'-debtoiVhV i
remeily, Mr. .ftistlcc McLeui lmhV the statute ol
rtllrfof* to liH^rrimHhUlitinal.' Aipl fef'M (life
vury next volume, at llwnwiihs or the next term
ot'ifliilwmn, the jmignk’nt ileitvifmf in ttit! r c|M
of McCrackiu nt. lluywooil; wtiU'li purikirta th
bo tho univdrilal- opinion 6f the eottrt, aeehfcs
tlio lUhipls statute uiicountilatlooat/wlthout any
ot'. the. reservations made hy tbd Qhtct Juattco in
the like cose, and without any dissenting Opinion
Jroiu Judlim MuLeatt, oud-even goes so tar as W
luhnil that Lhu luvv of the rt-meity'i* jiurt of the
oonlmet, in the,very teeth of wlmt has been said
to the dontrary Inr CJlhif- Justice MarahaU, Clilof
Jnstlcu T,dii*)>', ati4 Justices' Story. Washington,
. Joliuson, TIioibivhob, McLean; and alt that dans
SrMraV . r Th#Jwt .nieoltoued caao ca.uiot,
therefore, lie regarded,nor could it have tieeB In-
the laws ot the remedy in existence at tlie d
of the contract.
In Gnrtis’. commentaries on the Jurispi
oHtic Cburte Of the UiiltCd States, ho tre
suliject is utill lelt in a distressing conflict of
o\)1nions, niid’ ret]uirea to ho re cxamitlwl upon
principle and analogy—dnrtla’ Com., sec.'255.—
AmMn'secllon 2f)0,fie Yemiirks: “In tlds-tatfei'
case, howevnr, (Cooks Moffaft, 6 Ifoward,21ffi,)
minds of t he
an execution B|
ns : nitic
oFlhafinstfuniei
,u#t the Hrtjncrtyt"**,
]ttU< comrtuw jaw/os'-lt existed'
If one Impairs the ol
both do, or noiflier'i
n.Uieotlicr does; they
Iocs. If the legislature may
oxempt tlio body, and leave theprojierty subject,
why may it not roverse the rule and oxempt the
property, or partof.it, and leave the body sub
ject? Whatever may be sald'by the courts
about the-humsnlty oftlio age, allowing-tho ono
or revolting at the other, the legal reason is the
same in,both cases; aud the power of the Stato
over the^remedy. is the same. It is no sufficient
reply to Bay that tho court is concluded by au
thority on these points. Not so. Tho conflict
of authority is so great On thla questidn.' that this
court Ib boufld by no authority, hut is at perfect
liberty to look to first principles, mid found its
'udgment upon solid reasons,
Docs not nn act of the legislature, then, which
takes away.br entirely destroys this remedy, in
case of a pre-existing debt, impair tho obligation
of the contract? The Supreme Court of the Uni-
ivb no, and th6 State courts Concur.
Why not? Does it
ly not ? Docs ir n6t delay; and oven defont
plaintiff, in The collection of Ids debt? Ad
it, say tho courts; hut the right to take the
mit it, say t]
body of the
ter of remedy, (as
ly mat-
proper-
■ contract,
h that the
the remedy,
part of it which gives tm
execution against the body, witljout impairing the
obligation'or the contract That the courts may
speak for themselves, I will call your attention to
some authority on this point. ’
* -Inf Sturgea vs. Crownenshlelds, Chlur .TtisUco
Marshal) says tliupriHomneut is iio part otthe
contract, and simiily to release the prisoner docs
Ir the obllgatlnn. 4 Wheaton, SOL
may, indeed, exist without any present
lulcipiato correspondent remedies between pri
vate persona Thus, a State may rclliso to allow;
imprisonment for debt, and the debtor, mayjiavc
nd property- but still the right of the creditor
remains,'and homay enforce it-againstthd lbture
BSSAT ££
State legislature may discharge a party from jmi
prisonment upon a judgment in a cfyil case of
contract, without Infriogiuglhe CoustitulIOii; for
horse, or -10 acres of
bs, ns
rssasa
dn this point, upon a-state ot facu
which meets tho question openly and fairly.
Mr. Halle was In Jail nnOefa'ca. te.Tor debt in
1810. In tlie (Hate or Bhodtf lstaddpand upon his
jietitlonv tho legislature of that Stato passed a
debt, and he was discharged accordingly. Thu
case was carried' to tb'o Supremo Court of the
United States, and tlie question was whether
tl.to Monlnilnn «i -II.. l.^l.fo-l.l.o pf fljfc 8^1.. Im.
this resolotton ol the li
paired the obligation of tho
nremo Court held that it : did not
Thompson, delivering tho opinion, says:
“ Can-lt be doubted but the legislatures of tlio
SOU SKItfSSi
been questioned.
would be valid under the Constitution of tlio
United' States; where is' thefAimfilrthW to lif
svor
And if such a general law
found that dculcs to the Stale of ltiwde Istoud months Instead ot six Weeks;
tho right ot applying tho same remedy to Inffi- n boutoluo and a half months
vidua) eases? This Is nmeasure which mflA.bc time allowed by the law hi ox
regulated by the vl
entertained by the Stato
act merely upon thtf remi
policy nud expediency
glslsturcs. Such laws
. , y,«ndlhat in part on
ly. They do not take awny tlio entire remedy,
but only.so lar as imprisoimmut forms a imrt of
hrUgwaturo of Indiana, In-1849, pnpscd a
law nbollshhig Imprisonment llir dOht, anil'au
thorized those thou under bond to remain, wltldn
jirlson hounds; to go at large, nnd plead the
statute to atiy action that may he brought upon
their bonds. The Supreme Court of that State
held this-law unconstitutional. Tlte court Kays:
It ta matter too wellsettied Id admit of comro-
versy, tlint the'legislature la coWpfctcnt to paw a
law Which au Insolvent may be discharged
mprladmuent up.
debt, without Infringing
lutlon alluded ta If tl
the remedy hy imprisonment On-account of tlio
insolvency ol the di
other cause,
i a previously contracted
tho clause ot tlie Const!-
legislature may destroy
aent On-account of the
ebtor, they may do It for any
orslmply liecausc It Is tholr pleasure
so to do.” 0 Blackford, 874. Inthocaseulresdy
n liTicd to in 1 Kerimn, tlie .Imlge, while xi-ottk-
Ing of the exemption ot the team aud household
furutture', says: "When tho remedy of hojiria-
onment was taken away, iuellW-t upon existing
engagements was ten fold more Important; ypt
tills was held not to he objectionable, because ot
the right whlbh the Slide lighdalnres must always
IHiiwss to modify nnd regulate-tho methods-of
legal urocedurc,”
1 ought add umuernua ullier Htate mitboritles,
hut as they all, 1 believe, without nn exception,
sustain tho position of tlio Supreme Court on tiiLs
point, I will nolconsmuQ your time bybrluging
lliem under view.
TIiiih far the quotations made Irom the opinions
’ot c'mllicut Judges, and from the decisions of llui
Supreme Courts of different Stales, have Isvinn-
Icmled to Illustrate the great principles Involved
in tills case; audio show Hint the law of the
remedy la, so loug.ua a suMtantiee remedy is pre
served, mailer within the sound discretion of the
Slnle Ji k’lslalurea, I now Inquire wbal deoislnns
have been made upon tlie direct quesliou ? Has
a Stale the power to pass a stay law V I am not
aware that the question has over been fairly made
and directly met and decided by Ihn Supreme
C'ourt oftho Ulilicd Slates. lTiilwbly the near
est approximation to il ims laocii dieeium of llrrm
son vs. Kenv.ie, l Howard and SlcCrackto At Hay
wood. 2 Howard. These eases botli grew out of.
thu Illinois statutes of ujpprettmcnt, to which ref
erence lias already hreti made. The Ural—in
which Chief Justice Taaney delivered tlio opin
ion, aud Mr. Justice McLean delivered an abb
dissenting opinion, whirl; is is the last cnao re
ported in i Howard—related to mortgage* under
the statute; llte last—in which a Judge, who, with
out disparagement, uiay be sold to bo loss able
than either of them deli verwYtlm opinion—minted
to common law actloha mid' Judgments under a
like atomic ol nppmiaineol.
Tho Chief Justice, In the first ease, put tlie de-
cisiuu u|kin the ground Hint the stalulu acted ill
Hut we may be trffd that the legMatme has ns
hutch power to any before the rendition of tlie
judgment that contracts made payable fir* Jan
uary, 1807; ahall be considered due and payable
flrst January, 1808, as ft has to say after judg
ment that collection shall be suspended for a
year—that time is nTways an Important element
in contracts, and that the legislature can do nei
ther.- Now tlie fallacy of this argument consists
<!n assuming that the regulation of the remedy
by the taefslannw changes the contract of the
parties, Bnd substitute* anew contract forth*
one made by the parties.
Hon of the operation of State insolvent laws _ r —
contract?, ;io K manner which-shows that as great'
a dlvorsitv oi vlows exist upon-It Dow; as ^#as
fomul to cxist whca Hie question was first pre-’
Bentcd,in the year 1819.” '
-This author,’in an able article, expUsek’-tfto;
fallacy of tlio position that the lavr of The plice
is pari of the contract, and. pronoupcre the rea
soning of Chief JustioeMareball on that subject,
iu tlio case of Ogden t», Sanders* tinanticenMe.
Note to sectioo 2(bi. Ill
iffifflg tho question is still nniopcn ono. in tho
Supreme Court of Ihe United States, it is not so
•Btffia,*' u^bn any Self,Vur.a'ilJlDi-Bwbn-*.
onablo lime, aud it has been hold that a stay of
three ycaralsnot' Aix unreasonable Jimc. '
mefit /
ir;na«cc of rticTrafty. The tew has
had nothing to db with li. If Constltittednopart
or Hie cbntract, 'Tlj® contract is broken hy A
but the obligation to perform still remains, A is
rijli under "tlie duty or perforriiing Ids legal
agreement.”; Now suppose, iii the exercise oflts
acknowledged liferogalive, tije legislature should
pass a lawjn'December, 1865, shutting up the
courts of the State'for the year 1887,
suit could be brquglit hy B. till. *
wonld this fmpalr tbc obligation (
or could B com'pel'thi! opening of tbc couris fo
enableJilmfo sue in Jail Uiify7l8fi7 ? I presume
.no'fovvyer will contend for either position, The
bribe contrail Will remain as H
If the act had not ken pa*M&' 1C
e under “tljfi duty .rt performing bis
The legislature, in regulating
ing all remedy, for a den-
Glbson, dfeUvcri'ng the opinion of tita cOprf, shyrf:
^sasSTAWiiasia
unconstitutional, in 2 Howard, 608. in tills avrdi-
nal feature, that its prohibition of execution might
he jierpetnal, white Ihe duration of tlie stay in'
Pennsylvania Was limited, fn 'other words,.the
one-might entirely destroy tbe remedy, while the
other; os in tho case nt bar, only, postponed the
period for its pcrfprmance. This la an authority
of a court of high character, directly In point
On'the 18th olcApril.l86i,itlie Legislature of
Pennsylvania enacted that no civil process shall-
issue or be enforced agnihstany iicnion mustered
info tlie service; ot this State, or. of. the United
llrietcnbnck w. Bush, 8 Wright’s Beits., 818, and
in Cox ex,, Martin, same vol.,ff22, tho Supreme
Court or that State held thls o&fo^mM^-v
ttonal, when tlie terra at service was shown to bo
for three years or during the war; these latter
words befog coitstrubd 4o mean ! ltss' thinvthrec
In the case of Droxct et ni vs. Miller, 13
¥T ^iYSWMUrmed and ap,
plica to u mortgage, nud u set re facuis on n mort-
p..YN..„ -A, —,*■ „ l0 jet,'and
'ortho stay.’ Again, In
13 Wright, 270; these rulings
•' ■' t case it was hold Hint
o case, orlfit did,that
,/htm so appifed' an tho
defendant had been mustered into tlio service for
“during the wur,” without limiting It to three
this’coimbclfon let me Inquire what righi .
honors Bilvb to Withhold ygnr opinions for, six
mouths; on any contract chuffed into- prior to the
late change of our law on Wat stibjbct, if tho law
ot tlio remedy Is part 1 of the contract., At the
time the contract was made it was the law that'
von should tlispo-e of the case, except tor Provi
dential cause, nt lliO’first term of this courL—
What right have.you in case of ucontract then in
existence In stay collection six monthsJougertlmn
definition of bis term can'be obtained except 1
what Is implied Jiy the wonU-“during the war.”
follow leg a specific
were construed to. mean less
Tlfoy. wercheld to ? \lOT|6f’H
extension of tho sprejac period, hut a possible
abbreviation of-lt,- Even assuoli, ltowover, tliey
were indefliilte, aud .were so stated In tlte case
above referred to. These cases were ruled on tlie
ground' that ihe roaxhnuiiv period wits' dbfinito,
aud ss that was considered not an nnroasnhablo
noriod under all tho circuuwiancr-n of llio cnao. no
Kit ;wna made of tl,e li n iel)uitencss of tim
jiossiblc abbreviation. '• And Ihe'coasflthtlonality
of tho stay-tew of 1801 was silpporled sOTcly on
the ground Hurt the utmost8toy.it: bottlil give' to
Iio same ruling has hoon mado in Wlsoonsln;
Baumhbpct .
In Von Bhmimhpck vs. Bade, 9 AVlscnusin, 559,
whcfdliie'Supreme Coiitt lilts sustained ifie con- ,
Htilulibnallty of a ifoy law oPtllat 8tafe. ■
-Tlio oldlttw under wiitah the contract was
six*Weeks aHvwttseriient; makingthd whole tent)
allowed for tho collection of-tlie-debt nbont two
ai|d,u lialf moutbs.
Tlio new law «’
rcclosurc for six., ■ , „ . ■
and to require tlie' pNipbrty'to Lo ndvbrtSed si
making tho stay
longer than the
.jiqe allowed by (he law hi existence when the
contract was made. It was held that this law
only neted upon the remedy; that it did not im
pair Hie obligation of the contract, aud that it
was constitutional ami valid,
Chief Justice Dl
tlie court,
Ltinfookdd
other cause, the existing remedies bocome so
stringent iuqll, or a particular class of actions,
that great aud extensive sacrifice* <f property will
ensue without benefit to tho creditor, or reflet to
tho debtor, a relaxation of the remedies becomes
n fHmtiee duty which tho State owes toils citl-
/A*] IS,
Tlte general welfare of a community Is com
mitted to Its care and kccjdng, mid, on flmda-
mental principles of Justice, It Is bdund by rea-
sonnhlo regulations, to promote aiid protect It.
In passing upon qucstlops like tho itrceeut, courts
must look behind llte statuto itsell, and take no-
tiv of the causes which led tolls enactment, for
otherwise they would bo mvabfo to dctemilno
whether Us regulations are rensonahla or not, or
were demanded i)y : tifo »tafo of tho times or the
finShetai comflllon ofthe country,"
The judgment of tho coqrt was'unanimous hi
tlilacs;«y|lsuugU the Judges arrived at thelr con-
elusions by dlfrereut iitixk-s -of reasoning. Tho
Chief Justice was disposed to allow that the law'
:ol (lie place entered into tho contract, nud was
part of U, Jtidgu Pay uc delivered an able aud
lucid opinion. In which ho controverted that po-
sltiou, with irrmtlallblu lock; and force, and
showed conclusively, titat, It adoptod, It left the
legislature with nn power to make tho slightest
change in (ho remedial laws, In oxlstcnco nt the
time tho contract was made.
The ! Bunrtnne Court of Iowa, In a late case,
McCormick vs. Busch, has sustained a stay hue
{or it period more indefinite than Is allowed by
the Supreme Court of Pennsylvania. Tho act
‘ " ' :>glslattire of Iowa in 1869, says:
lions now pending or hereafter
brought in tiny of the Coutts ot this State it
shall bo a sufficient rnuw for a continuance, on
redly uuou Uic coutnua, nnd not ujmiu the rem-
ody, am! created a iuu> mats, do., while he ex- which seem to be based upon certain ptentiar
preraly admits the (rawer of tue States over the I provisions of the statute. Nee Law Hegtsler for
|tassed hy tlio legislature ot Iowa in 1802, says:
“ That In all actions now (wndlng or here
■■■■I | _ _
.motion of ihe defendant, Ids agent or nltorncy,
If It Is shftwn to the satlslactlim ofthe Court
that tlie defendant la In the aetiial military ser
vice of the United Ntates, or of tills State, ami
»|K>n such showing lining made, said action
shall stand coiitlmu'd during the actual service ol
said deh-ndant In tho military service." The
Huprome Court held that this statuto docs not
conllicl with either tlie constitution of Iowa,
which drclarv* that " all laws ot u general ua-
'litre shall have a uniform operation, nor with
that |irortslon of thu Constitution or the United
Hiatus whirl) declare* that, “ no Slain shall |Mor
ally law Impairing the obligation of contracts,"
and U, therefore, constitntUmal. Judge Wright,
In delivering the opinion of tlio court, reviuvvs
tlie authorities nt considerable lcngtb, and say*:
" Wii have loimd tin ease which bolds Hint taws
giving the right to a day of madam u|s-ii ivr-
litlii terms would lie iuvuild as applied to prior
contracts, unless II be certain mica In Keutucky,
which seem to be based upon certain peculiar
'December, lWS, pagc Bff. Thtae
Hie Supreme C'onrtf of three ol the
directly In point, and fuffy sustain the
tionslity
B till- January. 1888J
atlon of the contract,
fore or after
what day!
ber of day
et at the time
i day is he cn-
e law Hit any Uell-
yment shall be made alter the
broken by' Hie'parliea-f lf so,
tid to tic tlfc'shorteSt num-
ich collection can be Blade
ken contract,' under tbe remedial tews
fiftliC'&tate Iff dxlsfcncc, whin the contract is
made, it IS' nt ohcd'claimed" that these remedial
laws are part of the contract; which is expressly
f by; tlte ablest' Judges in this country,
f the argument n'little further. Wliat
Tills puts it
theparty at
„ lowing.’for cdiitinunuce. This oxliat—
s continuances ;except for .Providential cause
for which, says the Code, it may be “continued
iib justice inay require." After exbaust-
. cohtlnnaoccs; arid bavin - '
- or more for Provident
... pH I jafitag
suppose me Judge to be sick at the next form;
this operates n contiriiiaricefor six months more.
Then suppose at the next term tho nccunnllalion
of cases ori tlio docket is so great on account' of
the failure to hold a term that the case cannot be
readied, arid tried, within the time allowed by
law for the sitting of the'eourt. The casostands
Icontlnhed; TliCn suppose the case to lie brought
by bill of deception to this honorable court and
ted; nnd suppose'your honors should
selves of the benefit of the late change,
at six months to consider ot it, before you
coalratt from to InmflBitt, and that it ruaa i
Mas woUMfore Matter it te broken by dm u
form»ocr; Uiotih* remedy k not iaboiemial
coatra*t, «ad aetther cunaecta whii it nor
upon: IMIU HIs broken; that w thorit-
bava no right to pas any Jaw Impairing (to t
fonrioa of a coatrata, or relieving tbe pony*
“tbe duty of performing tbe legal -g—manta
they liave unlimited power* over tbe remedy, (
*wr, altar, modify or change it at pleasure,-
scribing tire times and modes of perfora
wilh the single restriction, that they shall
a substantive remedy, or shall not destror -
right by withholding all remedy. I have a
shown that they may destroy part of the remedy!
by abolishing imprisonment for debts then in ex-w
isfonco—which is, in many case*, the mast vate-9
•ble part to the creditor—and by exempting sochj
property os is regarded by the court* aetnally i
cem y tor (he family without impairing the ob-1
ligation of the Contract; and that they may, by 4
limitation tews^vrithout violating the Conmitn- ]
tion, destroy absolutely lioth tbe right nod theij
remedy, if suit is not brought within such time
as they may prescribe. Il tlie Legislature,
power to ssy that all remedy shall batienled for
the collection of a debt, if not sued within six
years, upon What principle docs the dis
tinction rest between this act and one which de
nies to- the party a rernedy for one year, or for
four yews, but allows him interest is the mean
time, and affords him an effective remedy after
that time; which is most to the detriment of the
creditor? Every practicing lawyer knows that
two dollars are lost, hy creditors under the limi
tation laws, and tews abolishing imprisonment
for debt, for every one lost by tbe operation of
the stay Jaws. If “tlie Legislature may shut the
courts against a party after a- given time, why
may it not close them untilagiven time? In tbe
first case, it denies all remedy after a time fixed
by ; it, and destroys tbe right; in lhc second case,
it withholds the remedy tiu a time fixed by it, ana
preserves the right If tlie first does not impair
tlie obligation of the contract, flow does tlie sec-
oud do it ? - A .-ffix, t .r'.-'iffijSagffi
But it may be said that the courts have always
held that Hie legislature may pass stotutesof lim
itation without impairing the obligation of con
tracts. Very true. Bat upon what reason has it
been held ?■ Tbe reply is that these are statutes ot
repose, and that payment, though it may not in
fact have been made, is conclusively presumed,
after tbe time fixed by the legislature. But if
Mymeat is riot in fact made, and the debt is still
ust, both the remedy and tlie right are destroyed
jy the limitation act of the legislature; and the
obligation of the contract is in tact impaired. . If
ills seidJhpt the public good requires that there
be statutes of tins kmd, laying down general
rules, and fixing periods after which litigation
shall cease, I admit it, but insist that such views
" expediency have nothing to do with the oon-
utioual question, whether a certain act docs or
docs, not impoirTthp obligation ; ol the contract.
But how long after a debt is due may it run be
fore it can.be barred by tlie act onimitation wilh-
jout impairing, the obligation of tlie contract?
The courts reply, this is to be left, to the sound
discretion of tho legislature. The. limitation acts
only upon the remedy, and bars any suit to en
force tlte contract, sifter such (hue as the legisla
ture may think proper to fix. It may boons
year, or K may be twenty. It a substantive rem-
' - Ib left, the legislature may fix any period it
ks best.. To tflis4MU’0t.the courts nil agree;
tliey ore right. Bat beyond.Ibis meuy of
law then allowed; by withholding yoriropln-
lcuglh ol time ? It amounts to
Ions lor that
without Imp
or rather wl
within wliich'it
ft HH|
effectual stay of execution' for that time, If the
decision Is lor the plaintiff '; nnd if the stay law
Urider consideration Is unconstitutional you can
not escape from It, that this law is also unconsti
tutional, arid that you violate the Constitution
When you take tho time, and cause the delay.—
Iris no reiily to siilr this cliange Is made by the
convention; Oris organic. Tho Federal Constl-
(ution docs not say So iegistnture shall impair the
obligation of contracts; hut po State shall do it.
Tho Convention can no more do It than the leg-
Islafttre leati, without a violation 6f the Constitu-
(Ion ofthe United States. When then, I again
Isk, IS thitt precise definite period of time fixed
bylaw for the collection of money upon a bro
ken contract, beyond-which It cannot bo delayed
—'mpairiiig the obligation of the contract?
tvlint is the precise period fixed by tew
Idch'tt Wm give the creditor compensa
tion for the injury he has suffered hy the debtors
failure to meet h» engagement at the time agreed
upon? Will the learned counsel on tKb other
side liavo tife kindness to designate the day to
your honors, Or can you fix tho day ? Probably
we cannot be more accurate than to say it shall
Iks paid on the earliest day When under the tews
acting upon''remedies, which have or may be
passed hy the legislature it can be collected un
der tfle rules and practice of tho courts. Whffo
tills period Is sufficiently indefinite It Is not sus
ceptible of being made more definite. Tho codo
now allows either party on tfle appeal upon suffi
cient allowing two continuances, without Provi-
dotttial cause; suppose the next legislature should
restrict it to one, or extend it to three, would this
inqinir tlio obligation of the Contract? The Idea
then of fixing a particular day for tho collection
of money upon a broken contract, and ot so ty
ing the hands of the legislature that It cannot
vary or modify its remedial laws, so as to retard
or accelerate tho collection is simply absurd,
istice Dixon, delivering tlio onluion ot If tho remedial law ls so!changed as to retard
page 683, says, “If. from sudden and' (lie collection, legal compensation Is paid to the
for reverses nr misfortunes, or any* plaintiff. While his right to sue or to lovy Is
.. — a ' ” ■ suspended, no statute of limitations runs against
him; rirnl tho law gives him interest on his mo-
uoy, which Is'tho compensation fixed by tew for
its use during tho time it is defidned by tlio de
fendant. If it is said that ho might make more
than legal lutercst by speculation or otherwise,
I reply that he might make less; the law gives
him its full legal value; therefore, In contempla
tion of law, pels not injured..
Again: The act of the Legislature docs not
Impair the obligation ofthe contract because un
der It tlie payment Is not made ut tlie time men
tioned lii ltie contract; for time Is not generally
of lira <•sKiier of tho contract, nnd no creditor
ovcr'gpts his monoy by suit, at the time agreed
upon by' thu parties. The suit is brought because
of Georgia. Is. that jn coni
of, or lu rebition to real e
UtKHjl . pilffi, ■
It was not paid ut Hie time agreed upon. Upon
this point of tithe,'I desire to call your attention
to some authority;
Tho general itoctriiie, says the Supreriie Court
■Mtarota^B|kMiBMrtraou. for tlie purchase[
'estate, time is not of tbe
esienceot the contract. The sumo rule, wo tliluk,
nwy be considered particularly in this couutry,
ns applicable to contracts or agreements tor tlie
purchase of personal property: 3 Kelly, 99.
Time is not generally deemed iu. equity to bo
of the essence ot the contract, uultris tho parties
have expressly so treated it, or.il uocessarUy fol
lows Irotu the nature uud eircumstaueos of tho
contract.. Story’s Equity Jurisprudence, see.
776.' 'HR-Wi
When thno lsnot made of tho essence of the
contract by tlio contract itself, although a day of
performance Is named, of courae iteilher jiarty
can strictly make it so utter the contract. 1 Sug-
dflu on Vetulora,ivqra360,7th edition; 14 Fetors,
172,
Iu equity, time may l>o diqaiused with if It be
riot of tue essence of the eoulnict. 5 Crancb, 262.
Willi what propriety uiu it bo sold, then, dial
nil act ofthe liogislature, changing or modifying
the remedy, which shortens or icogtlicas the
time within which u ivinwly will lie atl’orded, to
com|H.d pcrforitmnee of a liroken contract, im*
palls its obligation; when lime, as is the case with
a large class of contract*, never was oflts essence t
1 am aware that it has lieun contended that the
power ofthe la-glulnlmv over Ihe remedy Is side
Jih i to two qualification-. 1st. The intention
must la-foii-i jule to change |>eriimiiemly and to
Improro the system. 2d. This must always ho
done, if pomiulc, so ns not to atil-ct Injarleiuly
antecedent right*. Now with alt due dltferencu,
I tulxnlt Hint those nltempteil restriellons tqion
the (lower of the SlaU-s over the ivtiu dy have no
foutidnlioii In reason, mid no supiairt iii tlie hui-
or spirit of tho Uoustiluihm. Ho State
P**i »U£ law Impalriw* the obligation of
contracts What doe* the intention of the Leg
islature have to do with this ? Suppose K should
SET.
ligation ofthe contract, limit tbe right to sue
within one year, or extend it to twenty years, and
destroy the right, if the suit is not brought within
the time prescribed; why may it not reverse the
order of time, nud say that suit shall not be
ight till ofter : one, year, suspending tbe run-
[of the statute.of limitations in the mean
and allowing the creditor interest? li the
.oea not impair the obligation of the con-
how is it impaired by the other ? It cannot
replied that, tho creditor liasa right under bis
contract (repayment within tlte year, for I have
already shown that after tho contract has been
broken, by a failure of tlie debtor to pay at the
time agreed upon by tire parties; tlie law fixes
no other time when payment shall.be made; but
leaves thu. creditor to collect When lie can, under
the remedial tews of the forum where he sues;
which remedial laws are no part ot the contract
Take another example. A contract is mado
in Georgia between a citizen of this State and a
citizen of New York, involving an amount of in
debtedness over five hundred dollars. The New
York creditor may sue either in the courts of
the State of in the United States Court. In the
first case he cannot get judgment till tlie second
term; in the test case he is entitled tojudgment
at, tho flrst term unless an issuable plea is filed.
Here are two laws each affording a remedy in
the same State for tho collection of the same
debt. Now iCcithcr tlie tew oi tlie plaq* or the
remedy provided by tew, is part of Ihe contract,
of its obligation, will the learned conuscl on
tfle other side be so kind as to inform the court
which of tho two laws, or which ofthe two reme
dies is part of this contract, or ofits obligation.
Is the State tew which gives judgment six
months later, or the United States law which al
lows it six months sooner? It cannot be both.
The truth is, it is neither. But each government
has the right to fix the’ times within which it wilt
ullow collections to bo made in its own courts,
in accordance with its own viewsof sound policy,
or humanity, and to vary, alter or modify them
at pleasure, being careful only to preserve a sub
stantive remrely.
Take still another case, suppose a contract to
pay money ou the happening of a future event;
and suppose before the event happens the tew
then in existence affecting the whole promise of
such contracts should lie repealed, and a new
tew substituted in its place before the .money is
due; which tew w$s applicable to the contract,
null part of it, the one in existence before the
contingency happened, when tlie contract was
made, ortho one in existence after it happened.
Again, suppose the late State Convention had
mado It part oi the Constitution ot Georgia, that
Uio Supertor Courts should meet but once a year,
instead or once iu six mouths as heretofore; and
that no Sheriff should bo ruled tor mouey except
in term time. This would have staid the collec
tion of judgments then In exislcuco, for six
months longer than the time fixed by tew, when
they were obtained. Would this have impaired
tho obllgutiou ot the contract? And could die
creditor nave required the courts to set at tlie
usual tlmo to enable him to collect his money
under the tews of force when he mado the con
tract ?
Take still auolher case; Suppose a contract
made iu Georgia for the payment of money, on
a day fixed in thturc, arid suppose before tho pay-
meut tlie debtor should remove to Spain, and tlie
creditor should follow him and sue m the Span
ish Courts, could he claim that the remedy be
afforded iu accordance with the tews ot Georgia?
Clearly not. The Spanish Court would look to
tlio for loti, or the tew of Georgia, in determining
upon the const ruction, validity, or obligation, of
Uic coutraet, but it would aflordtho remedy lit
accordance with its own laws. Tbe Spanish law
would control tbe proceedings in tlie court, tlie
time when judgmeut should be rendered, the lieu
utent, wheu and how property might
latisfy it, or what stay of execution, if
any, should be allowed, Ac.
Trike still another case. I( is now tho tew of
tills State, aud has been formally years, that the
defendant in judgment may stay execution sixty
day*, by giving bond and security within lour
days alter the adjournment of tlie court Now
tuppose die next Legislature should extend this
jt> stxiy-five days, or reduce it fotitty-tive, would
It impair thu obligation of the contract ? If the
tew of the remedy, at the lime the contract is
made, is port of it, it certainly would, if a change
single day is made. But it may be said it
of a t
would be impaired so little it would nuke no dif
ference. The Constitution knows nothing of de
gree* on this subject. If tlie net impairs It in (lie
slightest degree it is unconstitutional.
Again a law of thu Statu has long rvmaiucd
upon the statute book, tiist no suit shaft be
brought against an executor, or administrator on
a debt of the deceased, for one year after his
qualification. And Ihe law now is', that wh«u an
attachment is sued out against either, final Judg
ment shall not be signed up against him, till two
year* alter the dole of hU
two
are
day tews which have loom uniformly sustained
the ptofesshut, aud
by the people, the teeblature, Ui
the judiciary, horn the time ol
to the present day.
their enactment,