home bldg loan blaisdell argued decided january appeal state minnesota home bldg loan blaisdell karl covell alfred bowen minneapolis minn appellant harry peterson wm ervin paul appellees chief justice hughes delivered opinion appellant contests validity chapter laws minnesota approved april called minnesota mortgage moratorium law repugnant contract clause article due process equal protection clauses fourteenth amendment federal constitution statute sustained minnesota case comes appeal act provides emergency declared exist relief may authorized judicial proceedings respect foreclosures mortgages execution sales real estate sales may postponed periods redemption may extended act apply mortgages subsequently made made previously shall extended period ending year passage act part separate provisions part relating homesteads apply cases entitled relief valid provision part one act remain effect continuance emergency event beyond may extension period redemption postponement sale allowed effect extending period redemption beyond date part act declares various provisions relief severable stand footing respect validity part concerned provisions part authorizing district county extend period redemption foreclosure sales additional time may deem equitable subject limitation extension made upon application notice order determining reasonable value income property involved sale income reasonable rental value property directing mortgagor pay reasonable part income rental value toward payment taxes insurance interest mortgage indebtedness times manner shall determined section also provides time demption foreclosure sales theretofore made otherwise expire less thirty days approval act shall extended date thirty days approval application may made within time extension provided section another provision act action prior may may maintained deficiency judgment period redemption allowed existing law extended provisions act expired prior expiration extended period redemption may revise alter terms extension changed circumstances may require part invoking relevant provision statute appellees applied district hennepin county order extending period redemption foreclosure sale petition stated owned lot minneapolis mortgaged appellant mortgage contained valid power sale advertisement reason default mortgage foreclosed sold appellant may appellant holder sheriff certificate sale economic depression appellees unable obtain new loan redeem unless period redemption extended property irretrievably lost reasonable value property greatly exceeded amount due mortgage including liens costs expenses hearing appellant objected introduction evidence upon ground statute invalid federal state constitutions moved petition dismissed motion granted motion new trial denied appeal state reversed decision district evidence taken trial appellant renewed constitutional objections without avail made findings fact setting forth mortgage made appellees august power sale contained mortgage default foreclosure advertisement sale appellant may found time redeem expire may laws state effect mortgage made foreclosed reasonable value income property reasonable rental value month bid made appellant foreclosure sale purchase price full amount mortgage indebtedness deficiency sale reasonable present market value premises total amount purchase price taxes insurance premiums subsequently paid appellant exclusive interest date sale also found property situated closely portions minneapolis improved garage together building two stories height divided fourteen rooms appellees husband wife occupied premises homestead occupying three rooms offering remaining rooms rental others entered judgment extending period redemption may subject condition appellees pay appellant month extended period may months august september october payments two installments thereafter month amounts go payment taxes insurance interest mortgage indebtedness judgment sustained state authority former opinion review state upheld statute emergency measure although conceding obligations mortgage contract impaired decided thus described impairment notwithstanding contract cause federal constitution within police power state power called exercise public economic emergency legislature found exist attention thus directed preamble first section statute described existing emergency terms deemed justify temporary relief statute affords state declaring say legislative finding without basis supplemented finding statement conditions took judicial notice said addition weight given determination legislature economic emergency exists demands relief must take notice considerations members legislature come every community state walks life familiar conditions generally every calling occupation profession business state courts must guided common knowledge common knowledge last years land values shrunk enormously loans made years ago upon basis going values possibly replaced basis present values know law enacted large financial companies made business invest mortgages ceased bank directly indirectly loan real estate mortgages life insurance companies large investors mortgages even declared moratorium loan provisions policy contracts president closed banks temporarily gress addition many extraordinary measures looking relief economic emergency passed act supply funds whereby mortgagors may able within reasonable time refinance mortgages redeem sales redemption expired knowledge well hold legislature basis fact conclusion economic emergency existed called exercise police power grant relief justice olsen state concurring opinion added following present nation wide world wide business financial crisis results caused flood earthquake disturbance nature deprived millions persons nation employment means earning living families destroyed value income property thousands people depended living actually resulted loss homes number people threatens result loss homes many people state resulted widespread want suffering among people private state municipal agencies unable adequately relieve want suffering congress found necessary step attempt remedy situation federal aid millions people money yet tied closed banks business enterprises approach questions thus presented upon assumption made required law state mortgage contained valid power sale exercised case default power validly exercised law applicable period redemption sale one year extended judgment opposition period thus extended unless order extension modified unable obtain possession obtain convey title fee able statute enacted statute impair integrity mortgage indebtedness obligation interest remains statute affect validity sale right purchaser title fee right obtain deficiency judgment mortgagor fails redeem within prescribed period aside extension time conditions redemption unaltered mortgagor remains possession must pay rental value value determined upon notice hearing rental value paid devoted carrying property application required payments taxes insurance interest mortgage indebtedness debarred actual possession far rental value concerned equivalent possession extended period determining whether provision temporary conditional relief exceeds power state reason clause federal constitution prohibiting impairment obligations contracts must consider relation emergency constitutional power historical setting contract clause development jurisprudence construction clause principles construction may consider established emergency create power emergency increase granted power remove diminish restrictions imposed upon power granted reserved constitution adopted period grave emergency grants power federal government limitations power determined light emergency altered emergency power thus granted limitations thus imposed questions always always subject close examination constitutional system emergency create power emergency may furnish occasion exercise power emergency may call life power never lived nevertheless emergency may afford reason exertion living power already enjoyed wilson new constitutional question presented light emergency whether power possessed embraces particular exercise response particular conditions thus war power federal government created emergency war power given meet emergency power wage war sucessfully thus permits harnessing entire energies people effort preserve nation even war power remove constitutional limitations safeguarding essential liberties provisions constitution grant restriction specific particularized admit construction question presented thus emergency permit state two senators congress permit election president general popular vote without regard number electors respectively entitled permit money anything gold silver coin tender payment debts constitutional grants limitations power set forth general clauses afford broad outline process construction essential fill details true contract clause necessity construction obviated fact contract clause associated section specific prohibitions even grouping subjects clause may require application subjects regardless differences nature see groves slaughter pet atlantic cleaners dyers construction contract clause debates constitutional convention little aid reasons led adoption clause prohibitions section article left doubt frequently described eloquent emphasis widespread distress following revolutionary period plight debtors called forth ignoble array legislative schemes defeat creditors invasion contractual obligations legislative interferences numerous extreme confidence essential prosperous trade undermined utter destruction credit threatened sober people america convinced reform needed general prudence industry give regular course business society federalist necessary interpose restraining power central authority order secure foundations even faith occasion general purpose contract clause summed terse statement chief justice marshall ogden saunders wheat power changing relative situation debtor creditor interfering contracts power comes home every man touches interest controls conduct every individual things supposes proper exclusive management used excess state legislatures break upon ordinary intercourse society destroy confidence man man mischief become great alarming impair commercial intercourse threaten existence credit sap morals people destory sanctity private faith guard continuance evil object deep interest truly wise well virtuous great community one important benefits expected reform government full recognition occasion general purpose clause suffice fix precise scope examination details prior legislation yield criteria considered controlling ascertain scope constitutional prohibition examine course judicial decisions application put beyond question prohibition absolute read literal exactness like mathematical formula justice johnson ogden saunders supra page adverted misdirected effort words appears great part difficulties cause arise giving sufficient weight general intent clause constitution subjecting severe literal construction better adapted special pleadings giving view purport clause shall pass law attaching acts individuals effects consequences attached laws existing date contracts thus construed shall enforced according reasonable purport justice johnson added assign contracts universally literal purport exact rigid literal fulfilment intent constitution repelled hundred examples societies exercise positive control well inception construction fulfilment contracts form measure remedy enforce inescapable problems construction contract obligations contracts constitutes impairment obligations residuum power still relation operation contracts protect vital interests community questions character small nicety intricacy vexed legislative halls well judicial tribunals uncounted variety frequency litigation speculation story constitution obligation contract law binds parties perform agreement sturges crowninshield wheat story op said laws subsist time place making contract performed enter form part expressly referred incorporated terms principle embraces alike affect validity construction discharge enforcement nothing material obligation means enforcement ideas validity remedy inseparable parts obligation guaranteed constitution invasion von hoffman city quincy wall see also walker whitehead wall broad language taken without qualification chief justice marshall pointed distinction obligation remedy sturges crowninshield supra wheat said distinction obligation contract remedy given legislature enforce obligation taken bar exists nature things without impairing obligation contract remedy may certainly modified wisdom nation shall direct von hoffman city quincy supra wall general statement quoted limited observation competent change form remedy modify otherwise may see fit provided substantial right secured contract thereby impaired attempt made fix definitely line alterations remedy deemed legitimate form modifying remedy impair substantial rights every case must determined upon circumstances chief justice waite quoting language antoni greenhow added cases question becomes therefore one reasonableness legislature primarily judge obligations contract impaired law renders invalid releases extinguishes sturges crowninshield supra wheat impairment noted predicated laws without destroying contracts derogate substantial contractual rights sturges crowninshield supra state insolvent law discharged debtor liability held invalid applied contracts existence law passed see ogden saunders supra green biddle wheat legislative acts successfully assailed exempted occupant land payment rents profits rightful owner system object compel rightful owner relinquish lands pay lasting improvements made upon without consent default bronson kinzie state legislation enacted relief debtors view seriously depressed condition business following panic provided equitable estate mortgagor guished twelve months sale foreclosure prevented sale unless appraised value property bid therefor held violate constitutional provision observed bronson case aside requirement amount bid sale extension period redemption unconditional provision instant case secure mortgagee rental value property extended period mccracken hayward gantly lessee ewing howard bugbee followed decision bronson kinzie mccracken condemning statute provided execution sale made property unless bring value according opinion three householders gantly lessee condemning statute required sale less half appraised value howard making similar ruling unconditional extension two years redemption foreclosure sale planter bank sharp state law found invalid prevented bank transferring notes bills receivable duly authorized acquire von hoffman city quincy supra statute restricted power taxation previously given provide payment municipal bonds set aside louisiana ex rel nelson police jury martin parish seibert lewis similar cases walker whitehead wall statute held repugnant contract clause enacted provided suits pending debt contract made june plaintiff verdict unless appeared taxes chargeable law duly paid year since contract made cases indebtedness described class defendant might offset losses suffered consequence late war either destruction depreciation property see daniels tearney gunn barry wall edwards kearzey statutes applicable prior contracts condemned increases amount property judgment debtors exempted levy sale execution penniman case decided statute abolishing imprisonment debt within meaning constitution impair obligation contracts previously made said general doctrine subject may thus stated modes proceeding forms enforce contract legislature control may enlarge limit alter provided deny remedy embarrass conditions restrictions seriously impair value right barnitz beverly held statute authorized redemption property sold foreclosure right redemption previously existed extended period redemption beyond time formerly allowed constitutionally apply sale mortgage executed passage ruling effect bronson kinzie supra howard bugbee supra barnitz case statute contained provision prevention waste authorized appointment receiver premises sold otherwise extension period redemption unconditional case receiver appointed income period allowed redemption except necessary repairs prevent waste still go mortgagor none cases cited upon appellant chiefly relies directly applicable question us view conditions minnesota statute seeks safeguard interests extended period broad expressions contained opinions went beyond requirements decision controlling cohens virginia wheat constitutional provision qualified measure control state retains remedial state also continues possess authority safeguard vital interests people matter legislation appropriate end result modifying abrogating contracts already effect stephenson binford existing laws read contracts order fix obligations parties reservation essential attributes sovereign power also read contracts postulate legal order policy protecting contracts impairment presupposes maintenance government virtue contractual relations worth government retains adequate authority secure peace good order society principle harmonizing constitutional prohibition necessary residuum state power progressive recognition decisions charters private corporations constitute contracts grant exclusive privilege implied state charles river bridge warren bridge pet contracts subject right eminent domain west river bridge dix reservation necessary authority state deemed part contract case last cited answered forcible challenge state power following statement controlling principle statement reiterated speaking justice brewer nearly fifty years later long island water supply brooklyn contracts whether made individuals individuals enter conditions arise eral terms contract superinduced existing higher authority laws nature nations community parties belong always presumed must presumed known recognized binding upon need never therefore carried express stipulation add nothing force every contract made subordination must yield control conditions inherent paramount wherever necessity execution shall occur legislature away public health public morals thus constitutional provision impairment contracts held violated amendment state constitution put end lottery theretofore authorized legislature stone mississippi see also douglas kentucky compare new orleans houston lottery valid enterprise established express state authority legislature public interest put stop similar rule applied control state sale intoxicating liquors boston beer company massachusetts see mugler kansas retain adequate power protect public health maintenance nuisances despite insistence upon existing contracts northwestern fertilizing company hyde park butchers union company crescent city company legislation protect public safety comes within category reserved power chicago nebraska texas miller atlantic coast line goldsboro principle recent noteworthy application regulation use public highways common carriers carriers assertion interference existing contract rights without avail sproles binford stephenson binford supra economic interests state may justify exercise continuing dominant protective power notwithstanding interference contracts manigault springs riparian owners south carolina made contract clear passage creek removal existing obstructions later legislature state virtue broad authority make public improvements order increase taxable value lowlands drained authorized construction dam across creek sustained statute upon ground private interests subservicent public right said id page settled law interdiction statutes impairing obligation contracts prevent state exercising powers vested promotion common weal necessary general good public though contracts previously entered individuals may thereby affected power various ramifications known police power exercise sovereign right government protect lives health morals comfort general welfare people paramount rights contracts individuals statute new jersey prohibiting transportation water state state sustained objection statute impaired obligation contracts made furnishing water persons without state said justice holmes hudson county water mccarter page whose rights subject state restriction remove power state ing contract contract carry infirmity general authority legislature regulate thus modify rates charged public service corporations affords another illustration stone farmers loan trust company union dry goods georgia public service corporation statute fixing reasonable rates charged corporation supplying electricity inhabitants city superseded lower rates agreed upon contract previously made definite term company consumer validity statute sustained effect producers transportation railroad commission sutter butte canal railroad commission similarly protective power state exercised manner otherwise appropriate regulation business objection performance existing contracts may frustrated prohibition injurious practices rast van deman lewis ann cas see also louis poster advertising louis argument pressed cases cited obligation contracts affected incidentally argument proceeds upon misconception question whether legislative action affects contracts incidentally directly indirectly whether legislation addressed legitimate end measures taken reasonable appropriate end another argument comes closely point state power may addressed directly prevention enforcement contracts sort legislature discretion may denounce hostile public morals public health safety welfare prohibition merely injurious practices interference enforcement valid contracts according appropriate legal procedure although interference temporary public purpose permissible contend latter case end legitimate view reconciled fair interpretation constitutional provision undoubtedly whatever reserved state power must consistent fair intent constitutional limitation power reserved power construed destroy limitation limitation construed destroy reserved power essential aspects must construed harmony principle precludes construction permit state adopt policy repudiation debts destruction contracts denial means enforce follow conditions may arise temporary restraint enforcement may consistent spirit purpose constitutional provision thus found within range reserved power state protect vital interests community maintained constitutional prohibition construed prevent limited temporary interpositions respect enforcement contracts made necessary great public calamity fire flood earthquake see american land zeiss reservation state power appropriate extraordinary conditions may deemed much part contracts reservation state power protect public interest situations referred state power exists give temporary relief enforcement contracts presence disasters due physical causes fire flood earthquake power said nonexistent urgent public need demanding relief produced economic causes whatever doubt may protective power state police power may violating true intent provision federal directly preventing immediate literal enforcement contractual obligations temporary conditional restraint vital public interests otherwise suffer removed decisions relating enforcement provisions leases period scarcity housing block hirsh marcus brown holding feldman edgar levy leasing siegel case block hirsh supra arose district columbia involved due process clause fifth amendment cases marcus brown company levy leasing company arose legislation new york constitutional provision impairment obligation contracts invoked statutes new declaring public emergency existed directly interfered enforcement covenants surrender possession premises expiration leases within city new york contiguous counties owners dwellings including apartment tenement houses excepting buildings construction september lodging houses transients larger hotels wholly deprived november possessory remedies purpose removing premises tenants occupants possession laws took effect save certain specified instances providing tenants occupants ready able willing pay reasonable rent price use occupation people la fetra levy leasing siegel case marcus brown company facts thus stated district tenant defendants herein law older state new york became landlord option trespassers october plaintiff found made contract tenant liked better done statutes enacted plaintiff defendants elected remain possession forbidden carry bargain tenant chose obligation covenant peaceable surrender defendants impaired next two years feldman et al may like remain plaintiff apartment provided make good month month allegation answer pay competent jurisdiction regards fair reasonable compensation enforced use occupancy answering contention legislation thus applied contravened constitutional prohibition referring opinion block hirsh supra said present case emphasis laid upon impairment obligation contract lessees surrender possession new lease gone effect upon october last year contracts made subject exercise power state otherwise justified held page decision followed case levy leasing company supra cases leases observed relief afforded temporary conditional sustained emergency due scarcity housing provision made reasonable compensation landlord period prevented regaining possession also decided declaration legislature existence emergency entitled great respect conclusive law upon existence emergency certain state facts uphold may cease operate emergency ceases facts change even though valid passed always open judicial inquiry whether exigency still exists upon continued operation law depends chastleton corporation sinclair manifest review decisions growing appreciation public needs necessity finding ground rational compromise individual rights public welfare settlement consequent contraction public demain pressure constantly increasing density population interrelation activities people complexity economic interests inevitably led increased use organization society order protect bases individual opportunity earlier days thought concerns individuals classes involved state touched remotely later found fundamental interests state directly affected question longer merely one party contract another use reasonable means safeguard economic structure upon good depends answer say public need apprehended century ago insist provision constitution meant vision day must mean vision time statement constitution meant time adoption means intended say great clauses constitution must confined interpretation framers conditions outlook time placed upon statement carries refutation guard narrow conception chief justice marshall uttered memorable warning must never forget constitution expounding mcculloch maryland wheat constitution intended endure ages come consequently adapted various crises human affairs id page wheat dealing words constitution said missouri holland must realize called life development foreseen completely gifted begetters case us must considered light whole experience merely said hundred years ago helpful attempt draw fine distinction intended meaning words constitution intended application consider contract clause decisions expounded harmony essential reserved power protect security peoples find warrant conclusion clause warped decisions proper significance founders government interpreted clause differently occasion assume responsibility conditions later day vast body law developed unknown fathers believed preserved essential content spirit constitution growing recognition public needs relation individual right public security sought prevent perversion clause use instrument throttle capacity protect fundamental interests development growth seeds fathers planted development forecast prophetic words justice johnson ogden saunders already quoted germs later decisions found early cases charles river bridge west river bridge supra upheld public right strong insistence upon contract clause principle development seen reservation reasonable exercise protective power state read contracts greater reason efusing apply principle minnesota mortgages new york leases applying criteria established decisions conclude emergency existed minnesota furnished proper occasion exercise reserved power state protect vital interests community declarations existence emergency legislature minnesota regarded subterfuge lacking adequate basis block hirsh supra finding legislature state support facts take judicial notice atchison rwy futile attempt make comparative estimate seriousness emergency shown leasing cases new york emergency disclosed particular facts differ minnesota conditions urgently demanding relief power existed give beyond cavil minnesota said economic emergency threatened loss homes lands furnish possession necessary shelter means subsistence cause enactment statute legislation addressed legitimate end legislation mere advantage particular individuals protection basic interest society view nature contracts unquestionable relief afforded justified emergency order contravene constitutional provision character appropriate emergency granted upon reasonable conditions conditions upon period redemption extended appear unreasonable initial extension time redemption thirty days approval act obviously give reasonable opportunity authorized application already noted integrity mortgage indebtedness impaired interest continues run validity sale right title obtain deficiency judgment mortgagor fails redeem within extended period maintained conditions redemption redemption stand prior law mortgagor extended period ousted possession must pay rental value premises ascertained judicial proceedings amount applied carrying property interest upon indebtedness time obtain possession thus left without compensation withholding possession also important fact mortgagees shown official reports may take notice predominantly corporations insurance companies banks investment mortgage companies individual mortgagees small investors seeking homes opportunity engage farming chief concern reasonable protection investment security matter may individual cases another aspect legislature entitled deal general typical situation relief afforded statute regard interest mortgagees well interest mortgagors legislation seeks prevent impending ruin considerate measure relief absence legislation courts equity exercised jurisdiction suits foreclosure mortgages fix time terms sale refuse confirm sales upon equitable grounds found unfair inadequacy price gross shock conscience redemption creature equity courts equity alter legal effect forfeiture estate common law breach condition succeeded operating conscience mortgagee maintaining unreasonable retain benefit intended mere security breach condition nature penalty relieved mortgagor equity redeem payment principal interest costs notwithstanding forfeiture law principle equity victorious strong opposition judges thought growth equity equity heart common law eaten equitable principle became firmly established application frustrated even engagement debtor entered time mortgage courts applying equitable maxim mortgage always mortgage nothing mortgage although courts authority alter statutory period redemption legislation question permits courts extend period within limits upon equitable terms thus providing procedure relief cognate historic exercise equitable jurisdiction determined must contract clause absolute utterly unqualified restriction state protective power legislation clearly reasonable within legislative competency legislation temporary operation limited exigency called forth postponement period redemption foreclosure sale may period may reduced order statute case change circumstances operation statute validly outlast emergency extended virtually destroy contracts opinion minnesota statute applied violate contract clause federal constitution whether legislation wise unwise matter policy question concerned said point also applicable contention presented due process clause block hirsh supra think statute denies appellant equal protection laws classification statute makes said arbitrary one magoun illinois trust savings bank clark tutusville quong wing kirkendall ohio oil conway sproles binford judgment minnesota affirmed judgment affirmed justice sutherland dissenting questions greater moment decided submitted judicial inquiry generation simply closes eyes necessary implications decision fails see potentiality future gradual encroachments upon sanctity private public contracts effect minnesota legislation though serious enough trivial significance compared far serious dangerous inroads upon limitations constitution almost certain ensue consequence naturally following step beyond boundaries fixed instrument us thus apprehensive effect decision matter important neglectful duty fail spread upon permanent records reasons move us opposite view provision constitution hardly necessary say admit two distinctly opposite pretations mean one thing one time entirely different thing another time contract impairment clause framed adopted meant terms contract payment money altered invitum state statute enacted relief hardly pressed debtors end effect postponing payment enforcement economic financial emergency state obvious say means view rational application written word necessary stability constitutional principles though time time challenged never unless recently put within realm doubt decisions true rule forcefully declared ex parte milligan wall face circumstances national peril public unrest disturbance far greater exist great case said provisions constitution consideration expressed ancestors plain english words seem ingenuity man evade lapse seventy years sought avoided great good men said troublous times arise rules people become restive restraint seek sharp decisive measures accomplish ends deemed proper principles constitutional liberty peril unless established irrepealable law history world taught done past might attempted future words power truth become increasingly evident lapse time laid rule without constitution cease law land binding equally upon governments governed times circumstances become mere collection political maxims adhered disregarded according prevailing sentiment legislative judicial opinion respect supposed necessities hour constitution law rulers people equally war peace covers shield protection classes men times circumstances doctrine involving pernicious consequences ever invented wit man provisions suspended great exigencies government doctrine leads directly anarchy despotism chief justice taney dred scott sandford said constitution remains unaltered must construed understood time adoption words meaning long continues exist present form speaks words meaning intent spoke came hands framers voted adopted people rule construction abrogate judicial character make mere reflex popular opinion passion day south carolina opinion justice brewer quoted words approval said constitution written instrument meaning alter meant adopted means things within grants power grants understood made still within things within remain still excluded words judge campbell speaking michigan people ex rel twitchell blodgett peculiarly apposite may easily happen said specific provisions may unforeseen emergencies turn inexpedient make provisions less binding constitutions changed events alone remain binding acts people sovereign capacity framers government amended abrogated action prescribed authority created completent department government change constitution declare changed simply appears ill adapted new state things restrictions true found likely grants unsuited unforeseen circumstances evils arise application regulations force denied evaded remedy consists repeal amendment false constructions provisions federal constitution undoubtedly pliable sense appropriate cases capacity bringing within grasp every new condition falls within meaning meaning changeless application extensible see south carolina supra pages constitutional grants power restrictions upon exercise power flexible doctrines common law flexible doctrines upon principles common law modify abrogate whenever whenever become plainly unsuited different changed conditions funk decided december distinction clearly pointed judge cooley constitutional limitations ed principal share benefit expected written constitutions lost rules established flexible bend circumstances modified public opinion special reference varying moods public opinion view putting fundamentals government beyond control instruments framed steady imperceptible change rules inheres principles common law beneficent maxims common law guard person property grown expanded mean vastly us ancestors minute particular pervading protections may confidently look forward future still modifications direction improvement public sentiment action effect changes courts recognize legislature allow change public sentiment influence giving written constitution construction warranted intention founders justly chargeable reckless disregard official oath public duty course become precedent instruments little avail therefore declare law written leaving people make changes new circumstances may require meaning constitution fixed adopted different subsequent time occasion pass upon whole aim construction applied provision constitution discover meaning ascertain give effect intent framers people adopted lake county rollins necessities gave rise provision controversies preceded well conflicts opinion settled adoption matters considered enable us arrive correct result knowlton moore history times state things existing provision framed adopted looked order ascertain mischief remedy rhode island massachusetts pet craig missouri pet nearly possible place condition framed adopted bain meaning doubtful doubt resolved wherever reasonably possible way forward evident purpose provision adopted maxwell dow jarrolt moberly application principles question review removes doubt otherwise contract impairment clause denies several power mitigate hard consequences resulting debtors financial economic exigencies impairment obligation contracts indebtedness candid consideration history circumstances led accompanied framing adoption clause demonstrate conclusively framed adopted specific studied purpose preventing legislation designed relieve debtors especially time financial distress deed probable purpose definitely minds composed framers convention ratifying state conventions followed although restriction given wider application upon principles clearly stated chief justice marshall dartmouth college case wheat following revolution prior adoption constitution american people found greatly impoverished condition commerce annihilated without luxuries great degree destitute ordinary comforts necessities life circumstances incurred indebtedness purchase imported goods otherwise far beyond capacity pay situation arose divided sentiment one hand exact observance public private engagements insistently urged violation faith nation pledges private individual insisted equally forbidden principles moral justice sound policy individual distress urged alleviated industry frugality relaxation law sacrifice rights others indiscretion imprudence relieved legislation restrained conviction full compliance contracts exacted hand insisted case debtor viewed tenderness efforts constantly directed toward relieving exact compliance contract result latter view state laws passed suspending collection debts remitting suspending collection taxes providing emission paper money delaying legal proceedings etc followed must always follow course long trail ills one direct consequences loss confidence government good faith people bonds men whose ability pay debts unquestionable negotiated except discount per cent real property sold ruinous loss debtors instead seeking meet obligations painful effort industry economy began rest hopes entirely upon legislative interference impossibility payment public private debts widely asserted instances threats made suspending administration justice violence circulation depreciated currency became common resentment lawyers courts freely manifested many instances course law arrested judges restrained proceeding execution duty popular tumultuous assemblages state things alarmed thoughtful men led seek effective remedy marshall life washington vol pp brief outline situation entirely accurate borne contemporaneous history well writers distinction later period compare edwards kearzey appended note might extended many pages addition similar quotations writers enough appears establish beyond tion extreme gravity emergency great difficulty frequent impossibility confronted debtors generally effort discharge obligations attempt meet situation recourse legislatures several confederation bodies passed among acts following laws providing emission bills credit making legal tender payment debts providing also payment delivery specific property fixed valuation installment laws authorizing payment overdue obligations future intervals time stay laws laws temporarily closing access courts laws discriminating british creditors selected vast number historical comments upon character effect legislative devices midst confused gloomy seriously exigent condition affairs constitutional convention met philadelphia defects articles confederation great beyond hope amendment convention acting technical excess authority proceeded frame submission people several entirely new constitution shortly prior meeting convention madison assailed bill pending virginia assembly proposing payment private debts three annual installments ground legislative principle vindicate interposition law private contracts bill lost single vote pelatiah webster likewise assailed similar laws altering value contracts william paterson new jersey insisted legislature leave parties law contracted plan government especially urged sherman ellsworth article proposing legislatures individual possess right emit bills credit manner obstruct impede recovery debts whereby interests foreigners citizens state may affected july congress new york acutely conscious evils engendered state laws interfering existing passed northwest territory ordinance contained clause preservation rights property understood declared law ever made force said territory shall manner whatever interfere affect private contracts engagements bona fide without fraud previously formed surprising therefore convention adopted clauses state shall bills credit thing gold silver coin tender payment debts king moved add interfere private contracts opposed gouverneur morris colonel mason colonel mason thought carrying restraint far cases happen foreseen kind interference essential august mason view prevail september following first clause article altered include provision state shall pass law impairing obligation contracts form adopted luther martin address maryland house delegates declared reasons voting provision said considered might times great public calamity distress der duty government measure interfere passing laws totally partially stopping courts justice authorizing debtor pay installments regulations found necessary prevent wealthy creditor moneyed man totally destroying poor though industrious debtor times may arrive apprehensive proposal took respective power give debtor citizens moment indulgence however necessary might however desirous grant aid hand sherman ellsworth defended provision letter governor connecticut course virginia debates randolph declared prohibition promotive virtue justice preventive injustice fraud pointed reputation people suffered frequent interferences state legislatures private contracts north carolina debates davie declared prohibition impairing obligation contracts restrictions supersede laws particular thought constitutional provisions founded strongest principles justice pinckney south carolina debates said considered section including clause question soul constitution teaching cultivate principles public honor private honesty sure road national character happiness provision strongly defended federalist hamilton madison madison concluded defense clause saying one legislative interference first link long chain repetitions every subsequent interference naturally produced effects preceding rightly infer therefore thorough reform wanting banish speculations public measures inspire general prudence industry give regular course business society contemporaneous history replete evidence sharp conflict opinion respect advisability adopting clause ramsay history vol pp already referred writing action south carolina especially referring contract impairment clause says constitution accepted ratified behalf state speaks act great power thus given one thought essential welfare freely exercised several preceding years relinquishment made period last five years passed less six acts interfering debtor creditor view obtaining respite former particular circumstances public distress tie hands future legislatures deprive power repeating similar acts emergency display wisdom magnanimity seem experience convinced state political errors induced willingness retrace steps relinquish power improperly used old case glaze drayton desaus decided south carolina chancery entered decree specific performance contract purchase land providing payment balance due tract instalments times mentioned acts assembly respecting recovery old debts reporting case soon adoption constitution chancellor de saussure added following explanatory illuminating note legislature consideration distressed state country war passed act preventing immediate recovery debts fixing certain periods payment debts far beyond periods fixed contract parties interferences private contracts became common state legislatures even distresses arising war ceased great degree produced distrust irritation throughout community extent new troubles apprehended nothing contributed prepare public mind giving portion state sovereignty adopting efficient national government abuses power state legislatures possible resort testimony history put question constitutional intent beyond domain uncertainty foregoing leaves reasonable ground upon base denial clause constitution consideration meant foreclose state action impairing obligation contracts primarily especially respect action aimed giving relief debtors time emergency proof required strengthen already inexpugnable proof found previous decisions many decisions necessary refer bear directly upon question namely bronson kinzie mccracken hayward gantly lessee ewing howard bugbee gunn barry wall walker whitehead wall edwards kearzey barnitz beverly bradley lightcap bronson kinzie decided january term case involved illinois statute extending period redemption period twelve months sale decree chancery another statute preventing sale unless amount property valued appraisers bid therefor held statutes invalid applied existing mortgage infringing contract impairment clause need said points decided opinion says nothing emergency clear statute passed purpose meeting panic depression began continued years thereafter light said evident question emergency basis legislation definitely involved must considered emergency quite serious country faced past three years indeed great one instance least state repudiated portion public debt others strongly tempted warren book history vol pp gives vivid picture situation referring bronson kinzie statute extending period redemption therein dealt points prevailing state business finance called statute existence bank failures state debt repudiations scarcity hard money inability pay debts except disposing property ruinous prices enactment statutes relief debtors stay laws postponing collection debts passed state state action striking state statute face conditions continues country owes much prosperity unflinching courage face attack maintained firm stand behalf high standards business morale requiring honest payment debts strict performance contracts rigid construction constitution end one glories judiciary decisions times met disfavor among debtor class however entirely natural ultimately always proved injurious class designed relieve increase financial distress fraud extortion temporarily debtors always believed laws salvation resented judicial decisions holding invalid consequently opinion bronson case aroused great antagonism western illinois mass meeting held resolved decision heeded later deference antagonism aroused decision made senator illinois james semple introduced senate joint resolution proposing constitutional amendment prohibit declaring void act congress state regulation ground contrary constitution mcmaster supra note vol pp effect mccracken hayward decided january term dealt illinois statute involved sale execution judgment whereas bronson kinzie involved mortgage decision simply followed bronson case said respect background setting case equally applicable need repeated gantly lessee ewing decided january term held unconstitutional applied mortgage act indiana providing real property sold execution less half appraised value statute like illinois enacted benefit debtors result emergency referred mcmaster supra one statute books times people passing left howard bugbee decided december term dealt alabama statute authorizing redemption mortgaged property two years sale decree statute declared unconstitutional principally upon authority bronson kinzie opinion short refer question emergency statute passed however mortgage executed prior thereto therefore one emergency statutes period alabama whose decision review treated justified statute upon ground worthy note decision bugbee case judge walker delivered opinion therein alabama filed dissenting opinion ex parte pollard ex parte woods course said former opinion overruled longer perceive ground upon convictions legislature welfare people enlarge authority interfere manipulation remedy obligation contracts basis legislation shown decision alabama sustaining existence great emergency beginning question since alabama decision reviewed quite plainly consideration walker whitehead decided december term held unconstitutional georgia statute requiring plaintiff suing debt contract prove condition precedent entry judgment favor legal taxes chargeable law thereon duly paid year since making debt contract georgia sustained act measure made necessary desperate financial economic conditions state due civil war making response somewhat fervid presentation view matter state simply said degree impairment immaterial impairment obligation contract within prohibition constitution clearer case law impairing obligation contract within meaning constitution hardly occur edwards kearzey decided october term held invalid applied preexisting debt provision north carolina constitution increasing exemptions debtor entitled north carolina series decisions sustained state constitutional provision principally upon ground garrett chesire adopted time debtor class owing old debts pay circumstances people left without exemptions policy christian civilization lost sight brief defendant error pp view strongly urged provision much benefit debtor state prevent evils almost universal pauperism attention called desperate condition people state following civil war said whole population paupers property except lands disappeared people enough afford burial proportion population land antewar debts piled mountain high submitted state rehabilitated bound allow creditor strip landowners means existence thereby add vast army impoverished right defer portion creditor claim prostrated community opportunity recoup losses response reviewed history adoption contract impairment clause held state constitutional provision invalid policy humanity said dangerous guides discussion legal proposition follows far apt bring back means error delusion prohibition contains qualification judicial authority interpolate italics added duty simply execute barnitz beverly decided may law kansas extended period redemption sale mortgage period eighteen months time mortgagor remain possession receive rents profits except necessary repairs act passed midst another panic severity still within memory members matter common knowledge effects panic extended every form industry bank failures unprecedented scale half railroads country hands receivers securities fell per often per former value commercial failures unemployment became general heavy inroads made upon public private resources caring hungry destitute great bodies idle toward washington feeding like locusts upon country passed conditions brought attention addition kansas relied upon justification legislation inquired state legislature time general depression indefinite estate impliedly reserved mortgagor federal courts equity particular cases beyond six months allowed general practice response reviewing former decisions held statute invalid applied sale mortgage executed bassage present exigency nothing new beginning existence nation periods depression industrial failure financial distress unpaid unpayable indebtedness alternated years plenty vital lesson expenditure beyond income begets poverty public private gance financed promises pay either must end complete partial repudiation promises fulfilled painful effort though constantly taught bitter experience seems never learned attempt legislative devices shift misfortune debtor shoulders creditor without coming conflict contract impairment clause persistent defense minnesota law made upon grounds discountenanced makers constitution many times rejected defense succeed constitutes effort overthrow constitutional provision appeal facts circumstances identical brought existence due regard processes logical thinking legitimately urged conditions produced rule may invoked destroy lower counsel appellees argument frankly admitted statute constitute material impairment contract contended legislation brought within state power present emergency understand opinion delivered wholly accord view opinion concedes emergency create power increase granted power remove diminish restrictions upon power granted reserved proceeds say however emergency create power may furnish occasion exercise power interpret said subject meaning emergency diminish restriction upon power furnishes occasion diminishing seems merely say thing use another set words effect affirming denied quite true emergency may supply occasion exercise power dependent upon nature power intent constitution respect thereto emergency war furnishes occasion exercise certain war powers constitution contemplates since exercised upon occasion existence another kind emergency authorizes protect union domestic violence const art dealing power granted federal constitution state police power exists right hence question whether emergency furnishes occasion exercise state power whether emergency furnishes occasion relaxation restrictions upon power imposed contract impairment clause difficulty contract impairment clause forbids state action circumstances effect impairing obligation contracts clause restricts every state power particular specified matter may occasion contemplate emergency shall furnish occasion softening restriction making less restriction upon state action contingency strictly normal conditions minnesota statute either impairs obligation contracts occasion relates becomes immaterial since passage statute exercise normal unrestricted state power requires special occasion render effective emergency furnishes proper occasion exercise emergency nonexistent form suggested distinction seems put us forward straight line reality simply carries us back circle like bewildered travelers lost wood point parted company view state said sound think come really vital question case minnesota statute constitute impairment obligation contract review answering question must first distinguish present legislation statutes although interfering degree terms contracts effect entirely destroying nevertheless sustained impairing obligation contracts constitutional sense among statutes affect remedy merely said bronson kinzie supra page repeated edwards kearzey supra page belongs merely remedy may altered according state provided alteration impair obligation contract effect produced immaterial whether done acting remedy directly contract either case prohibited constitution another class statutes illustrated exempting execution sale certain classes property like tools artisan chief justice taney bronson kinzie supra speaking obiter said state might properly exempt necessary implements agriculture toold mechanic articles necessity household furniture edwards kearzey supra struck provision north carolina constitution exempted every homestead dwelling buildings used therewith exceeding value ground unconstitutionality applied contract already existence referring opinion bronson kinzie said page chief justice seems mind maxim minimis etc ground exemption justified quite true also reservation essential attributes sovereign power also read contracts legislature away public health public morals general statutes put end lotteries sale manufacture intoxicating liquors maintenance nuisances protect public safety although indirect effect absolutely destroying private contracts previously made contemplation continuance state affairs existence subsequently prohibited uniformly upheld violating contract impairment clause distinction legislation character minnesota statute however readily observable may demonstrated example engaged business manufacturing intoxicating liquor within state makes contract suppose manufacture deliver stipulated price date future quantity whisky day arrives performance contract state passes law prohibiting manufacture sale intoxicating liquor contract immediately falls performance ceased lawful contract made upon implied condition particular state things shall continue exist state things ceases exist bargain ceases exist marshall glanvill case plaintiff employed defendants upon contract service contract force country became involved world war plaintiff called military service held rendered performance unlawful contract end said parties clearly made bargain footing continue lawful plaintiff render defendants accept services rendering acceptance services ceased lawful july thereupon bargain came end shipton anderson parcel wheat lying warehouse sold future payment delivery wheat subsequently requisitioned english government sellers became unable deliver king bench division held sellers liable darling justice agreeing opinion lord reading said pages one contracts illegal contract altogether bad contract made performed without illegal done obligation perform one case making contract case performance public policy must presumed crown acted legally contention contrary state war notorious contract seized state acting general good salus populi suprema lex good maxim enforcement essential law gives right action whomsoever may injured general subject discussed omnia commercial page pointed effect requisition appropriate contract frustrate essentially different thing distinction properly may made contract impairment clause respect subsequent state legislation rendering unlawful state things lawful obligation relating thereto contracted legislation obligation impaired constitutional sense contract disappears virtue implied condition effect read contract thus tamplin steamship petroleum products ltd house lords case steamer subject charter party nearly three years run requisitioned admiralty applicable rule stated examine contract circumstances made order see whether nature parties must made bargain footing particular state things continue exist must done term effect implied though expressed contract metropolitan water board dick kerr company rule reaffirmed additional statement subsequent law might cause impossibility performance taking away something control party thing contracted something else must determine whether contingency character reasonably implied contemplation parties contract made bearing mind aids toward determining whether implied condition may read particular contract let us revert example already given respect agreement manufacture sale intoxicating liquor let us suppose state instead passing legislation prohibiting manufacture sale commodity event doctrine implied conditions pertinent continues recognize general lawfulness business conceives justifying emergency provides time performance existing contracts future manufacture sale shall extended specified period time perfectly admissible view state power prohibit business read contract implied proviso effect business manufacturing selling intoxicating liquors shall prior date performance due become unlawful case last put read contract pertinent provisional exception event intermeddling state action unreasonable absurd since must assume contract made footing long obligation remained lawful impairment clause effectively preclude law altering nullifying however exigent occasion might principle precisely case contract repay loan within fixed time express condition upon failure property given security shall sold absence timely redemption title shall vested absolutely purchaser contract lawful made never anything else legislature done pass statute effect frustrating contract rendering performance unlawful one election one parties postpones time effective enforcement contractual obligation notwithstanding obligation exact terms contract remains lawful possible performance passage statute rent hirsh marcus brown holding feldman levy leasing siegel relied upon dealt exigent situation due period scarcity housing caused war stop consider distinctions present case point question contract pairment received little casual consideration writer opinions first two cases speaking later case pennsylvania coal mahon characterized gone verge law therefore seems pertinent say decisions confessedly escape limbo unconstitutionality exceedingly narrow margin suggested characterization applied toward solution doubtful question arising different field high degree caution reasonably considered foreclose question involved determined upon merits without regard cases come back directly question impairment conclusion reached seems relief afforded statute contravene constitutional provision character appropriate emergency allowed upon said reasonable conditions necessary first describe exact situation appellees obtained appellant loan secure payment executed mortgage upon real property consisting land house garage mortgage contained conventional minnesota provision foreclosure advertisement mortgagors agreed pay debt together interest taxes insurance property defaulted strict accordance bargain appellant foreclosed mortgage advertisement caused premises sold appellant bought property sale sum equal amount mortgage debt period redemption sale due expire may assuming redemption end day law force contract made property sold accordance terms mortgage appellant become owner fee entitled immediate possession property statute attack passed april first recited declared economic emergency existed applied present case arbitrarily extended period redemption expiring may mary period sixteen days provided mortgagor might apply extension district county authorized extend period date later may condition mortgagor pay creditor reasonable part income rental value might appear equitable toward payment taxes insurance interest principal mortgage indebtedness times manner fixed application case made extended time may upon condition payment mortgagor rental value per month made observed whether statute operated directly upon contract indirectly modifying remedy effect extend period redemption absolutely period sixteen days conditionally period two years brought substantial change terms contract reasonably denied statute meant operate upon remedy nevertheless applied effect destroying two years right creditor enjoy ownership property consequently correlative power period occupy sell otherwise dispose might seem fit postponement unconditional undoubtedly constituted unconstitutional impairment obligation decided bronson kinzie supra period redemption extended period twelve months sale decree howard bugbee supra extension two years barnitz beverly supra period extended eighteen months cases may assume still embody law since overruled substantial difference cases present one extension period redemption postponement creditor ownership accompanied condition rental value property shall meantime paid assuming moment statute extending period redemption may upheld something commensurate value given creditor way compensation conclusion payment rental value period postponement even approximate equivalent immediate ownership possession purely gratuitous payment regarded sense compensation postponement contract right ownership property petitioner entitled carried right occupy sell ownership retained right rental value well last analysis petitioner simply allowed retain part compensation surrendering remainder moreover foreseen happen property long period time buildings may deteriorate quality value property may fall sum far purchase price financial needs appellant may become pressing render urgently necessary property shall sold whatever may bring however supposable contingencies may statute denies appellant period two years ownership possession asset event substantial character possibly may turn great value statute therefore merely modification remedy effects material injurious change obligation legally enforceable right creditor statute passed upon default redemption become owner property extension time redemption two years whatever compensation given place destroys specific right correlative obligation none less though assume create invitum another different right obligation equal value certainly contract deliver specified quantity wheat given date legislation however much might purport act upon remedy effect permitting contract discharged delivery corn equal value subvert constitutional restriction statute materially delays enforcement mortgagee contractual right ownership possession modify remedy merely destroys period delay remedy far enforcement right concerned phrase contract constitutional sense imports legal duty perform specified obligation contract substitute perform one parties different albeit equally valuable obligation state contract impairment clause power accomplish substitution one parties contract either acting directly upon contract bringing result guise statute form acting upon remedy efficacy constitutional restriction large measure made disappear well said whatever tends postpone retard enforcement contract extent weakens obligation according one latin proverb gives quickly gives twice according another pays late pays less authorization postponement payment means postponement may effected conflict constitutional inhibition louisiana ex rel ranger new orleans able see real distinction statute substantive terms alters obligation contract extend time performance period two years statute though terms acting upon remedy aimed obligation distinguished example judicial procedure incident enforcement thereof fact withhold creditor period time stipulated fruits contract quite agree opinion whether legislation review wise unwise matter nothing whether likely work well work ill presents question entirely irrelevant issue legitimate inquiry make whether constitutional virtues save faults invoked accomplish destruction provisions constitution upheld pinch well comfort may well abandoned unable reach conclusion minnesota statute infringes constitutional restriction review choice say authorized say justice van devanter justice mcreynolds justice butler concur opinion footnotes section follows period redemption may mortgage upon real property foreclosed period redemption yet expired sale hereafter case real estate mortgage foreclosure proceedings pending may hereafter instituted prior expiration two years passage act upon sale real property judgment execution period redemption yet expired sale made hereafter within two years passage act period redemption may extended additional time may deem equitable event beyond may provided mortgagor owner possession said property case mortgage foreclosure proceedings judgment debtor case sale judgment execution shall prior expiration period redemption apply district jurisdiction matter less days written notice mortgagee judgment creditor attorney either case may order determining reasonable value income said property property income reasonable rental value property involved sale directing requiring mortgagor judgment debtor pay reasonable part income rental value toward payment taxes insurance interest mortgage judgment indebtedness times manner shall fixed determined ordered shall thereupon hear said application hearing shall make file order directing payment mortgagor judgment debtor amount times manner shall circumstances appear equitable provided upon service notice demand aforesaid running period redemption shall tolled shall make order upon application provided however mortgagor judgment debtor personal representative shall default payments order required part done commits waste right redeem said sale shall terminate days default holders subsequent liens may redeem order manner provided law beginning days filing notice default clerk district right possession shall cease party acquiring title real estate shall entitled immediate possession said premises default claimed allowance waste day period shall begin run filing order finding waste provided time redemption real estate mortgage foreclosure judgment execution sale heretofore made otherwise expire less days passage approval act shall hereby extended date days passage approval act case mortgagor judgment debtor assigns personal representative either case may owner possession property may prior said date apply said may thereupon grant relief hereinbefore section provided provided prior may action shall maintained state deficiency judgment period redemption allowed existing law extended provisions act expired joint statement counsel parties filed argument shows providing taxes insurance interest crediting payments made mortgagor judgment amount necessary redeem may preamble first section act follows severe financial economic depression existing several years past resulted extremely low prices products farms factories great amount unemployment almost complete lack credit farmers business men property owners general extreme stagnation business agriculture industry many owners real property reason said conditions unable believed time unable meet payments come due taxes interest principal mortgages properties therefore threatened loss properties mortgage foreclosure judicial sales thereof many properties bid mortgage foreclosure execution sales prices much believed real values often much less mortgage judgment indebtedness thus entailing deficiency judgments mortgage judgment debtors believed legislature minnesota hereby declares belief conditions existing hereinbefore set forth created emergency nature justifies validates legislation extension time redemption mortgage foreclosure execution sales relief like character state minnesota passesses right police power declare state emergency exist inherent fundamental purposes government safeguard public promote general walfare people existing conditions foreclosure many real estate mortgages advertisement prevent fair open competitive bidding time sale manner contemplated law believed legislature minnesota hereby declares belief conditions existing hereinbefore set forth created emergency nature justifies validates changes legislation providing temporary manner method terms conditions upon mortgage foreclosure sales may postponed jurisdiction administer equitable relief connection therewith may conferred upon district mason minnesota statutes section provides postponement mortgage foreclosure sales remained thirty years provision statutes contemplation provisions foreclosure advertisement agreed upon emergency declared view situation hereinbefore set forth legislature state minnesota hereby declares public economic emergency exist state minnesota attorney general state argument made following statement general conditions minnesota predominantly agricultural state little one half people live farms time law passed prices farm products fallen point persons engaged farming realize enough products support families pay taxes interest mortgages homes fall winter villages small cities farmers must market produce corn quoted low eight cents per bushel oats two cents wheat cents per bushel eggs seven cents per dozen butter ten cents per pound industry second importance mining normal times minnesota produces sixty per cent iron nearly thirty per cent iron produced world production iron fell less fifteen per cent normal production families idle miners soon became destitute supported public funds industries state lumbering manufacture wood products manufacture farm machinery various goods steel iron also affected disastrously depression increased burden state political subdivisions resulted depression taxes lands provide far major portion taxes state increased extent many instances became confiscatory tax delinquencies alarmingly great rising high one county state seven counties state tax delinquency delinquencies many towns school districts villages cities practically bankrupt many political subdivisions state local government ceased function collapsed loans state attorney general also stated serious breaches peace occurred see ex parte milligan wall russell wall hamilton kentucky distilleries warehouse cohen grocery farrand records federal convention vol pp elliot debates vol pp bancroft history constitution vol pp warren making constitution pp compare ordinance government northwest territory art federalist madison marshall life washington vol pp bancroft history constitution vol et seq black constitutional prohibitions pp fiske critical period american history ed et seq adams storey fed cas paine contracts within meaning clause held embrace executed grants well executory fletcher peck cranch terrett taylor cranch embrace charters private corporations dartmouth college woodward wheat marriage contract limit general right legislate subject divorce id page wheat maynard hill judgments though rendered upon contracts deemed within provision morley lake shore railway general law giving consent state sued constitute contract beers arkansas held impairment law removes taint illegality thus permits enforcement repeal statute making contract void usury ewell daggs see addition cases cited text following farmers mechanics bank smith wheat piqua bank knoop dodge woolsey jefferson branch bank skelly black state tax bonds wall farrington tennessee murray charleston hartman greenhow mcgahey virginia bedford eastern building loan association wright central georgia railway central georgia railway wright ohio public service ohio ex rel fritz see warren history vol pp see sturges crowninshield wheat mason haile wheat beers haughton pet illustrations changes remedies sustained may seen following cases jackson lamphire pet hawkins barney lessee pet crawford branch bank curtis whitney wall cairo hecht terry anderson tennessee sneed south carolina gaillard louisiana new orleans connecticut mutual life insurance cushman vance vance gilfillan union canal hill merchants insurance new orleans city lake louisiana red river valley bank craig wilson standefer oshkosh waterworks oshkosh waggoner flack bernheimer converse henley myers selig hamilton ann cas security savings bank california compare following illustrative cases changes remedies deemed character interfere substantial rights wilmington weldon king memphis virginia coupon cases effinger kenney fisk jefferson police jury bradley lightcap bank minden clement see also new orleans gas louisiana light offield new york co cincinnati louisville nashville pennsylvania hospital philadelphia galveston wharf company galveston georgia chattanooga laws new york chapters department agriculture technical bulletin february pp year book department agriculture graffam burgess schroeder young ballentyne smith howell baker johns ch gilbert haire littell zuntz farmers life insurance stegink strong smith compare suring state bank giese see coote law mortgages ed vol pp jones mortgages ed vol langford barnard tothill temp eliz emmanuel college evans ch temp car roscarrick barton ca ch noakes rice per lord macnaghten fairclough swan brewery cases necessary modify constitutional rules govern new conditions create new words describe commerce clause good example adopted application necessarily confined regulation primitive methods transportation employed railroads automobiles aircraft automatically brought within scope subject terms commerce clause moment new means transportation came existence brought within meaning word defined dictionaries thus mcmaster history people vol referring conditions rhode island bonds society dissolved paper money tender laws new jersey people nailed doors courthouses virginia debtors fire order stop course justice says newspapers full bankrupt notices formers taxes amounted near rent farms mechanics wandered streets every city destitute work ships shut every port europe lay rotting harbors channing history vol pp paints graphic picture situation immediate prospect gloomy south carolina massachusetts end line case bad worse resources new england insufficient pay even owing case new york even desperate moment philadelphia alone seemed prosperous wastage later years war severely felt virginia virginia honeycombed debt south carolina planters even heavily debt case thomas bee point creditors secured executions sheriff seized property sold brought private sale ordinary times nevins american revolution says town greenwich computed five years preceding farmers paid taxes entire rental value land john fiske critical period american history ed pp thus describes conditions men spent time angrily discussing politics scarcely day passed without times grew riots country less cities goddess discord reigned farmers determined starve city people submission entered agreement send produce cities merchants open shops begin selling goods paper money face value farmers threw away milk used corn fuel let apples rot ground courts broken armed mobs concord one job shattuck brought several hundred armed men town surrounded flerce harangue declared time come wiping debts david ramsay history ed vol pp member old congress confederation lived midst events speaks says public debts sometimes inferred necessity always furnished apology discharging private contracts confidence man man received deadly wound public faith first violated private engagements lost much obligatory force combined operation causes trade languished credit expired gold silver vanished real property depreciated extent equal depreciation continental money finally george ticknor curtis history origin formation adoption constitution vol pp contemporary evidence assures us period great pecuniary distress arising depreciation vast quantities paper money issued federal state governments rash speculations uncertain fluctuating condition trade great amount foreign goods forced country soon ports opened naturally state things debtors disposed lean favor systems government legislation tend relieve postpone payment debts relief come state governments naturally friends state enacted friendly enlargement powers federal constitution causes led individuals look legislation irregular relief burden private contracts led also regard public obligations similar impatience opposed numerous class persons felt high necessity preserving inviolate every public private obligation saw separate power accomplish absolutely necessary sustain public private credit naturally disposed look resources union benefits class look opposite direction tendencies produced nearly every state struggle two organized parties one along contest supremacy opposite opinions one time doubtful side scale turn charles warren making constitution pp actual evils led federal convention familiar every reader history need detailed description well known arose general second state legislation unjust citizens productive dissensions neighboring state laws particularly complained staying process courts making property tender payment debts issuing paper money interfering foreclosure mortgages fiske supra note universal depression want confidence trade stopped political quackery cheap dirty remedies full control field craze fictitious wealth shape paper money ran like epidemic country barmecide feast economic vagaries threaded maze rash legislation shall better understand clause federal constitution forbids making laws impairing obligation contracts beard economic interpretation constitution pp capital positively attacked makers paper money stay laws pine barren acts devices depreciating currency delaying collection debts addition derangement monetary system naturally enough resisted schemes state legislatures turned idea national government constructed prevent laws impairing obligation contract emitting paper money otherwise benefiting debtors idle inquire whether rapacity creditors total depravity debtors responsible deep bitter antagonism sufficient purposes discover existence find institutional reflex constitution fisher ames washington life works fisher ames vol creditors treated outlaws bankrupts armed legal authority persecutors shock confidence faith society shaken foundations illuminating comment upon state legislation found chapter vi volume bancroft formation constitution heading laws impairing obligation contracts prove need overruling union pp massachusetts repeated temporary gave real relief flattered deceived hope debtor exasperating alike creditor pennsylvania december debts contracted made payable three annual instalments enacted extending january august stayed execution two rears passing act south carolina commencement suits suspended till ten days sitting next general assembly day march came great ordinance payment debts four annual instalments ramsay supra note vol pp distrust prevailed among people respecting punctual fulfilment contracts arose powers claimed many instances exercised state legislatures impairing obligation contracts prolific sources evil completely done away new constitution continued state legislatures many instances yielded necessities constituents passed laws creditors compelled either wait payment demands tender security take property valuation paper money falsely purporting representative specie laws considered british inconsistent treaty americans palliated measures plea necessity ramsay history vol pp effects laws interfering debtors creditors extensive destroyed public credit confidence man man injured morals people many instances ensured aggravated final ruin unfortunate debtors whose temporary relief brought forward bancroft supra note vol id vol id vol see curtis supra note volume pp ordinance government territory northwest river ohio art ii thorpe american charters constitutions organic laws vol pp elliot debates vol pp id vol pp farrand records federal convention vol pp elliot debates vol pp id vol pp id vol id vol pp id vol warren book making constitution pp interesting sume proceedings convention conflicting views state conventions consideration says part convention asked perfect action favor honesty morality adding prohibition put end statutes enacting laws special individuals setting aside judgments repealing vested rights altering corporate charters staying bringing prosecution suits preventing foreclosure mortgages altering terms contracts allowing tender payment debts something contracted state legislatures hitherto passed laws abundant measure situation graphically described later chief justice marshall one noted decisions ogden saunders wheat follows power changing relative situation debtor creditor interfering contracts power comes home every man touches interest controls conduct every individual things supposes proper exclusive management used excess state legislatures break upon ordinary intercourse society destroy confidence man man mischief become great alarming impair commercial intercourse threaten existence credit sap morals people destroy sanctity private faith guard continuance evil object deep interest truly wise well virtuous great community one important benefits expected reform government obviate conditions thus described king massachusetts proposed insertion new restriction wilson madison supported motion mason morris however believed went far interfering powers also genuine belief delegates circumstances financial crises stay tender laws might necessary avert calamitous loss debtors delegates deeply impressed disastrous social economic effects stay tender laws enacted decided make similar legislation impossible future see dewey financial history et seq schouler history vol et seq mcmaster supra note vol pp et et et seq see dewey supra note et seq mcmaster supra note vol et vol et seq centennial history illinois vol et seq see dewey supra note et seq andrews last quarter century vol et seq