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Jh Cos remedy for its cnfof&fficmr
The principal obligation of human
>aws fays Blackstone, their main
rtrength and force consists in the
penalty annexed—Without the re.
medial part, all laws would be
vague and imperfect—Notv a lav/
is burn contract between the Rate
and the individuals who compose
►t; since all laws are founded, up
rn the express or implied afTent of
tlie governed ; and the legal obli
gation of it s contract wc are told
confitfs in the means of enforcing
It. * A learned judge of the United
States, incidentally touching this
fubjecl, has fugge'ted a doubt,
whether the words 44 obligation of
;ontrads, r can be cpnfldered as
-quivalent to the words 44 obliga
tion and effect of contra&s. In
v Ir-t'cn t which we remark, that ,
Hr ri nicely & the enforcement of
he contract, is the primary enhet of
its obligation—The ideas of obliga
tion and of force cannot be fepara •
ted.—-Thus Pothier, expressly fays,
The effects of the obligation in re
gard to the creditor are, Ist. the
right which it gives him to profe
cutc’the -debtor judicially,’ for the
payment of that which is contained
In the obligation”—The right to
the enjoyment of the remedy, is
then the primary effect of the obli
gation, Can you destroy the ef
fect of the obligation, and yet pre
serve the obligation itfelf unimpair
ed ? “Every one will agree, (fay
the court in the c<.feor Chittenden
and Jones, before cited) that a law
which should deny to all creditors
die power of instituting the abkion
of debt, covenant affuuipfit or a bill
. ■ chancery, would invade thecon
rikution.” What defeription can
iTiore precifcly charafterize the Al
leviating Atl of Georgia —lt in
liibif*'. the ifluhtg of civil procefs*
without which the a&ions of debt
covenant, &c. cannot be in(tit uteri.
We are aware, “ That the States
•:nd the United States are continu
ally Legiilating on the fubjecl of
contracts, pretciibing the mode of
outhenlicatK n, the time within
which iff'., i Hi be pruftcuteti for
them, in many cases aiTeding ex
riling contracts by the laws which
they pass, and declaring them to
cease or lose their t ried for want of
compliance in the parties with inch
rictutory provilions”—and we-, a
gree, that all tilde ads are within
“he to oft cor red. limits of Legiflai
: power:—They result from the
*. , n.:bted conilitutional right of
Legiilature to alter and reform
judicial fyftcm. Their primary
efifential objed is the protno
• of the adminiff ration of justice,
ff- advancement and improvement.
ey can therefore afford nojufri
•: ‘.tion for the ad under cor.fider
:: r >n, the diced and obvious inten
tion and tendency of which is to
impede and paralize the judicial
power.
The clause of the ccnflitution
may be considered—
-2. With reference to its spirit
and intention. We will very brief
ly dispose of this part of the dilcr.f
fion—The clause in question is rs
medial—What- then was the mif
chief it was intended to remedy ?
We answer in the language of the
‘Court, in the case so often referred
to — tc It Is to he seen in the histori
cal records offome of the dates that
prefi’ed and exhausted by-their ef
forts in the great flruggle for Inde
pendence, they had recourfc to vari
ous expedients to relieve their fuf-
Trftag cititTns, Jn addition tfc'fHi
HTue cf bills of credit and paf.ef
money, fome laws were puffed whol
ly changing the nature of the con
trad—others poflponed the pay
ment of the debt by authorizing it
to be made in inftaiments—the ben
efit reCulting from thefb measures
was partial and temporary —but the
evil as might have been expected
and permanent.” That
this was the.mifchief which it was
the ft of the claufepn qaffliort
to remedy, is further evidence#!/ by
the debates in the differentiate
conventions when theaccepiawßpf
the Constitution was under cßif.
(ion :• We cue a Tingle influx.
44 1 am a warm friend to <ths prohi
bition, (fai l a inem.b r of the con
vention of Virginia) beeaufe it mutt
be promotive of virtue and justice,
and prevetutaeof and fraud
—ls we take a revffw of the codstn*
iiies which have betaken our repu
tation as apso; le, we will find they
have been produced by frequent in
ter; .-revises of the Hate legislatures,
with private central s.’ r ~ We might
add to these evidences, but it is
conceived to be unneeeffer?—The?
are supported by hiriory, and the
concurring testimony cf those sur
viving citizens, who lived and were
engaged in public affairs in that
eventful period—A law, then whofc
provinons are calculated to produce
a recurrence of those again ft
which it was thus marfffeftiy the ob
jeft o.f this‘claufe of tt a conffird*
tion to- guard, nv.ft.l be in violation
of the U uric and intention of the
Cfttutitutscn—
For thdh ro-’fbns we are of of- •
ion, that the ft ft in question impair
the obligation <r contra LU, ; and :s
therefore in veon ot the Go :•
ilitution cf the Ui/sX-d s -tec.
2. But the aft in’ c. : more*
over violate: that fur.dantc* ...ft
ciple which ff Inherent in every i.x..-
Conftitudon vftffch requires that
juilice lhi.il be administered equally
to every denomination of citizens,
without refpeffc to perlons.
Such a principle is mfepaviffde
from every iree government—lt k
the peculiar and Itriking charatker
ilkic of its Confiitunon, that which
diftinpuifiles it from defpotiftn.—
When the peonle of the United
States foleo-nly declare, that all
men are by nature equal, the de
claration is made with reference to
this principle— Drfcarding the viff.
ionai-y idea cf an equality in ail ;.he
relations and c( editions of mnn,
which cax.uc nr. i'.Kcauy exHI, this
declaration etif ‘res and guarantees
to the citizens ot ice United Stales,
a political dcuality—an equal par
ticipation hi fed the ifyhts and b;n
efits to be derived from the.focial
. compact into v/iiich they have en
tered. It forms the balls cf every
free confutation, and receives no
additional support from she decor
ation of its exiftcnce.—The pro er
! vation of this great principle is
moreover efneciadv cenfid j cl to .be
# J
bJudicial Department. They are
| bound by their oaths of office to do
j equal right ?o all, without refned’ to
j persons. Let us applv theie c:as
ito the connderaticn of the act -
! der difcufiio’ J.
We have fern that it inhibis-vor
, an undefined period, the itfalny of
| aii civii pro cels, except in certain
; cases for which it provides, it
{ proceeds to except from its epera
i ticn, the riantev's Bank, of the
. (late of Georgia, the Augusta Bank,
Landlords wnofe tenants may hold
, over after the expiration ot their
‘ Ifafes. thf Ur:re.;;tv r dV-’ 1 ?Vcr-d“-.
dies nil .” private school’s. Lefe iMi
refervaiton in favor of certain per
sons to the exciufion of all others
should be nufunderilood, the amen
ding a& provides, *’ That nothing
in the before recited tkali opr-;,
are to prevc l the President and .Di
rectors of the Printer’s Bank cf the
(fate of Georgia, or the Bank cf
Augusta, from inffituting suit or
suits, and enforcing all contrails
made with them or either of them
in their corporate capacity, in the
fame manner that they were author
ifed to do before the fling ol fold
act.” By the operation cf fh-ffb
aGs then aceicain number of indi
viduals, who are iacor; orate J fer
purposes foreign, to this cor.tr weriy,
arc permitted in their corp•. ca
pacity, to intlitue suits ar;d enforce
all contracts made with them, while
this lame right is denied to the
great body of die citizens of the
data—and the Judges w!> > are
sworn to administer equal justice tc
ai! without refpeck to persons, are
called upon to permit the inflitution
cf suits, and the enforcement of
contracts, at the infkance of the
•Banks sea in ft; individuals; am 1 , to
refufe the inflitution of suits or the
enforcement of contracts at the in
stance cf individuals agairdfc the
Banks, or againit ether individuals,
againfl whom at the irfflance of the
Parks, judgments may have been
rendered'—it irpe that every cki
ias an equal right to pafr icipato
hi the benefits to be derived from
the facial com pad ? And is it pof
iibk to display a more palpable vio
lation of the principle r The priv
ilege eff rtf rting to t s .° cants of
Justice, for ff e redress of his viola
ted rights h indeed the ernftitu
ffonal, inalieretV so right of every
free citizen cf this republic—--Its
prefer ration : s entrusted to the Judi
•fft Depot nent—and we will not
fortnk from the folema duty which
is committed to our charge. But
could we for a moment admit the
right of the -Legfeature to invade
this con flit ammo! privilege of the
citizen, the principle we are iiluffra
ting would reqi.are that the uG Ly
which it was fliould bo
general and 6qual in its
Let us attend for a mom nt to the
confcquences or a contrary dowa
trine. If the I.eeiflature possess th s
right assumed by this r.ck, who fliali
preferibe the limits of this power
of diferimmation ? We should be
Ihocked by a Legif itive a5., which
Inhibiting the civil’officers of thirty
eight counties m the Ik ate, from ifiu
ing all civil process, should never
theless permit the inhabftants of one
favored county to institute suits,
and enforce ail contracts made with
thtm, as il fuclt a£l did not exist,
and yet the principle of the present
law is co-extensive with the case
fuppefed. Il the Legiftature can
deny to one chuff of citizens a right
to which all are equally entitled,
while they permfe its exercise by
another class, h belongs not to the
Judicial Department to fay, that the
fefiional division of counties, does
not afford as fit n mode of diferim
ination es any other.
Ex .niff then the act under con
ft< T vation-'is unequal in its provi
sions-M x.'hff it viola’ ’S that c
qua! t.-. r ights to which the free
dii ‘•ns of this fiats sere entitle .1 un
der the £asL:.ittif*or, and wM:h we
•have fs'om t > pteffrw, v. r cannot
lend oar fen-J.ion to tire execution
of -this aft.
3. There -is a further view of
‘H*. Athie#- T, 'o >x ooivfoo,
• <■ *
shat this d€i violates the
tion cf the ft arc Cu q - It.dk
fumes a right fuhverth •. I Jtnii
cia! pcwer— calculated to arxiihl- te
one of f h'e rhree great Deparfnici-t^
■ cf the iff. vemment, ertaxd by the
Conftitusian.
j At the very ihrtflb .; old of (hat
; h ftiurr.ent, wc fi; and this dedufaftoo.
; “ The Legiiiative, txercu.e and
i Judicial". Departments cf Gcvern
j ment Trill be diftinG, and each de
partment ihil! be cirfiJed -.da iep
-1 state body of magistracy, arm no
1 person or cclfecl.on of persons, be
ing of one of thole P ‘partmenta
ihail exev-'ar.y ;• , . a [y
attached o Mcxer c i the . -ft . x
eep|in the iuff .nbet di. exp..ls
ly permit cd,”
; Ardaga’:.— TheJu;
ers of this itx : ff, >ff ‘ p,
Smo.rior, Ir . or, m.d I
Courts, and in iff ch oil j “ ■
as the Legift., : re n- .£
to time ordai 1 r ft
“The S. ?r. a or
Courts (hall il. I : u t- xo
in every year i. ;,r . o. ; r.„.ec
as the Leg'll mre ft t a-q ffvt ‘—
Finally,
It foal I’ ff- u-.L o. ‘ • Gen
era 1 Aflen ‘ y p-dc .ft’ t -ectf.-.. f
laws and „ • r. . :/• v
this Confli.e ‘ mo tv;. :fff d's
Let uu .>■ . -
Tons'of the : ft; I-.driov O’ at “ai
qua fife i„ fk ft ‘ •■.< It; ft .iff ■ -ft
perpetual ad no; ffrtift .ft .r
----cration i aay • ■ .;ul. ■ - ff
From and . a- ff -
present tnonff: (Iff :a ff< ff .!*
not be lawfu : - -
this state to issue any a
or process whatsoever, dt •<:
continuance of this ad, except ar m
heimin excepted-—Here is then the
affumptica cf a power by the Leg
islature, to inhibit die ififfing of all
civil process, for an undefined peri
od—-Let ua recur now to the grant
of power in the before cited feckiona
of the Conduction
The Judicial powers cf the state
are confided to a diftind body of
magiftracy*—conftituting cc.llefHve*
ly tne Judiciary Department of tlx-v
Government. What, are tbofo
powers'? What is the medjlzx
through which they are exerciied if
The Judicial powers of the Go?*
ernmeat are twofold,
1. The Judicial Department pof=
fdTcs a criminal Ji rhdidion, the
trial of offences againit {tate y
which isexercifed through rife me
dian# of the criminal process of rha
Courts.
2. It poffcfies a civil juriftffekior*
for the redress of civil irju?ie> to •
the (late, its citizens, or ethers hi
amity with the Government—and
this jurifdifkionis exer-'iled through
the medium of its civil process. j
If now the Legffature poss is ff
power to inhibit the civil ofiici.oft
this (late, from issuing any civil pre
cept cr procels whatsoever, for an
undefined period, there is obvioufiy
an end cf the civil jurifdiGion of tho
Judicial Depaitment—becauff it <*.
only through the medium or such
process that this jurfdiGion can be
exercised—Thus then we have a
Judicial Department, Live fir ft 1 os
civil iurifdiclion. But the f
the principle does not flop here—l f
■ the Ldgiflature pofitfs the power to
destroy the civil jniifdfolion of the
Judicial Department, the residue c ?
its pewer, which v:e have denomin
ated its criminal jurifdidion is alfe
at mercy. Both result from thfj
fame Conftitutiona- grant of power.
If the Confiitudon be irradequate
