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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