Georgia v. Brailsford (2 U.S. 402)/Separate Blair

by John Blair (1732–1800)

Blair, Justice.⁠The State of Georgia seems to have done all that she could to obtain a hearing. An application was made to the Circuit court, in the nature of a claim to interplead; but being refused, her alternative, under all the circumstances of the case, is an appeal to the equitable jurisdiction of the Supreme court. It is true, perhaps, as the counsel has suggested, that the defendant below pleaded the confiscation act of Georgia in bar to the action; but it is a sufficient answer to this argument, that the State was not a party; and no right can be defeated, in law, unless the party claiming it, has himself an opportunity to support it.

If the State of Georgia was entitled to the bond, she is equally entitled to the money levied by the marshall in satisfaction of the bond, or rather of the judgment rendered upon it: And as the execution directs the marshall to pay the amount to the plaintiffs below, I can perceive no other mode of preventing a compliance, while we enquire into the right of receiving the money, than that of issuing an injunction to stay it in the hands of the officer.

It appears to me to be too early, likewise, to pronounce an opinion upon the titles in collision; since it is enough, on a motion of this kind, to shew a colorable title. The State of Georgia has set up her confiscation act, which certainly is a fair foundation for future judicial investigation; and that an injury may not be done, which it may be out of our power to repair, the injunction ought, I think, to issue, till we are enabled, by a full enquiry, to decide upon the whole merits of the case.