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Page:United States Reports, Volume 2.djvu/325

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Cmeurr Coun, Pmnfylumk Difkriét. gig defendant, fo as to render it available ina court of common yygs, law. •,,y•` III. 'I'he nature and operation of the fufpendm' a&. In This a& was palfed the 29th of Merch, ry88, ind is as fol- ws. {Here the fudge read lk aB at _ This ac} was paifed before the adoption of the Oonflitution

 the Unitedsmur, and therefozeis not ai&&edb it. Ifthe

Lggillature had authorityto make theoonlirmiug aL,they had, ai£», authority to fufpend it. Their Conllitutional power reach- ed to both, or to neither. Bythe a£l of the 28th of Mucb r787, the commillioners were to afoertain and confirm the claims of the (.'nme8i¢·ut fettlers, uponthe doing whereof the ellate, if the law was Conilitutional, would veiled in them. This hasnotbeendome ; the claim inthe prefent in- (lance has not bcmafoettained and confirmed 5 and as this aé]: fufpends orrevokes thefe afcertaining and coniirmin powers, it never can be done. Of courfe, there is an end 0% the buli- nefs. The parties are placed on their ground; they are rellored to their priltine fituatiou. IV. After the opinion deliveredon the preceedinticqueilious, it is not uecelfary to determine upon the validity of repealing law. But it being my intention iu this chart: to decide upon ` ` all the material points in the caufe, in order at the whole may, at once, be carried before the Supreme judicature for revilion, I {hall detain you, gentlemen, a few mintutes only, while I juli touch upon the Conllitutionality of the repealing aél. This _ ' aft was palfed the rll of April 1790 : The repealing part is as follows. . I (Here the judge read the tit and 2d fe&ions of the a&. Sec 2 Vol. Dall. Eglit. Perm. Law:. p. 786.) ` This aft was made after the adoption of the Conflitution of the Uniml Siam, and the argument is, that it is contrary to it; 1. Becaufe it is an ex pa} _fh8q law. 2. Becaufe it is a law impairing the obligation of a contra&.~ r. That it is an expgylfaéia law. But what is the fait P If t making a law be a faét within the words ofthe Conftitution, then no law, when oncemade, can everbe repealed. Some of the (Z'.mneé7i¢ut fettlcrs prefented their claims to the commillioners, who received and entered them. '1`hefe are fa&s. But are they fails of any avail ? Did they give any right or vel|:‘ any eflate ? No-whether done or not done, they leave the par- ties juli where they were. They create no interell, aifeft no title, change no property, when done they are ufelefs and of no clhcacy. Other aéls were ncceffary to be pcrforniegifbut NG