17 U.S. 235 | SCOTUS | 1819
delivered the opinion of the Court. In this case the defendant contended, that his right to a trial by jury, as secured to him by the constitution of the United States, and of the State of Maryland, has been violated. The question is one of the deepest interest; and if the complaint be well founded, the claims of the citizen on the protection pf this Court are peculiarly strong.
The 7th amendment of the constitution of the United States is in these words:
*241 •« In suits at common law, where the value in controversy shall exceed 20 dollars, the right of the trial, by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law;”
The 21st article of the Declaration of-Rights of the State of Maryland, is in the words of Magna Charta.
“ No freeman ought to be taken or imprisoned, &c. or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land.”
The act by. which this bank is incorporated, gives a summary remedy for the recovery of notes endorsed to it, provided those notes be made expressly negotiable at the bank in their Creation. This is anoté of that description; but it is contended, that the act authorizing the issuing of an execution, either against the body or effects of the d ebtor, with out the j udgment of a Court, upon the oath and demand of the president of the bank, is so far a violation of the rights intended to be secured to the individual, under the constitution of the United States, and of the State of Maryland. And as the clause in the act of incorporation, under which this execution issued, is express as to the Courts in which it is to be executed, it is farther contended, that there is no provision in the law of Congress for executing it in this district; -
We readily admit, that the provisions of this law are in derogation of the ordinary principles of private
The laws of the State pf Maryland derive their force, in this district, under the first section of the act of Congress of the 27th of February, 1801. But we cannot admit, that the section which gives effect to those laws amounts to a ^e-enactment of them, so as to sustain them, under the powers of exclusive legislation, given to Congress over this district. The Words of the act are,. “ The laws of the State of Maryland, as they now exist, shall be and continue in force in that part of the said district, which was ceded by that State to the United States.” These Words could only give to thosé laws that force which they previously had in this tract of territory under the laws of Maryland; and if this law was unconstitutional in that State, it was void there, and must be so here. It becomes, then, unnecessary to examiné the question, whether the powers of Congress be despotic in this district, or whether there are any, and what, restrictions imposed upon it, by natural reason, the principles of the social compact, or constitutional provisions.
Was this act void, as a law of Maryland ? If it was, it must have become so under the restrictions of the constitution of the State, or of the United States. What Was the object of those restrictions ? It could not have been to. protect the citizen from his own acts, for it would then have operated as a restraint upon his rights. It must have been against the acts
In giving this opinion, we attach no importance to
The next question is, whether the Courts of this district are empowered to carry into effect the summary remedy given to the. bank in this case ?
The law requires the application for process to be made to the clérk of the General Court, or of the County Court for the county in which the delinquent resides, and obliges such clerk to issue the execution, returnable, to the Court to which such clerk is attached. Unless; therefore, the clerk of this district is vested with the same power, and the Courts with jurisdiction over the case, the bank would not have the means of resorting to this remedy.
The third section of the act'of February, 1801, does not vest in the Courts that power. It only clothes the Courts and judges of this district with the jurisdiction and powers of the Circuit Courts and judges of the Unitéd States.' But we are of opinion that this defect is supplied by the fifth section of the same act, taken' in Connection with the fifth
Upon the whole, we are of opinion that the law is • constitutional, and the jurisdiction vested jn the Courts of the district; and, therefore, that the judgment niust be reversed, and the cause remanded for further proceedings.
Judgment.reversed.
. 4 Cranch, 384.