3 Me. 326 | Me. | 1825
at the Jlugust term this year in Oxford, delivered the opinion of the Court as follows.
This cause assumes an importance from the very nature of the question before the Court; because it has immediate respect to the boundary lines of those powers which are given by the constitution of this State to the legislative and judicial departments. These lines are not drawn in the constitution with distinctness, but by the use of certain general expressions, which will be presently considered. It sterns at the present day to be an established principle in our country, as well as in many other parts of the world, that the three great powers of government, the legislative, the executive, and the judicial, should be pre
The first section of the third article of our constitution is in these words ; viz. “ The powers of this government shall be “ divided into three distinct departments ; the legislative, the “ executive, and the judicial.” The second section of the same article declares that “no person or persons belonging to one of “ those departments, shall exercise any of the powers properly “belonging to either of the others except in cases herein expressly directed or permitted. It is not necessary for us on this occasion, to particularize the cases thus expressly excepted; because none of them are deemed to have any bearing upon the point to be decided in this cause.
The first section of the fourth article of the third part of the constitution authorizes the legislature “to make and establish all reasonable laws and regulations for the defence and benefit of the people of this State, not repugnant to this constitution, nor to that of the United States'. Under this grant of power from the people to the legislature all constitutional resolves and public and private, or general and special laws are enacted.
The first section of the sixth article of the fourth part of the constitution declares that “ the judicial power of this State shall “ be vested in a Supreme Judicial Court, and such other Courts “ as the legislature shall from time to time establish.”
By the laws in force at the time said resolve was passed, the judicial power was vested in this Court, the Court of Common Pleas, the Court of Probate, and to a limited extent, in Justices of the Peace ; the three latter jurisdictions having been created by the legislature, pursuant to the above cited provision of the constitution. The Court of Sessions has no jurisdiction in cases between party and party. Thus, it appears that all the judicial power, has been distributed by the constitution and the laws, and vested in the manner before mentioned. No judicial power has been left residing in the legislature ; though in cases of impeachment the constitution vests such power in one branch of it, viz. the Senate.
Again by the law in force in Massachusetts at the time the decree of the Judge of Probate was passed, and which so continued in force there, and in this State until re-enacted by our legislature, Stat. 1821, ch. 51, sec. 64, it is provided “ that any “ person aggrieved at any order, sentence, decree or denial of “ any Judge of Probate in any county, may appeal therefrom to “ the said Supreme Court of Probate, provided such appeal be “ claimed within one month from the time of making such order, “ sentence, decree or denial, and bond be given and filed in the “probate office by the appellant within ten days after such appeal “ shall be claimed, and granted, for the prosecution thereof to “ effect at the next Supreme Court of Probate, and for paying “ all intervening costs and damages, and such costs as the said “Supreme Court of Probate shall tax against him.” As has been before stated, no appeal was granted or claimed according to the above provision ; nor till since the resolve in question was passed.
We have thus collected and arranged the foregoing passages, or extracts from the resolve, and our own constitution ; and also from the statute of this State and Massachusetts, on the subject of Appeals from decrees of Judges of Probate ; and have also stated how the judicial power of the State has been parcelled out, and
The general question submitted to our decision, in this cause, seems to he divisible into three inquiries ; viz.
1. What is the nature of the power exercised by the legislature in passing said resolve : is it of a legislative or judicial character ?
2. If of a legislative character, is the resolve unconstitutional, or retrospective and void, on the ground that it affects, disturbs and destroys the vested rights of third persons ?
3. Is it competent for the legislature in the exercise of their legitimate authority, to suspend the operation of a general standing law, in favor of one or more individuals ; leaving it in full force as to all other persons ?
As to the first inquiry, we would observe as has been before intimated, that the terms used in the first section, as to three departments of government are general; and the phraseology of the second section prohibiting the inteference of the departments, is also general. Hence as in the instance before us a question arises ; — what exercise of power by those belonging to one department, is tobe considered as an invasion of the province of either of the other departments ? In reply to this it may be said at once, that if the legislature undertake to exercise judicial power, they invade the province of the judiciary ; because the constitution and the laws have placed all the judicial power in other hands. But the question returns; did the legislature exercise a judicial power in granting to the appellants the right of appeal ? In form they did not, but if it was such in substance and effect, it would clearly be a violation of the spirit if not of the very language of the constitution.
Whatever may be considered the nature and character of the decree, since the appeal was claimed, it is very clear that, at the time the legislature passed the resolve, it was in full force and virtue ; and had been for almost five years. The rights of heirs or creditors in the subject matter of that decree vested when it wras passed, and so remained undisturbed until the resolve
In addition to what has been remarked under this head, it maybe observed that there is no occasion for this species of particular legislative interposition. The cause of justice doés not require it. If the general law which gives authority to the judicial Courts to grant reviews, in special cases, is not sufficiently comprehensive in its terms or provisions, let this discretionary jurisdiction be enlarged, so as to embrace all those cases where a new trial ought to be had ; but let all the citizens be placed on the same level, and discuss the merits of their application before those tribunals where facts can be investigated and principles uniformly applied ; — in that forum where, if a review' should be granted, the cause would undergo its final investigation and decision. The genius of our government and the nature of our civil institutions are such as to render it most proper that all questions between litigating parties should be discussed and decided in a judicial Court; there is the place to settle questions of law ; and though they have often been presented to the legislature for their determination in the form of applications for new trials, nothing but a familiarity with this mode ofproceeding prevents our perceiving at once its impropriety and violation of the spirit of our constitutional provisions. The counsel for the appellants have appealed, by way of argument to this practice in ¿Massachusetts. To this several answers may he given. The practice commenced under the provincial government ; and the power seems to have been exercised by the legislature at that
It has been urged that a question almost precisely similar to this has been settled by the Supreme Court of the United States in the case of Calder and wife v. Bull & al. 3 Dall. 386. On examination, the cases differ essentially. At the time the legislature of Connecticut granted the appeal in that case, their authority was derived from the charter. The people of the State had formed no constitution, and the legislature of course were not restrained by any constitutional provisions, as is the case in this State. Several of the Judges, in giving their opinion, relied on this circumstance, and the usage shewing that the legislature had long exercised this species of judicial power. Such also was the view of this case taken by the Supreme Court of New-Hampshire in the case of Merrill, adm'r v. Sherburn & al. 1 N. H. Rep. 199. The appellants therefore can derive little orno support
As to the second inquiry, we perceive that many remarks and arguments particularly applicable to it have been anticipated in our consideration of the subject of the first inquiry. In the case of Propr's of Ken. Purchase v. Laboree & al. 2 Greenl. 275, we have decided that a law retrospective in its operations, acting on past transactions, and in its operation disturbing, impairing, defeating or destroying vested rights, is void, and can not and must not receive judicial sanction. We refer to that case for the reasons on which our opinion is founded. We have intimated in what manner the resolve is objectionable on this account. The decree of the Judge of Probate had settled all questions in relation to the account of the administrator which was the subject of the decree; and as no appeal was legally claimed, by the law of the land the door of investigation was completely closed; so that the account was not examinable in any form, by any judicial tribunal. Such a decree is a legal title to all claiming under it, or beneficially interested in it. If for instance by that decree the administrator stood charged with a balance in his hands of five thousand dollars, the disturbance of such decree would necessarily endanger and perhaps destroy the vested rights of heirs or creditors, in that sum. If by such a legislative act as the resolve in question, an existing absolute decree or judgment could be vacated, and persons interested therein be deprived of their rights in this summary manner, what security does the citizen enjoy in virtue of the section of the declaration of rights before cited, viz. “ Every person for an injury done him “ in his person, reputation, property or immunities, shall have “ remedy by due course of law?” But, for the reasons before assigned, we need not enlarge on this head of the cause; and therefore proceed to the consideration of the third inquiry.
All public laws, from their very nature and effects, are tobe considered as rules for future cases, prescribed for the benefit and regulation of the whole community. Laws of this description are considered as the guardians of the life, safety and rights of each individual in society. In these, each man has an interest, while they remain in force, and on all occasions he máy rightfully claim their protection; and all have an equal right to make this
Jlppeal dismissed.
After the foregoing opinion was delivered Preble J. observed that though he was not present at the argument of the cause, yet lie fully concurred in the correctness of the. conclusion at which his brethren had arrived; and the question decided, being an important and constitutional one, he thought it proper, on this occasion, to declare his concurrence.