Habeas Corpus a Response to Mr Binney volume 1

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Habeas Corpus a Response to Mr Binney volume 1
S S Samuel Smith Nicholas
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Binney does attempt to do, but contents himself with referring to certain abuses of the power which would be a violation of the spirit of the Consti- tution, tin' result of which being merely a moral oensure on Con- . Leaving such abuses to have lull effect, without any legal check. Sixty years ago Congress thought proper to repeal out of exist- ence the whole then batch of inferior courts, and establish others in their place. Suppose this bad been done by two different bills, and that, after p...assing the repealing bill, sonic casualty had, for ! the passage of the other, the establishing bill ; [9] that fact would not have impaired the legal validity of the re- pealing act. No judge would have been mad enough to attempt to exercise his repealed powers. At the time of the abolition of imprisonment for debt, it was a prevalent opinion in the profession that there was no other suffi- ciently efficient remedy to enforce the payment of debts. Suppose that opinion to have been indisputably correct, would such gross abuse of power in leaving the courts without the proper remedial process upon so important a subject have invalidated the act repeal- ing to ca sa ?

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