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If civil society be the offspring of convention, that convention must be its law. That convention must limit and modify all the descriptions of constitution which are formed under it. Every sort of legislature, judicial, or executory power, are its creatures.
The young men strolled off to his sugar-camp during the forenoon, lounged learnedly about, evincing little interest in the camp and surroundings, although the deepening season had filled the woods with flowers and birds; and Bart wondered whether "Coke on Littleton," and executory devises, and contingent remainders, had produced in them their natural consequences.
That convention must limit and modify all the descriptions of constitution which are formed under it. Every sort of legislative, judicial, or executory power are its creatures. They can have no being in any other state of things; and how can any man claim, under the conventions of civil society, rights which do not so much as suppose its existence, rights which are absolutely repugnant to it?
The decision of the majority, speaking through Justice Washington, laid down the principle that the obligation of a private executory contract cannot be said to be "impaired" in a constitutional sense by the adverse effect of legislative acts antedating the making of the contract; and thus the dangerous ambiguity of Sturges vs. Crowinshield was finally resolved in favor of the States.
In most civilized nations there is a recognized form of proceeding by which a judgment of a foreign court, fairly rendered after giving a proper opportunity to the defendant for a hearing, can be enforced by process from a domestic tribunal. This is styled making the foreign judgment executory.
Historically it is equally without basis, for the intention of the obligation of contracts clause, as the evidence amply shows, was to protect private executory contracts, and especially contracts of debt. * In actual practice, on the other hand, the decision produced one considerable benefit: in the words of a contemporary critic, it put private institutions of learning and charity out of the reach of "legislative despotism and party violence."
They hoped for a safe-conduct, a revision of judgment, but he was none the less under sentence of death, executory in twenty-four hours. "So you refuse to tell me whom you expect here in an hour at midnight." "I refuse." But a sudden impulse took possession of the sufferer's mind.
But as the purposes for which witnesses were provided only required their presence when property changed hands, the principal case in which they could be of service between the parties to a bargain was when a debt was claimed by reason of the delivery of property. The purpose did not extend to agreements which were executory on both sides, because there no question of theft could arise.
The people of a free commonwealth, who have taken such care that their laws should be the result of general consent, cannot be so senseless as to suffer their executory system to be composed of persons on whom they have no dependence, and whom no proofs of the public love and confidence have recommended to those powers, upon the use of which the very being of the state depends.
By this operation, two systems of Administration were to be formed: one which should be in the real secret and confidence; the other merely ostensible, to perform the official and executory duties of Government. The latter were alone to be responsible; whilst the real advisers, who enjoyed all the power, were effectually removed from all the danger.
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