McNealy v. Gregory

Citations

• 13 Fla. 417

Syllabus

<p>1. The courts of this State derive their jurisdiction from the State constitution. They cannot assume jurisdiction not granted, or which is denied, although the effect may be that the obligation of a contract cannot be enforced. The jurisdiction of the courts is no part of the obligation of a contract. The last clause of section 26, article xvi. of the constitution, provides that “ all judgments and decrees rendered in any of the courts of this State since the 10th day of January, A. D. 1861, upon all deeds or bills’ of sale, or upon any bond, bill, note, or other evidence of debt, based upon the sale or purchase of slaves, are hereby declared set aside, and the plea of failure of consideration shall be held a good defence in all actions to said suit.” Held,</p> <p>2. That this action is legislative, not judicial; that it prescribes a rule for the action of the courts in reference to a particular class of judgments upon their records; that it is a law operating retrospectively upon the contract; that its effect is to make that which was a good consideration for a contract, at the time and place it was entered into, not a good consideration ; that this is to destroy the obligation of the contract, and it is therefore void. The abolition of slavery or the emancipation of the slave does not destroy the right of action whicha vendor of the slave so emancipated has against the vendee, who owned the slave at the time of his emancipation, and any action of a convention of this character, which directs the courts to hold otherwise, is void, as it impairs the obligation of the contract.</p> <p>3. If the purpose of the convention in this clause was to destroy all the right of the plaintiff in execution in this judgment, as a punishment for making this species of property the subject of sale, or for any other act, then, viewed in this aspect, it becomes a bill of pains and penalties, and is void. ^</p> <p>4. If it is regarded as the exercise of judicial power by the convent