Hollingsworth v. Virginia

• Decision Date: 01 February 1798
• Citation: 3 Dall. 378,1 L.Ed. 644,3 U.S. 378
• Parties: Hollingsworth, et al. v. Virginia
• Court: U.S. Supreme Court

3 U.S. 378

3 Dall. 378

1 L.Ed. 644

Hollingsworth, et al. v. Virginia.

February Term, 1798.

The decision of the Court, in the case of Chisholm, Ex'or. versus Georgia, (2 Dall. Rep.419) produced a proposition in Congress, for amending the Constitution of the United States, according to the following terms:

'The Judicial power of the United States shall not be construed to extend to any suit in law and equity, commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state.'

The proposition being now adopted by the constitutional number of States, Lee Attorney-general, submitted this question to the Court, Whether the Amendment did, or did not, supersede all suits depending, as well as prevent the institution of new suits, against any one of the United States, by citizens of another State?

W. Tilghman and Rawle, argued in the negative, contending, that the jurisdiction of the Court was unimpaired, in relation to all suits instituted, previously to the adoption of the amendment. They promised, that it would be a great hardship, that persons legally suing, should be deprived of a right of action, or be condemned to the payment of costs, by an amendment of the Constitution ex post facto; 4 Bac. Abr. 636 7. pl. 5. And that the jurisdiction binder, before regularly established, the amendment notwithstanding the words 'shall not be construed,' etc. must be considered, in fact, as introductory of a new system of judicial authority. There are, however, two objections to be discussed: 1st. The amendment has not been proposed in the form prescribed by the Constitution, and, therefore, it is void. Upon an inspection of the original roll, it appears that the amendment was never submitted to the President for his approbation. The Constitution declares that 'every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, etc.' Art. 1. s.7. Now, the Constitution, likewise declares, that the concurrence of both Houses shall be necessary to a proposition for amendments. Art. 5. And it is no answer to the objection, to observe, that as two thirds of both Houses are required to originate the proposition, it would be nugatory to return it with the President's negative, to be repassed by the same number; since the reasons assigned for his disapprobation might be so satisfactory as to reduce the majority below the constitutional proportion. The concurrence of the President is required in matters of infinitely less importance; and whether on subjects of ordinary legislation, or of constitutional amendments, the expression is the same, and equally applies to the act of both Houses of Congress.

2nd. The second objection arises from the terms of the amendment itself. The words 'commenced or prosecuted,' are properly in the past time; but, it is clear, that they ought not to be so gramatically restricted; for, then, a citizen need only discontinue his present suit, and commence another, in order to give the court cognizance of the cause. To avoid this evident absurdity, the words must be construed to apply only to suits to be 'commenced and prosecuted.' The spirit of the constitution is opposed to every thing in the nature of an ex post facto law can be passed by the Legislature of any individual State. Ibid. s. 10. It is true, that an amendment to the Constitution cannot be controuled by those provisions; and if the words were explicit and positive, to produce the retrospective effect contended for, they must prevail. But the words are doubtful; and, therefore, they ought to be so construed, as to conform to the general principle of the Constitution.^* In 4 Bac. Abr. 650. pl.64. it is stated, that 'a statute shall never have an equitable construction, in order to overthrow an estate;' but, if the opposite doctrine prevails, it is obvious that many vested rights will be affected, many estates will be overthrown. For instance; Georgia has made and unmade grants of land, and to compel a resort to her courts, is, in effect, overthrowing the estate of the grantees. So, in the same book (p. 652.pl.91. 92.) it is said, that 'a statute ought to be so construed, that no man, who is innocent, be punished or endamaged;' and 'no statute shall be construed in such manner, as to be inconvenient or against reason:' whereas the proposed construction of the amendment would be highly injurious to innocent persons;...