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White v. Hart U.S. 646 (1872)

handle is hein.slavery/ussccases0353 and id is 1 raw text is: 646 WHITE V. HART. [Sup. Ct. Syllabus. bar affected not the court, but the officer of the army and of the treasury, whose duty it would otherwise have been to, adjust and liquidate such demands. When the restriction was removed the jurisdiction and authority of those officers, and not of the court, was revived. The phrase 1settlernent, used in the resolution, has reference to executive and not to- judicial action. The context of the two acts and the resolu- tion point clearly to, this construction of the latter. The remedy of the appellees, if they are entitled to any, must be sought at the hands of the executive or legislative depart- ment of the government. The jAdicial department is incom- petent to give it. In our opinion, the Court of Claims erred in taking juris- diction of either of the claims outside of the contract. The United Slates v. Bussell* is. clearly distinguished by its cou- trolling facts from the present case. It is not intended, to impugn anything said by the court in that case. JUDGMENT REVERSED, and the cause remanded with direc- tions to enter a judgment IN CONFORMITY TO THIS OPINION. WHITE V. HART. 3. The Constitution adopted by Georgia, A.D. 1868, by which it was pro'- vided that no court or officer shall have, nor shall the General Assembly give, jurisdiction to try, or give judgment on, or enforce any debt, the consideration of which was a slave, or the hire thereof, is to be regarded by the court as voluntarily adopted by the State named, and not as adopted under any dictation and coercion of Congress. Congress having received and rec- ognized the said Constitution as the voluntary and valid offering of thp. State of Georgia, this court is concluded by sucb action of the political department of the government. 2. At no time during the rebellion were the rebellious States out of the pale of the Union. Their conhtitutional duties and obligations remained unaffected by the rebellion. They could not then pass a law impairing the obligation of a contract more than before the rebellion, or now, since. * Supra, p. 623.

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