us the case, on the bonds, was to be taken from the high tribunal
(where it was then pending) created by the Constitution, and chosen by
the people, and transferred to a revenue judge to be appointed by the
repudiating Governor and Legislature of 1842, of course a mere executive
parasite, or legislative minion, placed on the bench to repudiate the
bonds. Fortunately, such an appointment was forbidden expressly by the
Constitution, and would have been disregarded by the court; so this
attempted usurpation failed.

The Governor says in that message:

'It never was intended by the framers of the Constitution, that
every public creditor should be permitted to harass the State
at pleasure by vexatious suits. Neither the judgment of a court
nor the decree of the Chancellor _can be obligatory on the
Legislature_,' &c. (P. 17.)

In conformity with this recommendation of the Governor, the Legislature
passed a series of resolutions declaring that 'the Legislature is the
exclusive judge of the objects for which money shall be raised and
appropriated by its authority,' &c.; that the Legislature has no right
to 'levy or appropriate money for the purpose of executing the object of
a law, by them deemed repugnant to, or unauthorized by the
Constitution;' that the 'Supplemental (Union Bank) Bill is
unconstitutional;' that 'the bonds delivered by said bank, and by it
sold to Nicholas Biddle on the 18th August, 1838, are not binding upon
the State,' &c. (Acts of 1842, ch. 127.) But, unfortunately for these
positions, the Constitution of the State had deprived the Legislature of
all 'judicial power;' it had vested this power exclusively in 'the
courts;' it had, in the very case of all bonds of the State, required
and commanded the Legislature to designate the _courts_ in which such
cases should be decided; it had, by the act of 1833, passed in obedience
to the imperative mandate of the Constitution, referred all such cases
to the decision of the Court of Chancery, with appeal to the High Court
of Errors and Appeals; it had made their decision conclusive; it had
already appropriated the money, to pay _all such decrees_, and made it
the _duty_ of the Governor to command the Auditor to draw his warrant on
the Treasurer for payment: this was the constitution of the law when
these bonds were issued and sold in 1838--such was the _contract_ of the
State, in regard to which the Federal Constitution declares, 'no State