Messenger v. State

Duckworth, Chief Justice.

The Constitution, art. 1, sec. 1, par. 21 (Code, Ann., § 2-121), declares: “There shall be no imprisonment for debt.” This unambiguous language leaves no room for equivocation, exception, or doubt. It simply means that the sovereign people, speaking through its Constitution, commands the three departments of the government — legislative, executive, and judicial — and all officials of those departments to refrain from imprisoning a single person for debt. The Constitution is plain and the duty is clear. Nevertheless, the legislative department has enacted Code §…