by John Marshall

“ The United States demurred, and the Circuit Court gave judgment on the demurrer, pro forma, for the defendants; which judgment is now before this Court on a writ of error.
It is not denied, that at Common Law, the release of a debtor whose person is in execution, is a release of the judgment itself. Yet the body is not satisfaction in reality, but is held as the surest means of coercing satisfaction. ”

“ The law will not permit a man to proceed at the same time against the person and estate of his debtor; and when the creditor has elected to take the person, it presumes satisfaction, if the person be voluntarily released. The release of the judgment is, therefore, the legal consequence of the voluntary discharge of the person by the creditor.
This being the positive operation of the Common Law, it may unquestionably be changed by statute.
The United States contend, that it is changed by the Act providing for the relief of persons imprisoned for debts due to the United States. ”

“ The second point made by the counsel for the defendants, that the sureties are exonerated by the compromise made with the principal without their concurrence, is the same in principle with that which has been considered. ”