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Luther Vs. Borden
Cites for this judgment
- US Supreme Court
- Jan 01, 1849
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U.S. 1 (1849) U.S. Supreme Court Luther v. BordenSearch
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U.S. 7 How. 1 1 (1849) Luther v. BordenSearch
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be respected and enforced in its judicial tribunals. A question very similar to this arose in the case of Martin v. MottSearch
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of its decision, and to follow it. The judgment of the Circuit Court must therefore be affirmed. RACHEL LUTHER v. LUTHERSearch
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or commensurate with that of the people themselves, but rather coordinate with that of the legislature. Kendall v. UnitedSearch
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and be put and kept in successful operation. The judiciary can then act in conformity to and under them. Kemper v. HawkinsSearch
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Massachusetts v. RhodeSearch
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political bodies, and sometimes by officers, executive or military, so as not to be revisable here. See Decatur v. PauldingSearch
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alone. Several precedents in this court, as well as in England, show the propriety of it. In Foster et al. v. NeilsonSearch
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having been made in this manner, they must conform to. See also 6 Peters 31 U. S. 711 and Garcia v. LeeSearch
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U. S. 13 Peters 419. In The Cherokee Nation v. TheSearch
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and construe and enforce its treaty obligations. Justice Johnson seemed decisive that it was. In Massachusetts v. RhodeSearch
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tribunals unless agreed to be settled as a judicial question, and in the Constitution so provided for. Garcia v. LeeSearch
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ib., 37 U. S. 520 . In Barclay v. RusselSearch
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a political question, and a subject of treaty, and not of municipal jurisdiction. P. 434. In Nabob of the Carnatic v. TheSearch
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and Williams v. SuffolkSearch
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Rose v. HimelySearch
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Wheat. 634, and Gelston v. HoytSearch
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in power, the judiciary must sustain its belligerent rights, see 3 Sumner 270. In the case of the City of Berne v. TheSearch
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which is objected to as irregularly made, or those under the old territorial government therein. Semb. 46 U. S. v. JonesSearch
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validity of the statute on account of the political questions and objections just named. It was held also in Williams v. SuffolkSearch
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bound to follow the decision of the State tribunals on their own constitutions and laws. See cases in Smith v. BabcockSearch
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are given by Chief Justice Marshall with much clearness. It is only necessary to refer to his language in Elmendorf v. TaylorSearch
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Pain v. WillardSearch
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Grant v. GouldSearch
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see cases cited in Boston v. NorrisSearch
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to disperse, and, if not dispersing, he may afterwards call out the militia to aid in effecting it. Martin v. MottSearch
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a refusal to obey such a military summons may be punished in due form, without doubt, by a court-martial. Houston v. MooreSearch
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where the rebellion, or violent resistance, and even treason, as adjudged by the courts of law in The United States v. TheSearch
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Johnson v. DavisSearch
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from the scene of military operations, nor after the resistance is over, nor to persons not connected with it. Grant v. GouldSearch
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or property of citizens against whom no probable cause exists which Page 48 U. S. 84 may justify it. Sutton v. JohnstonSearch
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the sufferer is always allowed to resort, as here, to the judicial tribunals for redress. 4 Taunt. 67, and Baily v. WarderSearch
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for it, which can be granted on motion below to amend the pleas in justification. Orders MARTIN LUTHER v. LUTHERSearch
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the judgment of the said Circuit Court in this cause be and the same is hereby affirmed, with costs. RACHEL LUTHER v. LUTHERSearch
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U.S. Supreme Court Luther v. BordenSearch
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of Martin v. MottSearch
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Rachel Luther V. LutherSearch
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Kendall v. UnitedSearch
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Kemper v. HawkinsSearch
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See Decatur v. PauldingSearch
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and Garcia v. LeeSearch
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In The Cherokee Nation v. TheSearch
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In Massachusetts v. RhodeSearch
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Garcia v. LeeSearch
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In Barclay v. RusselSearch
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In Nabob of the Carnatic v. TheSearch
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