Court : US Supreme Court
..... not parties to this last proceeding. it seems to have originated between the dissenting commissioner and the secretary of the treasury, who were under the impression that the sixth section of act of 2 march, 1805, which required the government agent "to examine into and investigate the titles and claims, if any there be, to the lead mines within the ..... controversy during the argument as to the proper translation.) "on the 11th of april, 1810, the united states agent laid before the board of commissioners, in pursuance of section 6 of act of 2 march, 1805, 2 statutes at large 328, a list of documents, which list embraces this claim, pertaining to lead mines and salt springs in the territory ..... to miners the right to dig on the land for lead. on the 5th of january, 1833, the following order was issued by the major general of the united states army: (this was an order to remove the settlers by force.) see p. 28, sen.doc. 350, 1st sess. 28th cong. in pursuance of this order, a military .....
Tag this Judgment!Court : US Supreme Court
..... for grants made for the purposes of grazing and cultivating; nor had the governor of a territory power to grant for any other purpose. the 11th section of the act of 1824 reserved the power to the supreme executive to alienate lands in the territories in favor of civil or military officers of the federation. this grant ..... should be allotted for and given to major general nathaniel greene his heirs and assigns within the bounds of the lands reserved for the use of the army, to be laid off by the aforesaid commissioners "as a mark of the high sense the state entertained of the extraordinary services of that brave and ..... registered in the respective book, and let this record of proceedings be transmitted to the most excellent departmental assembly, for its approval." "manuel micheltorrena" " brigadier general of the mexican army, adjutant general " " of the staff of the same, governor and commandant general " " of the department of the californias " "whereas, don juan b. alvarado, colonel of .....
Tag this Judgment!Court : US Supreme Court
..... the unauthorized transactions between the parties. and so again as to the case of the united states v. jones, who was surety in the bond of an army contractor. the transcript contained charges against the contractor for bills of exchange drawn by him and paid to other persons. the court regarded this operation as not within ..... seal of the department, shall be admitted in evidence. and the act of march 3, 1817, directs that all accounts whatever in which the united states are concerned, either as debtors or creditors, shall be settled and adjusted in ..... several sums of money charged against him, and that authenticated copies of his receipts ought to have accompanied the transcript. but this objection cannot be maintained. the act of 1797 page 58 u. s. 439 provides that a transcript from the books and proceedings of the treasury, certified by the register and authenticated under the .....
Tag this Judgment!Court : US Supreme Court
..... , and also to the regularity of the appeal from the board of commissioners -- assuming the court had jurisdiction which it will be necessary first to notice. by the 8th section of the act already referred to, it was made page 58 u. s. 532 the duty of the commissioners, within thirty days after their decision, to certify the same, with the ..... the board of commissioners. the question of practice in the particular case is rather a matter of form than of substance. it is objected further that the 12th section of the act of 1852 makes no provision for notice to the party in whose favor the decision has been rendered by the commissioners, of the appeal to the district court, ..... , the grantee in this case, was a civilized indian, was a principal chief of his race on the frontiers of california, held a captain's commission in the mexican army, and is spoken of by the witnesses as a brave and meritorious officer. our conclusion is that he was one of the citizens of the mexican government at the time .....
Tag this Judgment!Court : US Supreme Court
..... construction be given as the power of the governor to grant to a single person was limited so as not to exceed this quantity, according to the 12th section of the decree of the mexican congress of the 18th august, 1824. the decree of the commissioners, and also of the district court, very properly limited ..... on the 4th november the patent was issued, in the following terms: "[l.s.]" "[maritime custom house, monterey]" "the citizen manuel micheltorena, general of brigade of the mexican army, adjutant-general of the staff of the same, governor, commandant-general, and inspector of the department of californias." "[l.s.]" "[govern't of the department of the californias ..... paper, there being none of the corresponding paper." "[signed] manuel jimeno" "monterey, april the 21, 1846" and on the 3d june, the same year, that body acted upon the application of which we have the following record: "angeles, june 3, 1846" "account having been given in today's session to the excellent departmental assembly, .....
Tag this Judgment!Court : US Supreme Court
..... the authority of the secretary of the navy in the premises." the reason alleged for this refusal by the accounting officer is that by his construction of the second section of the act of 3d of march, 1835, c. 27, the secretary of the navy had no authority to make such appropriation of the funds of the government page 59 ..... especially freed from any rule of interpretation so uncertain as mere conjecture. by this law, after regulating the pay of naval officers of every grade, it is declared, section 2: "that no allowance shall hereafter be made to any officer in the naval service of the united states for drawing bills, for receiving or disbursing money, or transacting ..... or vessels are employed on distant service, there may be resort to medical or surgical aid; in such an instance, the persons called in would be engaged for the army, the fleet, or the corps generally at regulated rates, and the account for such services would be settled and certified in conformity with such rules or rates; but .....
Tag this Judgment!Court : US Supreme Court
..... the writ must be denied. marbury v. madison, 1 cranch 137; 1 peters condensed rep. 267. if the latter, then it may be awarded, since the judiciary act of 1789, sec. 14, has clearly authorized the court to issue it." "this was decided in the case ex parte hamilton, 3 dall. 17; ex parte bollman & swartwout, 4 cranch ..... . in such cases, the president has acted exclusively under the power as it is expressed in the constitution. this case raises the ..... since the commencement of the present government. sundry provisions have been enacted regulating its exercise for the army and navy in virtue of the constitutional power of congress to make rules and regulations for the government of the army and navy. no statute has ever been passed regulating it in cases of conviction by the civil authorities .....
Tag this Judgment!Court : US Supreme Court
..... .;, is referred to as affording the authority to this court to pronounce the sentence which the supreme court of missouri felt themselves constrained to refuse. that section of the act prohibits slavery in the district of country west of the mississippi, north of thirty-six degrees thirty minutes north latitude, which belonged to the ancient province ..... the federal constitution was adopted, or which that government was designed to accomplish. each of the states surrendered its powers of war and negotiation, to raise armies and to support a navy, and all of these powers are sometimes required to preserve a state from disaster and ruin. the federal government was constituted to ..... further question whether anything was there rightfully done by the plaintiff to cause those personal statutes to operate on him. dr. emerson was an officer in the army of the united states. he went into the territory to discharge his duty to the united states. the place was out of the jurisdiction of any particular .....
Tag this Judgment!Court : US Supreme Court
..... similar laws. see 7 louis.an.r. 192. congress, from an early period, and in repeated instances, has legislated in a similar manner. by the fifteenth section of the "act to lay and collect a direct tax within the united states," of july 14, 1798, the supervisor of each district was authorized and required to issue a warrant ..... the amount of the default, and. by such warrant. proceed to collect it. without a wearisome repetition of details, it will be sufficient to give one section from the massachusetts act of 1786: "that if any constable or collector, to whom any tax or assessment shall be committed to collect, shall be remiss and negligent of his duty ..... lay and collect taxes, duties, imposts, and excises; to pay the debts, and provide for the common defence and welfare of the united states, to raise and support armies; to provide and maintain a navy, and to make all laws which may be necessary and proper for carrying into execution those powers." what officers should be appointed to .....
Tag this Judgment!Court : US Supreme Court
..... was admitted as a state into the union, the lot was below high water mark. in order to show themselves entitled to the lot in question under the second section of the act cited, the plaintiffs below produced the following documents: 1. a grant by john w. geary, first alcalde of san francisco, to thomas sprague dated january 3, 1850, reciting the ..... be for the benefit of the town of san francisco." it was agreed by the parties at the trial that the lot sued for is included in the first section of the act of march 26, 1851, already cited, and also within the locality of the kearney grant, that it is no part of any government reservation, and that on the ..... the rincon and fort montgomery, excepting such lots as may be selected for the use of the general government page 60 u. s. 326 by the senior officers of the army and navy now there, provided the said ground hereby ceded shall be divided into lots, and sold by public auction to the highest bidders, after three months' notice previously given .....
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