Court : US Supreme Court
..... an indemnity. the precise mode in which this protection of the collector was to be accomplished, or his indemnity secured, it is true, the court has not explicitly declared; but it is thought to be no forced construction of their language to explain it as sanctioning a right of retainer in the collector of the funds received ..... the federal tribunals, and the modes of their action and authority, have been, and of right must be, the work of the legislature. the existence of the judicial act itself, with its several supplements, furnishes proof unanswerable on this point. the courts of the united states are all limited in their nature and constitution, and have not ..... which relief, when the money had been paid into the treasury, could not before be obtained except by means of an act of congress. it was therefore an auxiliary provision to the general rights of action secured to the party by the common law, and not in extinguishment or suspension of it. whether the clause clothed the secretary .....
Tag this Judgment!Court : US Supreme Court
..... few exceptions, by our state chancery courts as altogether putting the rule upon its proper footing. indeed it is not too much to say that it has secured the triumph of the rule over all qualifications and relaxations of it in the united states, to the same extent that had been achieved for it in england ..... cannot be disturbed; that the account presented by the executors was duly homologated by the court of probates, and that judgment of homologation has also acquired the force of res adjudicata. the respondents also deny that the executors, in placing themselves as creditors of the succession in their account and in ratifying that account under ..... parties." "and the said jean francois girod moreover declared that he sells, abandons, transfers, and sets over, without any other warranty than that arising of his personal acts and deeds, but with substitution and subrogation to all the warranties which have been given to them by their original vendors, unto the said nicolas girod, his brother .....
Tag this Judgment!Court : US Supreme Court
..... debtor was at liberty to deal with the property as his own, and it remained in his possession, subject to any charge or lien impressed upon it either by the act of the party or by operation of law the same after the forthcoming bond as before the entry of the original judgment. possibly as between the parties the judgment revived ..... the delay and expense of a second suit upon the bond, by giving to it after forfeiture the force of a judgment against all the obligors therein, with a consequent right to have execution on the same, and also to provide, that no security should be taken on the execution which is sued out upon the new judgment." it will be seen ..... the lien, and let in that of the junior judgment of clarke, so as to give it the preference. this raises the principal question discussed in the case. by the act of 1827, laws of miss., 123, 2, the sheriff or other officer is required, upon the levy of an execution upon personal property, to take a bond, if tendered, with .....
Tag this Judgment!Court : US Supreme Court
..... no doubt whatsoever that the states, in virtue of their general police power, possess full jurisdiction to arrest and restrain runaway slaves and remove them from their borders and otherwise to secure themselves against their depredations and evil example, as they certainly may do in cases of idlers, vagabonds, and paupers." prigg v. pennsylvania, 16 pet. 625 ..... to them by the constitution. every pilot law in the commercial states has, it is believed, been either modified or passed since the act of 1789 adopted those then in force, and the provisions since made are all void if the restriction on the power of the states now contended for should be maintained, and the ..... on imports and exports except what may be absolutely necessary for executing its inspection laws," "and the acts of congress, in pursuance of the aforesaid several clauses of said constitution of the united states now existing in full force, which objections were, at the trial of said cause before said court, taken by the said .....
Tag this Judgment!Court : US Supreme Court
..... england, as defining the nature and as furnishing the best protection of his rights. he uniformly clings to these as constituting at once his birthright, his pride, and his security. vide 1 bl.comm. 127, 128. would it not be most strange, then, with this strong tenacity of adherence to their peculiar national polity and institutions, that ..... the land, because, "if the admiralty has jurisdiction over the subject matter, to say that it is necessary for the parties to go upon the sea to execute the instrument borders on absurdity." see menetone v. gibbons, 3 d. & e. 267-269; 2 lord raym. 982; 2 h.bl. 164; 8 u. s. 4 cranch 328; paine ..... the constitution, and by the eleventh section of the judiciary act, with respect to controversies between citizens of the same state. a jurisdiction substituting, too, for the invaluable safeguard to truth secured by confronting the witness with court and jury, a machinery by which the aspect and the force of testimony are graduated rather by the address and skill .....
Tag this Judgment!Court : US Supreme Court
..... , or even one of her sister states, might endeavor to thrust upon her; nor the right of any state, whose domestic security might be endangered by the admission of free negroes, to exclude them from her borders. this right of the states has its foundation in the sacred law of self-defense, which no power granted to congress can ..... often been so held, as if they had been specially enacted by congress. a repeal of them by the state, unless future changes in the acts be also adopted, does not affect their force in regard to federal action. in the above instances it has been deemed proper for congress to legislate by adopting the law of the states. and ..... to as commercial regulations. that these laws do regulate commerce, to a certain extent, is admitted; but from what authority do they derive their force? certainly not from the states. by the fourth section of the act of 7 august, 1789, it is provided "that all pilots in the bays, inlets, rivers, harbors, and ports of the united states shall .....
Tag this Judgment!Court : US Supreme Court
..... front tract bordered, and where there were similarly situated tracts, so that each claimant could not obtain a quantity equal to his front grant, it was made the duty of the surveyor to divide the vacant land between the several claimants in such manner as to him might appear most equitable. to gratify preemptions claims secured by the act, no township ..... surveyed before the time for making entries expired. by the seventh section of the act of may 11, 1820, the fifth section of the act of march 3, 1811, was renewed, and continued in force until may 11, 1822; and by the act of june 15, 1832, the act of 1811 was again renewed for three years, with some slight amendments; and by ..... the act of february 24, 1835, the time was further extended to june 15, 1836. .....
Tag this Judgment!Court : US Supreme Court
..... did not belong to the state of arkansas, but were held by it in trust "to be appropriated solely for the use of the seminary." the money, of course, secured to be paid by the purchaser partook of the same character. the bonds were made payable to the governor or his successor in office. and it appears, as stated in ..... institution shall be received in all payments of debts due to the state of arkansas," that the notes of the bank tendered were issued while this section was in full force, and which constituted a contract to receive them in payment of debts by the state, which the state could not repudiate, &c.; there was a demurrer to the plea, ..... the public lands within said territory, for the use and support of a university within said territory. on 23 june, 1836, congress passed another act, 5 stat. 38, entitled "an act supplementary to the act entitled an act for the admission of the state of arkansas into the union,' and to provide for the due execution of the laws of the united states .....
Tag this Judgment!Court : US Supreme Court
..... and on the navigable waters of the west are denied the benefits of the same courts and the same jurisdiction for its protection which the constitution secures to the states bordering on the atlantic. the only objection made to this jurisdiction is that there is no tide in the lakes or the waters connecting them, and ..... territories, as broadly and independently as it is exercised by the old thirteen states, whose rivers are tidewaters and where the admiralty jurisdiction has been in full force ever since the adoption of the constitution. the case of the thomas jefferson did not decide any question of property, or lay down any rule by which ..... at this early period of the government, is certainly entitled to great consideration. the same definition is in effect again recognized by congress by the passage of the act which we are now considering. we have therefore the opinion of the legislative department of the government, twice deliberately expressed, upon the subject. these opinions, of course .....
Tag this Judgment!Court : US Supreme Court
..... to page 53 u. s. 318 have been adopted by congress, and thus made a law of the united states, and so valid. because this act does, in effect, give the force of an act of congress, to the then existing state laws on this subject, so long as they should continue unrepealed by the state which enacted them. but ..... created by state laws regulating pilotage, deeply affecting that equality of commercial rights and that freedom from state interference which those who formed the constitution were so anxious to secure and which the experience of more than half a century has taught us to value so highly. the apprehension of this danger is not speculative merely. for, in ..... on some boats performing weekly trips to that city, amounts to from $3,000 to $4,000 annually. what is there to prevent the thirteen or fourteen states bordering upon the two rivers first-named from regulating navigation on those rivers, although congress may have regulated the same at some prior period? i speak not of the effect .....
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