Court : US Supreme Court
..... of the united states which declares that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states;" that the court should look behind the act of incorporation and see who are the members of it, and if in this case it should appear that the corporation of the bank of augusta consists altogether of citizens of the state of georgia ..... lombard bank, chartered by new jersey, by agents undertook to do banking business in new york, and there discounted the check which was the subject of the suit in violation of the restraining acts of 1813 and 1818, the first of which enacts that no person unauthorized by law shall become a member of any association for the purpose of issuing notes or transacting any other business which ..... 's conflict of laws 37 that "in the silence of any positive rule affirming or denying or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government unless they are repugnant to its policy ..... the majority of the court having in its opinion conceded that alabama might make laws to prohibit foreign banks to make contracts, thereby admitted by implication that she could make laws to permit such contracts, i think it would have been proper to have left the power there, ..... act protected the privileges of her own banks in relation to bank notes only, and contains no prohibition against the purchase of bills of exchange or against any other business by foreign .....
Tag this Judgment!Court : US Supreme Court
..... which said judgment was founded, and also the opinion and judgment of said supreme judicial court of massachusetts, in the application and construction of said acts to the sales of imported foreign liquors and spirits by the said thurlow, are repugnant to and inconsistent with the provisions of the constitution, treaties, and laws of the united states insofar as the ..... the affirmative grants of power to congress in these instances did not deprive the states from exercising the power until congress acted, it is now too late, under existing circumstances, for this court to say that the similar affirmative power to regulate commerce with foreign nations and among the states shall be held an exclusive power in congress, as it could no more be done ..... and the question submitted for our consideration is whether the state law, and the judgment founded on it, are repugnant to the acts of congress authorizing the importation of wines, brandies, and other foreign spirits, and it is proper to remark that our jurisdiction and power to interfere involve the question merely of repugnance or no repugnance; if repugnance ..... counsel, who have contended that liberty to import implies on the part of the states a duty to encourage, if not to enforce, the consumption of foreign merchandise, arising, it is affirmed, from a farther duty incumbent on the states to regard a priori the acts of the federal government as wisest and best, and therefore imposing an obligation on the states for cooperation with them. .....
Tag this Judgment!Court : US Supreme Court
..... nor was the will ever proven or recorded, in kentucky, to the defendant's knowledge; nor was it the right or duty of the executors to interfere with the testator's property situated in any foreign jurisdiction beyond the limits of south carolina, where the testator was domiciled at the time of his death. ..... , the sum of ten thousand and thirty-seven dollars and thirty-six and one quarter cents, in full of his actings and doings on the said estate up to this date, as per his account current this day rendered to the ordinary ..... apparent devise of the testator when trustee directing land to be turned into money and to go to certain legatees or cestui que trusts, will look to substance, rather than form, will consider the act as done at once which is directed to be done, and the land as money, and thus to be passed to those entitled to it. ..... although the bill made no distinction between the two characters in which the executor acted -- namely as executor proper and as executor having a power coupled with a trust -- yet, as no objection was taken in the court below upon this ground, this court does not think ..... so "it is a settled principle of equity that when a person undertakes to act as an agent for another, he cannot be permitted to deal in the matter of that agency upon his own ..... being liable, then, in alabama, if at all, for the acts done in respect to these lands, it is next to be considered whether samuel savage or his representatives are responsible for them to the complainants at all, .....
Tag this Judgment!Court : US Supreme Court
..... the sole guide and limit to her legislature until she formed a new constitution, it seems clear that her legislature had no right, on the 25th of june, 1842, to put the whole state under martial law by any act of parliament in force in england in 1663 or in 1776, because none such was then in force there, nor by any clause whatever in her charter, as will soon be shown, nor by any usages in her ..... proper for a change, and whether, if peacefully completed, violence can afterwards be legally used against them by the old government, if that is still in possession of the public property and public records, whether what are published and acted on as the laws and constitution of a state were made by persons duly chosen or not, were enrolled and read according to certain parliamentary rules or not, were in truth voted for by a majority or two ..... choice of delegates, in conformity with said notice, to meet in convention to form a draft of a constitution to be laid before the people of this state, and he offered the chairman presiding at said meetings, and the persons acting as clerks of the same, the votes or ballots then and there cast by the persons voting thereon, and of the persons then and there voting, to prove the aforesaid facts, and to prove the number of citizens ..... jun. 56, the court decided that political treaties between a foreign state and subjects of great britain, conducting as a state under acts of parliament, are not a matter of municipal jurisdiction, and to be examined .....
Tag this Judgment!Court : US Supreme Court
..... he was on board said ship on foreign service, and his detention was deemed essential to the public interests by the said commander, then it was lawful for the said defendant, commander as aforesaid, to detain the said plaintiff on board the said ship ..... said contract and received the said bounty, but that he was, previous to the said alleged grievances, an enlisted marine on board the said united states ship vincennes, a public vessel of the united states employed on foreign service under the command of the defendant, and that the defendant was the commander of the expedition on which she was employed, and the time of service of the said plaintiff, enlisted as aforesaid, expired while ..... and said howle testified, he being examined as a witness, that by the rules and regulations of said corps, the said forms of said enlistment were required to be endorsed by the recruiting officer, for the purpose of identifying the officer by whom such enlistment was made, and that such enlistment was regularly made. ..... . this, therefore, without proof of malice, is not actionable, nor does it amount to putting a seaman on shore in a foreign country to desert him there, contrary to the act of congress, as that must be done maliciously, and then is properly punishable by statute no less than on principles of admiralty .....
Tag this Judgment!Court : US Supreme Court
..... that is that although florida had, by cession, actually become a part of the united states, and was in our possession, yet, under our revenue laws, its ports must be regarded as foreign until they were established as domestic, by act of congress, and it appears that this decision was sanctioned at the time by the attorney general of the united states, the law officer of the government. ..... 606 "whether tampico, in the year 1847, while in the military occupation of the forces of the united states, ceased to be a foreign country within the meaning of the first section of the act of congress passed 30 july, 1846, entitled, 'an act reducing the duty on imports, and for other purposes,' so that goods, wares, and merchandise of the produce, growth, and manufacture of mexico, or any part thereof, imported into the port of philadelphia from tampico during ..... and we are entirely satisfied that, under the constitution and laws of the united states, tampico was a foreign port within the meaning of the act of 1846, when these goods were shipped, and that the cargoes were liable to the duty charged upon them. ..... and all of them, so far as they apply, maintain that under our revenue laws, every port is regarded as a foreign one unless the custom house from which the vessel clears is within a collection district established by act of congress and the officers granting the clearance exercise their functions under the authority and control of the laws of the united states. .....
Tag this Judgment!Court : US Supreme Court
..... but reissued on the 15th day of january, 1846, and afterwards finally reissued on the 13th of june, 1848, in their bill exhibited and read on the hearing of this cause, are valid and effectual acts of the government, and that the complainants are thereby, and by the assignments by them in their bill alleged, vested with the exclusive rights thereby granted. ..... the policy and spirit of the act are to grant privileges to a certain class of persons which they did not enjoy before; to encourage the introduction of foreign inventions and discoveries, and not to deprive our own citizens of a right heretofore enjoyed or to affect an entirely different class of cases when the applications had been filed here before a ..... act of 1836, as we have shown, had given a privilege to foreign patentees to have a patent within six months after date of such foreign ..... the policy of this act was to encourage foreign inventors to introduce their inventions to this country, but in doing so it evinces no intention of limiting our own citizens by taking away from them rights which they ..... ;, as provided in the act of 4 july, 1836, to which this is additional, by reason of the same's having been patented in a foreign country more than six months prior ..... the act of congress provides that when the patentee believes himself to be the first inventor, a previous discovery in a foreign country shall not render his patent void unless such discovery, or some substantial part of it, had been before patented or described in .....
Tag this Judgment!Court : US Supreme Court
..... interfered with no right which the creditor had acquired under the process of attachment, nor with any right of property, subject to state jurisdiction, and when the district court, acting within its exclusive and appropriate jurisdiction, proceeded to enforce the preferred and superior right of seamen's wages, it claimed no superiority over the state court; it merely exercised a separate and distinct jurisdiction ..... there may be, and sometimes have been, cases in which the court, under special circumstances, has refused to interfere between the foreign seamen and shipowner; but that is always a question of sound judicial discretion, and does not affect the jurisdiction of the court, and, like all questions resting in the judicial ..... the court of king's bench sanctioned the sale not upon the ground that the creditor consented to it, but upon the ground that the marshal acted under a court of competent authority, see note 301, and they refused to interfere with the surplus which remained after payment of seamen's wages, which had been paid into ..... ) 583 error to the supreme court of pennsylvania syllabus where a vessel had been seized under a process of foreign attachment issuing from a state court in pennsylvania, and a motion was pending in that court for an order of sale, a libel filed in the district court of the united ..... has been suggested that this was a foreign ship, and the seamen foreign seamen, and that they are not therefore embraced in the act of congress which gives a lien .....
Tag this Judgment!Court : US Supreme Court
..... vessels navigating the river are duly enrolled and licensed at the port of philadelphia and other ports of entry of the united states, under and by virtue of the acts of congress in that behalf provided, and that foreign vessels, entitled to certain rights of commerce and navigation, have long been accustomed to and are of right entitled to navigate that river with cargoes bound to the port ..... their lawful use of the same as a common and public highway, and they also charge that it will hinder and obstruct licenses granted under the enrollment act and that it will hinder and obstruct the subjects of foreign countries in the exercise of their rights of commerce and navigation, and that it will interrupt, diminish, and greatly tend to destroy the trade, commerce, ..... that case is to be found in the decree, where the court said that the several licenses set up by the appellant in his answer to the bill of complaint, which were granted under an act of congress passed in pursuance of the constitution of the united states, gave full authority to those vessels to navigate the waters of the united states for the purpose of carrying on the coastwise trade, any ..... the opinion just read, admits that a ship or vessel of the united states which is duly enrolled and armed with a coasting license such as is required by the enrollment acts may navigate along the coast of the united states and may pass from the open sea into the public navigable rivers of the united states and up the same as far as .....
Tag this Judgment!Court : US Supreme Court
..... packages in which they were imported, a tax upon them was too plainly a duty on imports to escape the prohibition of the constitution, but the court admitted that whenever the importer has so acted upon the thing imported that it has become incorporated and mixed with the mass of property in the country, it must be considered as having lost its distinctive character as an import, and as ..... ) 110 error to the supreme court of alabama syllabus the bay of mobile being included within the statutory definition of the port of mobile, contracts for the purchase of cargoes of foreign merchandise before or after the arrival of the vessel in the said bay, where the goods by the terms of the contract, are not to be at the risk of the purchaser ..... force, no goods brought in any ship or vessel from any foreign port or place, unless falling within some exceptional rule, can lawfully be unladen or delivered from any such ship or vessel within the united states without a permit from the collector for such unlading or delivery; and the 62d section of the same act provides "that all duties on goods, wares, and merchandise imported ..... more than half a century has elapsed since the act of congress was passed establishing the town of mobile the sole port of entry for that district, and the record furnishes abundant reason to conclude that the course of proceedings throughout that entire period, in respect to imported goods brought there from foreign countries in ships and vessels whose draft was such .....
Tag this Judgment!