Court : US Supreme Court
..... the steamer on condition that the other half was landed at havana, free of charge for freight, and that he would bind himself to return to mobile or to some other confederate port, and give to the so-called confederate government a certain portion of the carrying capacity of the said steamer on certain terms and conditions; that situated as he was, with his property and himself and his family in the power and under the control of the ..... eastern district of louisiana as prize of war:" "now therefore know ye that i, the secretary of the treasury, in consideration of the premises and by virtue of the power and authority to me given by the said eighth section of the said act of july 13, 1861, do hereby decide to remit to the petitioner all the right, claim, and demand of the united states to the said forfeiture, upon payment &c. ..... drawn, and without the words in italics and brackets, was filed and submitted by the secretary of the treasury to the attorney general, who objected to it to that officer "that it contained no allegation so as to bring it within the act of july 13, 1861, that the cargo was proceeding, when captured, from a revolted state into other parts of the united states. ..... "that he has proved all these facts to the satisfaction of the secretary of the treasury, who has remitted to him all the forfeitures prescribed by the act of congress of july 13, 1861, and acquitted him of all intention of violating the laws of the united states or of aiding or abetting the rebellion. .....
Tag this Judgment!Court : US Supreme Court
..... being in possession of lands, their ancient and native homes, the enjoyment of which, "without disturbance by the united states," has been secured to them by treaty with the federal government, with the assurance that "the lands shall remain theirs until they choose to sell them," the state in which the lands lie has no power to tax them, either for ..... " before the adoption of the constitution, the then united states, and after its adoption the federal government, made several treaties with these indians; [ footnote 1 ] the treaty of canandaigua, november 11, 1794, being one, [ footnote 2 ] by which the land in those reservations were acknowledged to belong to them, the said ..... made till april 4, 1840, no right (as the treaty was construed by the officers of the federal government, a construction in which ogden & fellows acquiesced) accrued to ogden & fellows till april 4, 1845 ..... right after the indian title was extinguished, and with the government and jurisdiction over the territory. ..... that no tax shall thereafter be assessed on either of the two reservations (alleghany and cattaraugus), or on any part of them, so long as they remain the property of the seneca nation, and that all acts of the state conflicting with the provisions of this section are hereby repealed. ..... were encouraging, if not authorizing, a direct interference by the owners of the right of preemption with these ancient possessions and occupations, secured by the most sacred of obligations of the federal government. .....
Tag this Judgment!Court : US Supreme Court
..... ground that it did not appear that the amount in controversy exceeded $3,000), and to remand it to the court of claims with a view to an amended or special appeal under the fifth section of the act of march 3, 1863, [ footnote 5 ] which provides "that when the judgment or decree will affect a class of cases or furnish a precedent for the future action of any executive department of the ..... a record of their proceedings, and, at the commencement of each session of congress, and of each month during the session, report to congress the cases upon which the court had fully acted, stating in each the material facts which they find established by the evidence, with their opinion in the case, and the reasons upon which it is founded. ..... the decree, or judgment, in the present case is, that the claimant recover of the government a military land warrant for one hundred and sixty acres of land, and that it be made out and delivered to the said julian alire by the proper officer, and the decree ..... to the two acts of congress on this subject, that the only judgments which the court of claims are authorized to render against the government, or over which the supreme court have any jurisdiction on appeal, or for the payment of which by the secretary of the treasury any provision is made, are judgments for money found due from the government to the petitioner. ..... laws, and parts of laws, inconsistent with the provisions of this act, were thereby repealed. mr. ..... was repealed by the first section of the act .....
Tag this Judgment!Court : US Supreme Court
..... , the rebel powers being now driven away, the people of the state reorganized the state government, and declared, in their amended constitution, that "all notes of the bank of tennessee, or any of its branches, issued on or after the 6th day of may, 1861," were null and void; and an act of the legislature in the following june, repealed by express terms, the already quoted twelfth section of the chartering statute of 1838, which made ..... the writ by a tender (which was refused) of the notes of the bank, but whether he got these notes before or after the repealing act was passed, did not appear. ..... in the code to interfere with the charter of the bank of tennessee, it follows that it was saved from repeal, and of course that the guaranty contained in the twelfth section of the act of its incorporation was still continued. ..... we find that where acts of incorporation are not expressly repealed, they are in terms saved from repeal by section 42 of the ..... special, and private acts, and acts of incorporation heretofore passed, are not repealed, unless it be ..... whether the act of incorporation amounted to a contract with these petitioners, their petition not showing that they had themselves received the notes prior to either the statute of 1858, making the code having section 603; or the act of 1866, repealing the 12th ..... it is contended that the repealing act took from those persons who did not at the time hold the paper of the bank, the right to acquire it afterwards, and use it to discharge .....
Tag this Judgment!Court : US Supreme Court
..... repealed the act of 1789, it did so by implication, and any implication which would give to it this effect upon the act of 1789 would give it the same effect upon the acts of 1833 ..... before this latter court had been taken into advisement by it -- a history more particularly set forth in ex parte mccardle [ footnote 6 ] -- congress passed an act providing by its second section: "that so much of the act approved february 5, 1867, entitled 'an act to amend an act to establish the judicial courts of the united states, approved september 24, 1789,' as authorized an appeal from the judgment of the circuit court to the supreme court ..... confederated colonies became united states and the formation of a common government engaged their deliberations in convention, this great writ found prominent ..... , and it is hardly supposable that, under the new government founded on more liberal ideas and principles, any court would ..... that the whole appellate jurisdiction of this court, in cases of habeas corpus, conferred by the constitution, recognized by law, and exercised from the foundation of the government hitherto, has been taken away, without the expression of such intent and by mere implication, through the operation of the acts of 1867 and 1868. ..... the cause of detention to be that the petitioner had been arrested and was held for trial, upon a charge of murder, by a military commission under the act of congress of the 2d of march, 1867, "to provide for the more efficient government of the rebel states. .....
Tag this Judgment!Court : US Supreme Court
..... when such article should have become a part of the constitution of the united states, then that the states respectively should be declared entitled to representation in congress, and the preceding part of the act become inoperative, and that, until they were so admitted, any civil governments which might exist in them should be deemed provisional only, and subject to the paramount authority of the united states, at any time to abolish, modify, control, or supersede them. ..... after the breaking out of the rebellion, the insurgent legislature of texas, on the 11th of january, 1862, repealed the act requiring the indorsement of the governor, [ footnote 4 ] and, on the same day, provided for the organization of a military board, composed of the governor, comptroller, and treasurer, and authorized a majority of that board to provide for the ..... the legislature of texas, at the time of the repeal, constituted one of the departments of a state government, established in hostility to the constitution of the united states. ..... and we cannot shut our eyes to the evidence which proves that the act of repeal was intended to aid rebellion by facilitating the transfer of these bonds. .....
Tag this Judgment!Court : US Supreme Court
..... the course of his learned and elaborate opinion, he said: "the english legislature has thought it expedient that only certain persons, under certain restrictions, shall be allowed to act as pilots in british waters; and that it shall be compulsory upon all masters of ships to place the navigation of their vessel under the control of one of these ..... the case thus presented the question whether a vessel, in charge of a licensed pilot, whom the statutes of the state governing the port whence she sailed enacted positively that the vessel should take aboard under penalties named, was liable in rem for a tort committed by her, the result wholly ..... mere right of choice is, indeed, one, but not the only reason why the law in general makes the master responsible for the acts of his servant -- and in many cases where the responsibility is allowed to exist, the servant may not in fact be the choice ..... york, it may be observed -- differing from certain acts of great britain, known as the "general pilot acts," though agreeing with others, sometimes called local pilot acts, to-wit, the liverpool pilot act and the newcastle pilot act, and also in its main features with a pennsylvania pilot act (though this inflicts no penalty of imprisonment, and provides only for a money fine of half pilotage, in case of refusal) -- does not contain any provision ..... court [ footnote 14 ] and other authorities to which he referred, held that the rights of the parties were governed by the law of the place of the tort. .....
Tag this Judgment!Court : US Supreme Court
..... which makes united states notes a legal tender for private debts nor whether, if constitutional, the provision is to be limited in its application to contracts made subsequent to the passage of the act, the court refused to decree a conveyance of real estate on the tender in such notes where the estate had greatly risen in value, where at the time of the contract gold and silver coin were ..... in december, 1861, the banks throughout the country suspended payments in specie, and in 1862 and 1863, the federal government issued some hundred millions of notes, to be used as money, and which congress declared should be a tender in the payment ..... although the contract in this case was not completed until the proposition of the defendant was accepted in april, 1864, after the passage of the act of congress making notes of the united states a legal tender for private debts, yet as the proposition containing the terms of the contract was previously made, the contract itself must be construed as if it had ..... they were received and paid out by the government, and the validity of the act declaring them a legal tender had been sustained by nearly every state court before which the question had ..... nothing further could have been reasonably required of him under the circumstances, even if we should assume that the act of congress, making the notes of the united states a legal tender, does not apply to debts created before its passage, or, if applicable to such debts, is to that extent unconstitutional .....
Tag this Judgment!Court : US Supreme Court
..... the factors of the shippers informed the master that the russian government had forbidden the exportation of barley, and that no loading could be furnished. ..... no benefit has accrued to the owner, nor has he done any act from which an implied contract to pay any freight can be raised. ..... the contract of affreightment is governed by the same principles as other special contracts. ..... at the time of making the charter, we could hardly contemplate anything of the kind, hence the omission, and wish you will make some provision in the event such should be the case, and instruct me how to act, that i may communicate same to captain swenson. ..... at the time of making the charter, we could hardly contemplate anything of the kind, hence the omission, and wish you will make some provision in the event such should be the case, and instruct me how to act, that i may communicate same to captain swenson. ..... it was found that this could only be done by an act of the british parliament. .....
Tag this Judgment!Court : US Supreme Court
..... that the nation shall not sell the specified allotment of lands reserved for the benefit of each of the half-breeds named in it (victoria smith being one of them) without the permission of the government, and it would seem that the contracting parties intended this prohibition to apply to the individual members of tribe, for if it were not so, the policy which dictated the restriction would be in danger of being ..... for the purposes of this suit to decide this point, as the deed in question was made after the passage of the act of congress of the 26th day of may, 1860, which relieves the subject of all difficulty. ..... deed was made -- that is to say on the 17th of july, 1862{3} -- congress by joint resolution repealed the above-mentioned second and third sections of the act of 1860. ..... 1860, for the same land, but the court excluded the deed from the jury on the ground that the plaintiff by virtue of the indian treaty of 1825 and the act of congress on the subject, was prohibited from executing the deed. ..... subsequently to this -- that is to say may 26, 1860, [ footnote 2 ] congress passed an act which, referring to the treaty of 1825 and reciting that the land reserved "had been surveyed and allotted to each of the said half-breeds in the order in which they are named ..... construed to give any force, efficacy, or binding effect to any contract in writing or otherwise, for the sale or disposition of any lands named in this act heretofore made by any of said reservees, or their heirs. .....
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