Court : US Supreme Court
..... 167, 168 but they contended, that even under this admission, the maxim which declares that expressio unius, eft exclufio alterius, must be applied to the plaintiff's case, and, consequently, as he was neither an indian, a mulattoe, nor a negro, he cannot be enslaved by mere implication. ..... dalby supreme court of pennsylvania april term, 1786 since the act for the gradual abolition of slavery, a number of persons have formed a society in philadelphia, for the purpose of relieving those of their fellow creatures, who are held in illegal slavery; and this action is owing to that institution. ..... they said, that, in pennsylvania, there was no positive law for slavery; though as the acts of assembly took notice of three sorts of slaves, negroes, mulattoes, and indians. ..... and he observed, that even in pennsylvania, the legislature had taken notice of other than negroes and mulattoes, to wit, indian slaves. .....
Tag this Judgment!Court : US Supreme Court
..... adjoining the said forts and within the bounds and limits of the united states of america, and the defendants say that in further violation of the said treaty of peace concluded as aforesaid, certain nations or tribes of indians, known by the names of shawanese, tawas, twightoes, powtawatemies, quiapoees, wiandots, mingoes, piankaskaws, and naiadonepes, and others, being at open, public, and known wars with the inhabitants of the united states and ..... speed and without causing any destruction or carrying away any negroes or other property of the american inhabitants, withdrawn all his armies, garrisons and fleets from the said united states and from every port and place within the same, but hath carried away five thousand negroes, the property of american inhabitants, on 4 september, 1783, from new york, to-wit, in the commonwealth of virginia, and within the jurisdiction ..... of them to the enemy, and thereby strengthening him and weakening the government, would be allowable, and if so, surely it follows as a matter of course (perhaps it would follow without a solemn declaration) that when, in virtue of any such act, the money was paid to the government, the debtor was wholly discharged, and the government, if it thought proper not to proceed to confiscation afterwards, became itself ..... . the thing itself would be as improper as it would be odious in cases where acts of the state have a concurrent jurisdiction ..... the first and third sections are the only parts of the act necessary to be .....
Tag this Judgment!Court : US Supreme Court
..... infinite litigation and disputes, and in the meantime purchasers would be discouraged from taking up lands upon the terms lately prescribed by law, whereby the fund to be raised in aid of the taxes for discharging the public debt, would be in a great measure frustrated, and it is just and necessary, as well for the peace of individuals as for the public weal, that some certain rules should be ..... the time for opening the land office of this state, for the lands contained within the purchase lately made by the commonwealth of the indian natives of all the residue of waste lands within the charter bounds of pennsylvania, as the same have been adjusted between this state and ..... 433 same was disbanded, had been discharged on account of wounds or bodily infirmity or had died in the service, distinguishing particularly in what regiment or corps such service had been performed, discharge granted, or death happened, and that the party had never before obtained a warrant or certificate for such military service, provided that nothing in this act shall be construed in any manner to affect, change, or alter the title of any person ..... and the word "hereafter" that has been commented upon (in the 3d section of the act of 3 may, 1779), and the express saving in the act of october, 1779, of all titles under warrants formerly issued, independent of the saving of titles under warrants from the former ..... not, yet having been the ground of many titles, it would be improper in the court to shake it. .....
Tag this Judgment!Court : US Supreme Court
..... and to hold the lands, 'in the same manner,' as if the condition precedent had been performed: but if the condition precedent had been performed, the grantee would have held the lands in fee, discharged from any limitation, contingency, or incumbrance whatsoever; and, consequently, in this case, to enable the grantee to hold in the same manner, persisting in his endeavours to settle, must be considered as tantamount to actual settlement and residence ..... , a change had taken place in the land officers; a new construction was given to the proviso, attached to the 9th section of the act; it was insisted, that no patent could issue unless the terms of settlement and residence were, at some period, completed, though the obligation to complete them, during the indian war, was suspended; and the resolutions and proceedings of the former board of property, on the subject, were not deemed authoritative ..... the concession of the opposite counsel, is, indeed, an acknowledgement of the inception and progress, but a denial of the maturity, of the company's title: while, it is contended, for the company, that although the enacting part of the 9th section constitutes a condition precedent, to the vesting of a legal title in the warrantees, that condition is totally superseded, or extinguished, if the case of the warrantee is embraced by the descriptions of the proviso; so that he thereupon acquires a legal title ..... as to them, are proper; as to the grantees, who never began a settlement, improper. .....
Tag this Judgment!Court : US Supreme Court
..... , and a residence thereon for five years next following the first settlement, on pain of forfeiture, by a new warrant; but if, nevertheless, he should be interrupted or obstructed by the force of the enemy from doing those acts within the limited periods, and should afterwards persevere in his efforts in a reasonable time after the removal of such force, until these objects should be accomplished, no advantage shall be taken of him, for the want of ..... points, we observe, that it has never been contended, that the holland company have performed the condition within two years; but only, that the condition was discharged, or suspended, by the operation of the proviso, on the facts of their case; particularly the fact that an indian war existed for several years, beyond the term of two years specified in the act of assembly ..... charges, aforesaid, amounting in the whole to two hundred dollars and six cents, and the court accordingly render judgment thereon for the plaintiff, subject to the proviso in the 9th section of the act of assembly, passed the third day of april 1792 ..... ? will not the proviso in the 9th section of the act of the 3d of april 1792, excuse the temporary non-performance of an act, rendered highly dangerous, if not absolutely impracticable, by imperious circumstances, ..... with the condition of the 9th section of the act of april 1792? 2d ..... their injunctions; and it cannot be said that this case falls within the meaning of the 9th section of the second article of the constitution .....
Tag this Judgment!Court : US Supreme Court
..... a bona fide intention of an actual present residence, although he should have been compelled to abandon his settlement, by the public enemies, in the first stages of his settlement: but actual settlement, intended by the 9th sections, consists in clearing, fencing, and cultivating, two acres of ground at least, on each one hundred acres, erecting a house thereon, fit for the habitation of man, and a residence continued for five years next following ..... ; that the settlement of meade, in 1795, was in violation of the plaintiff's prior right, and, of course, void; that the plaintiff had been prevented, by the indian hostilities, from settling, or fixing settlers, until the treaty of fort grenville, made in august 1795, and ratified in december 1795; and that he had attempted to settle it in a reasonable time ..... explain, and to understand, the subject, it will be necessary to take a general view of the different sections of the act of the 3d of april 1792, upon which this cause must turn. ..... for every 100 acres; that of the vacant lands within the indian purchase made in 1784, lying east of alleghany river and conewango ..... the 1st section reduces the price of all vacant land, not previously settled, or improved, within the limits of the indian purchase, made in 1768, and all precedent ..... it was in proof, by many witnesses, that the war with the indians rendered it dangerous to settle that country, during the years 1793, 1794, and 1795, and that but few attempted before the spring or autumn .....
Tag this Judgment!Court : US Supreme Court
..... whom the lands unquestionably belong; that it is agreeable to treaty and usage to reserve a sufficient quantity of land, on the south-west side of the susquehanna, within the proprietor's land, for accommodating the said indians: and that the indians had requested, at a treaty, held on the 15th and 16th instant, that a large tract of land, right against their towns on susquehanna might be surveyed for the proprietor's use only; because, from his ..... right to the proportion of land, thus appropriated, not only against other individuals, who might thereafter attempt to appropriate the same land, but even against the proprietor himself, unless he had previously, and by some act of notoriety, evidenced his intention to withdraw such land from the general mass of property, and to appropriate it to his individual use. ..... survey of 1768 is executed, it is argued, under a warrant of re-survey in 1762, and consequently the repetition of an act which has no validity, cannot give it validity. ..... these proceedings to the council, on the second of july 1722, it was thereupon declared, that 'so far as they concerned, or touched, with the proprietary affairs, they were not judged to lie before the board;' which acted as a council of state, and not as commissioners of property. ..... it was a proprietary manor duly surveyed, within the true intent and meaning of the act of the general assembly. ..... october term, 1805 by an act of the general assembly of pennsylvania, passed on the 27th day of november 1779 (1 .....
Tag this Judgment!Court : US Supreme Court
..... legally deduced from the state to the lessor of the plaintiff; and the facts of a prevention from making an improvement and settlement, under the 9th section of the act of april 1972, by a subsisting indian war, as well as the facts of a persistance in the endeavour to make such improvement and settlement, were established, in detail, as they appear in the case of the commonwealth ..... north and west of the rivers ohio and alleghany and conewango creek, granted in the year one thousand seven hundred and ninety- three, under, and by virtue of the act of the legislature of pennsylvania, entitled, 'an act for the sale of vacant lands within this commonwealth,' to a person who, by force of arms of the enemies of the united states, was prevented from settling ..... for a tract of land, lying north and west of the rivers ohio and alleghany, and conewango creek, granted in the year 1793, under, and by virtue of the act of the legislature of pennsylvania, entitled 'an act for the sale of vacant lands, within this commonwealth,' to a person, who by force of arms of the enemies of the united states, was prevented from settling and improving ..... ' the ninth section of that act, on which the case principally depends, is in these words: 'and be it further enacted by the authority aforesaid, that no warrant or survey, to be issued or made in pursuance of this act, for lands lying north and west of the rivers ohio and alleghany and conewango creek, shall vest any title in or to the lands therein .....
Tag this Judgment!Court : US Supreme Court
..... them as aforesaid, as also the said seven eighth parts thereof, granted as aforesaid by his said majesty's letters patent or charter as aforesaid, together with all the soils, grounds, havens, ports, bays, mines, woods, rivers, waters, fishings, jurisdictions, franchises, privileges and preeminences, within said territories, with all their right, title, interest, claim or demand whatsoever in and to ..... due from the state of georgia, on specie requisitions, but a small part of the sum mentioned in the third proviso or condition before recited; and it is improper in this case to allow a charge against the specie requisitions of congress which may hereafter be made, especially as the said state stands charged to the united states ..... defendant pleaded that, at the time of passing the act of the 7th of january, 1795, the state of georgia was seised in fee simple of all the tenements and territories aforesaid, and of all the soil thereof, subject only to the extinguishment of the indian title to part thereof, and of this he puts ..... state, did form, declare, ratify, and confirm such constitution, in the words following: [here was inserted the whole constitution, the sixteenth section of which declares that the general assembly hall have power to make all laws and ordinances page 10 u. s. ..... of their former estates, notwithstanding those grants, would be as repugnant to the constitution as a law discharging the vendors of property from the obligation of executing their contracts by conveyances. .....
Tag this Judgment!Court : US Supreme Court
..... at this time, maitland was domiciled in great britain, and it is contended that the statement that maitland was of new york was untrue, and subjected the vessel to forfeiture, under the act of congress of 31 december, 1792, and that although no claim is interposed for the united states, still the forfeiture produced by the misconduct of lenox, is sufficient to turn him out of court, whatever disposition may ultimately ..... it is a case in which, if in any that can be imagined, justice requires that the citizen, having entirely recovered his national character by his own act, and by an act which shows that he never intended to part with it finally, should, by a species of the jus postliminii, be allowed to aver the existence of that character ..... that the courts of england have decided that a person who removes to a foreign country, settles himself there, and engages in the trade of the country furnishes by these acts such evidence of an intention permanently to reside there, as to stamp him with the national character of the state where he resides. ..... she sailed from liverpool on 4 july, 1812, under a british license, for the port of new york and was captured on 6 august, 1812, by the american privateer dolphin and sent into the district of massachusetts, where the vessel and cargo were libeled ..... three cases which seem to be so applicable, and at the same time so conclusive on the great points of this question, that it may not be improper briefly to notice them. ..... of the indian chief, ..... indian .....
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