Court : US Supreme Court
..... indeed, the state of north carolina appears to have been sedulous in her efforts to prevent encroachments upon the indian hunting grounds, and her laws are express and pointed in invalidating entries and grants made within such reservations. ..... in the present case there can be but two such grounds supposed to exist -- either that there was no law authorizing the survey in any part of the land granted, although without the indian boundary, or that the whole was affected by the illegality of that part which extended within that boundary. ..... ) 673 error to the circuit court of west tennessee syllabus the acts of assembly of north carolina, passed between the years 1783 and 1789, invalidate all entries, surveys and grants of land within the indian territory which now forms a part of the territory of the state of tennessee. ..... this rests upon the sixth section of the act of north carolina of 1784 entitled, "an act to prevent the issuing of grants," &c. ..... by the 3d section of the act of 1777, entries are permitted within any county of the state, and the creation of counties has always, in that state, been held page 22 u. s. ..... ; by this section the right is given to remove warrants which have been located upon lands previously taken up, so as to place them upon vacant lands, and the supposed operative words in the present instance are these: "shall be at full .....
Tag this Judgment!Court : US Supreme Court
..... condemnation upon captures made by the public ships of war of the united states, whether the same be cases of prize, strictly jure belli, or upon public acts in the nature of captures jure belli, the proceedings are in the name and authority of the united states, who prosecutes for itself as well as for the ..... the second section of the former act authorizes the president "to instruct the commanders of public armed vessels of the united states to seize, subdue, and send into any port of the united states any armed vessel or boat or any vessel or boat the crew whereof shall be armed and which shall have attempted or committed any piratical aggression, ..... a printed note on the back of the commission, signed by juan dios robiou, lieutenant in the national navy, and captain of the port of porto rico, dated on the 5th of february, 1822, renewed the commission in favor of llanger, as captain of the palmyra, for a new cruise of three months, it having been originally ..... such commissions or the validity of them so far as respects the king of spain, to found an interest of prize in the captors, if the palmyra bona fide received it, and her crew acted bona fide under it, it ought at all events, in the courts of neutral nations, to be held a complete protection against the imputation of general piracy. ..... appeared that the commission of the palmyra was numbered 38, and entitled in the margin, "real passaporte de corso para los mares de indias;" that is, "a royal cruising passport for the indian seas. .....
Tag this Judgment!Court : US Supreme Court
..... , for which they shall pay fifty dollars, and in case of neglect or refusal to take out such license, shall be subject to the same penalties and forfeitures as are prescribed by the original act to which this is a supplement" is repugnant to the constitution of the united states and void; wherefore the said court of appeals, before whom the said judgment of the said city court of baltimore was brought by ..... an indictment in the city court of baltimore against the plaintiffs in error upon the second section of an act of the legislature of the state of maryland, passed in 1821, entitled, "an act supplementary to the act laying duties on licenses to retailers of dry goods, and for other purposes. ..... sea stores, goods imported and reexported in the same vessel, goods landed and carried over land for the purpose of being reexported from some other port, goods forced in by stress of weather and landed but not for sale are exempted from the payment of duties. ..... also repugnant to that clause in the constitution which empowers "congress to regulate commerce with foreign nations and among the several states and with the indian tribes? ..... which declares that congress shall have power "to regulate commerce with foreign nations, and among the several states, and with the indian tribes." 1. ..... absolutely necessary for executing its inspection laws," and to that which declares that congress shall have power "to regulate commerce with foreign nations, among the several states, and with the indian tribes. .....
Tag this Judgment!Court : US Supreme Court
..... to this court for its final decision, drawing in question the constitutionality of the law and the sufficiency of the plea in bar founded upon it, this court certified its opinion "that the act of new york pleaded in this case so far as it attempts to discharge the contract on which this suit was instituted, is a law impairing the obligation of contracts within the meaning of the constitution of the united states, and that the plea of the defendant ..... it is argued that as the clause declaring that "no state shall pass any law impairing the obligation of contracts" is associated in the same section of the constitution with the prohibition to "coin money, emit bills of credit," or "make anything but gold and silver coin a legal tender in payment of debts," and as these all evidently apply to legislation in reference to future as well as ..... 275 exercise this power, and it would seem strange that if such a prohibition had been in the contemplation of the convention when appropriating an entire section to the enumeration of prohibitions on the states, they had forgotten this if they had intended to enact it. ..... but an answer still more satisfactory to my mind is this: tender laws of the description stated in this section, are always unjust, and where there is an existing bankrupt law at the time the contract is made, they can seldom be useful to the honest debtor. .....
Tag this Judgment!Court : US Supreme Court
..... madrazo filed his libel alleging that the africans were his property -- that on the return voyage from africa, they were captured by the privateer successor, commanded by an american, and fitted out in an american port -- that the vessel and cargo were carried into amelia island, and condemned by an unauthorized tribunal, after which they were brought by the purchaser into the creek nation, where they were seized by an officer ..... juan madrazo filed his libel in the district court of georgia, alleging that a spanish vessel called the isabelita, having on board a cargo of negroes, was piratically captured on the high seas, carried into the port of fernandian, there condemned by some pretended tribunal, and sold; that the negroes were conveyed by the purchaser into the creek nation, where they were seized by an officer of the united states and by him ..... a privateer -- fitted out in baltimore -- run into fernandina -- there sold to bowen -- carried across the country to the creek agency, within the limits of the united states and where its jurisdiction attached, notwithstanding the indian title existed -- and although bowen, the tortious owner, committed an offense by introducing them into the country, madrazo was not privy to that offense and was innocent of any ..... thus situated, the circuit court could not send back the cause, because by the 24th section of the judiciary act of 1789, the circuit court is required to go on and make such decree as this district court ought to have .....
Tag this Judgment!Court : US Supreme Court
..... of the power vested in the president of the united states by the preceding 21st section, authorizes him to direct indian agents, governors of territories, acting as superintendents of indian affairs, and military officers to cause the stores and packages of goods of all traders to be searched upon suspicion or information that ardent spirits are carried into the indian countries by the said traders in violation of the aforesaid 21st section, and declares that if any ardent spirits should be so found, all the goods ..... of the instruction thus qualified, since it would subject to seizure and forfeiture all the goods of the trader carried into a country, not only belonging to the united states, but lying without the boundaries of the indian country, as they are described by the 1st section of the act of 1802, to which all the provisions contained in that act, and consequently those contained in the emendatory ..... if the country referred to in this instruction was purchased of the indians subsequent to 30 march, 1802, so as that the boundary line thereby became varied, then the above section declares that all the provisions of that act shall be construed to apply to the boundary line so to be varied in the same manner as they apply by force of that act to the boundary line therein recited. .....
Tag this Judgment!Court : US Supreme Court
..... the plaintiff to recover, that the existence of the grant is in itself a sufficient ground to infer that every prerequisite has been performed, and that as to all irregularities, omissions, acts of fraud, negligence, or ignorance of the officers of government prior to the emanation of the grant, the government of georgia, and not the plaintiff claiming under her grant, must ..... the plaintiff to recover; that the existence of the grant is in itself a sufficient ground to infer that every prerequisite has been performed and that as to all irregularities, omissions, acts of fraud, negligence, or ignorance of the officers of government prior to the emanation of the grant, the government of georgia, and not the plaintiff claiming under her grant, must ..... to recover; that the existence of the grant is in itself a sufficient ground to infer that every prerequisite has been performed, and that as to all irregularities, omissions, acts of fraud, negligence, or ignorance of the officers of government prior to the emanation of the grant, the government of georgia, and not the plaintiff claiming under her grant, must ..... but the 13th section, after describing the limits of the state, provides, "that nothing hereinbefore contained shall extend or be construed to extend to authorize or empower any surveyor or other person or persons whatsoever to survey, run, or make lines upon the lands before described as being allowed to the indians for hunting ground, or any part or parcel thereof before .....
Tag this Judgment!Court : US Supreme Court
..... court to instruct the jury that as the third section of the act of the congress of the united states of 11 april, 1818, declares "that from the source of the little miami river to the indian boundary line, established by the treaty of greenville in 1795, the line designated as the westerly boundary line of the virginia tract, by an act of congress passed on 23 march, 1804, entitled" "an act to ascertain the boundary of the lands reserved ..... instruction asked is that the lands west of ludlow's line, east of roberts' line, and south of the indian boundary line had been withdrawn from appropriation under and by virtue of military land warrants prior to the year 1810, and that as the same had, pursuant to the acts of congress in such case made and provided, been directed to be surveyed and sold, and had accordingly been ..... little miami, lying west of ludlow's line, east of roberts' line, and south of the indian boundary, reserved by virginia in her deed of cession to the united states of march, 1784, for the satisfaction of the military bounties virginia had promised, were not, prior to 1810, by any legislative acts of the government of the united states withdrawn from appropriation under and by virtue of virginia military ..... that as the third section of the act of congress of the united states 11 april, 1818, declares "that from the source of the little miami river to the indian boundary line established by the treaty of greenville in 1795, the line designated as the westerly boundary .....
Tag this Judgment!Court : US Supreme Court
..... this court has been often called upon to consider the sixteenth section of the judiciary act of 1789, and as often, either expressly or by the course of its decisions, has held that it is merely declaratory, making no alteration whatever in the rules of equity on the subject of legal remedy. ..... this court has been often called upon to consider the sixteenth section of the judiciary act of 1789, and as often, either expressly or by the course of its decisions, has held that it is merely declaratory, making no alteration whatever in the rules of equity on the subject of legal remedy. ..... but since, upon the discovery made at port gibson, the notice given by the complainant was not of an intention to rescind, but of a claim for a deduction pro rata, and since time is expressly given to the extent of four years to make title to the whole tract; we ..... 219 has been partly answered by the doctrine laid down upon the construction of the judiciary act, on the subject of the remedy at law. ..... the evidence of the fact of representation on this subject, rests chiefly on the deed and the letters from port gibson. ..... the first and principal ground taken is that the court of law was competent to give relief, and that this court should refuse relief, as well on the general principle as affirmed in the judiciary act, as because: 1. .....
Tag this Judgment!Court : US Supreme Court
..... tax to the state is not found among the enumerated powers of the directors, it must be derived, if it exist, under the words, "all other necessary expenses of said company," or under the tenth section, which provides that "the directors shall have power to do whatever to them shall appear necessary and proper to be done, for the well ordering and interest of the proprietors, not contrary to the laws of ..... of the proprietors are nonresidents, and that any proportion of them, being desirous of paying their part of the tax, would not be discharged by doing so, as a part of the entire tract, involving their interests, would be liable to be sold for any balance of ..... sale which was made by a company incorporated by the legislature of connecticut in 1796 called "the proprietors of the half million of acres of land lying south of lake erie," and incorporated by an act of the legislature of ohio, passed on 15 april, 1803, by the name of "the proprietors of the half million of acres of land lying south of lake erie, called the sufferers' land. ..... in the second section, power is given to the directors to extinguish the indian title; to survey the land into townships or otherwise to make partition, as they should order, among the owners in proportion to the amount of loss, and amongst other things, the act provided, "that to defray all necessary expenses of said company in purchasing and in extinguishing the indian claim of title to the land, surveying, locating, and making partition thereof, as .....
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