Court : US Supreme Court
..... states became a joint property or belonged to the separate states was a momentous question which at one time threatened to shake the american confederacy to its foundation. this important and dangerous contest has been compromised, and the compromise is not now to be disturbed. it is the opinion of the court that the ..... may involve every other power, in cases where the constitution is silent, never has been, and perhaps never can be, definitely stated. the validity of this rescinding act, then, might well be doubted, were georgia a single sovereign power. but georgia cannot be viewed as a single, unconnected, sovereign power, on whose legislature ..... of third persons who are purchasers without notice for a valuable consideration cannot be disregarded. the principle asserted is that one legislature is competent to repeal any act which a former legislature was competent to pass, and that one legislature cannot abridge the powers of a succeeding legislature. the correctness of this principle so .....
Tag this Judgment!Court : US Supreme Court
..... the latter case as a fee simple absolute, in the former case as a base fee, determinable upon the settlement of the first minister by the town. the foundation of this construction is supposed to be that the town is by law obliged to maintain public worship and public schools, and that therefore the legal title ought to ..... prevent the legislature itself from making an appropriation of this property. their controlling power over the corporate body denominated the town of pawlet certainly sanctioned such an act, and before the act passed in this case, there does not appear to have been in existence a person or body of men in which the use could have vested. i ..... this land without any legal designation or organization identifying them to come within the description of persons for whose use this reservation was made? i think not. some act of the town of pawlet, or of the legislature of the state, or at least of episcopal jurisdiction, became necessary to give form and consistency to the cestui .....
Tag this Judgment!Court : US Supreme Court
..... the case at bar. and upon principle it seems quite as difficult to support it. i am unable page 13 u. s. 453 to perceive any solid foundation on which to rest a distinction between the resistance of a neutral and of an enemy master. the injury to the belligerent is in both cases equally great, ..... inference of constructive cooperation and hostility is far less certain and direct. to condemn in such case is pushing the doctrine to a great extent, since it is acting upon the presumption, which is not permitted to be contradicted, that all the convoyed ships distinctly understood and adopted the objects of the convoy and intimately blended their ..... to receive the protection of belligerent force in such manner and under such circumstances as the belligerent may choose to apply it. it is an adoption of his acts and an assistance of his interests during the assumed voyage. to render the convoy an effectual protection, it is necessary to interchange signals and instructions, to communicate .....
Tag this Judgment!Court : US Supreme Court
..... can, the neutrality of the property. the master is his immediate agent, and he is also bound to act for the benefit of all concerned, so that in this respect he also represents the insurer." the very foundation of this opinion that the insured is bound by the sentence of condemnation is that he was in law a ..... controls the instructions given by the president on 28 august, 1812, and limits the operation of those instructions to the specific cases described by congress, and as that act protects only those importations which were made previous to its passage, it has been argued that the president's instructions can go no further. independent of the war, ..... treasury and directing him absolutely to remit all penalties and forfeitures incurred by violating the nonintercourse laws, in all cases of importation made before the passage of the act, in american vessels, provided the goods were the property of citizens of the united states and the vessels departed from any port of the united kingdom of .....
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..... and fully watered, that their plea was that she was intended for a store ship, and a neighboring market, both of which it was sufficiently evident were without foundation. that on 3 january, the secretary answered that the detention of the schooner was approved and confirmed by the president. that the collector had used due care and ..... the president to be had? clearly on the further detention of the vessel and on the future proceedings of the collector respecting her. whenever the president acts, he is expected to act upon information, and from whom in this instance is his information to be derived? unquestionably from the collector. the law does not indeed say in terms ..... barnstable, ostensibly bound to some other port in the united states, in the opinion of the collector, with an intent to violate or evade the provisions of the acts aforesaid, whereupon the collector, by the defendant, his deputy, caused the said vessel and her cargo to be detained and removed from the port and harbor of .....
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..... which this defendant learnt they were drawn by paul lanusse, at new orleans, on john taber & son, portland, in part payment for the cargo of the mac. that this defendant, acting page 16 u. s. 129 from the information so received, and from no other in formation or advice whatever, and also from an apprehension that the said complainant, when he ..... any of yours. the mac remains precisely in the same situation. $4,250 demurrage have been paid on her account, and i only wait for further information from you to act in case demurrage is refused." on 24 july, 1806, the defendant wrote the plaintiff as follows: "relative to the unfortunate situation of the mac, i have to observe that if .....
Tag this Judgment!Court : US Supreme Court
..... , then that the charity is public affords no proof that the corporation is also public; and consequently, the argument, so far as it is built on this foundation, falls to the ground. if, indeed, the argument were correct, it would follow that almost every hospital and college would be a public corporation, a doctrine utterly ..... persons who sustained the offices of secretary and treasurer page 17 u. s. 549 of the trustees of dartmouth college, next before the passage of the act, entitled, 'an act to amend the charter and enlarge and improve the corporation of dartmouth college,' shall continue to hold and discharge the duties of those offices, as secretary ..... december, a.d. 1816, the legislature of said state of new hampshire made and passed a certain other act, entitled, 'an act in addition to an act, entitled, an act in addition to, and in amendment of an act, entitled, an act to amend the charter and enlarge and improve the corporation of dartmouth college,' in the words following: " page .....
Tag this Judgment!Court : US Supreme Court
..... statute in a preceding part of this opinion, it was shown that its enactments are sufficient to establish charities not previously valid. it affords, then, a broad foundation for the superstructure which has been erected on it. and although many of the cases go perhaps too far, yet on a review of the authorities, we think ..... cause which can be assigned. if, as has been contended, charitable trusts, however vague, could then, as now, have been enforced in chancery, why pass an act to enable the chancellor to appoint commissioners to inquire concerning them and to make orders for their due execution, which orders were to be revised, established, altered, or ..... denomination, who shall appear promising for the ministry, always giving a preference to the descendants of my father's family." in 1792, the legislature of virginia passed an act repealing all english statutes, including that of the 43 eliz., c. 4. in the year 1795, the testator died. the baptist association which met annually at .....
Tag this Judgment!Court : US Supreme Court
..... the government has its choice of means, or that it may employ the most convenient means if, to employ them, it be necessary to erect a corporation. on what foundation does this argument rest? o n this alone: the power of creating a corporation is one appertaining to sovereignty, and is not expressly conferred on congress. this is true. ..... was ever wild enough to think of breaking down the lines which separate the states, and of compounding the american people into one common mass. of consequence, when they act, they act in their states. but the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures of the ..... the parties in this cause, by their counsel, that there was passed, on the 10th day of april, 1816, by the congress of the united states, an act entitled, "an act to incorporate the subscribers to the bank of the united states;" and that there was passed on the 11th day of february, 1818, by the general assembly of maryland .....
Tag this Judgment!Court : US Supreme Court
..... to that call? the argument that endeavors to establish such a proposition is utterly without any solid foundation. we do not sit here to fritter away the constitution upon metaphysical subtleties. nor is it true that the act of 1795 confines its penalties to such of the militia as are in actual service, leaving those ..... to that of 1795, provides for like courts martial for the trial of militia, drafted, detached, and called forth for the service of the united states, "whether acting in conjunction with the regular forces or otherwise." all these provisions for the government, payment, and trial of the militia manifestly contemplate that the militia are in actual ..... , that in cases where the state governments have a concurrent power of legislation with the national government, they may legislate upon any subject on which congress has acted, provided the two laws are not in terms, or in their operation, contradictory and repugnant to each other. upon the subject of the militia, congress has .....
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