Court : US Supreme Court
..... were so construed by the states of north carolina and georgia as to annul the power itself. the discontents and confusion resulting from these conflicting claims produced representations to congress, which were referred to a committee, who made their report in 1787. the report does not assent to the construction of the two states ..... the executive, legislative, and judicial branches of our government, we have admitted, by the most solemn sanctions, the existence of the indians as a separate and distinct people, and as being vested with rights which constitute them a state, or separate community -- not a foreign, but a domestic community -- not as belonging to the ..... whom they belonged, or by whom they were commissioned, a rightful property in the soil, from the atlantic to the pacific, or rightful dominion over the numerous people who occupied it? or has nature, or the great creator of all things, conferred these rights over hunters and fishermen, on agriculturists and manufacturers? but power, .....
Tag this Judgment!Court : US Supreme Court
..... it is proved by davis, the scrivener who drew the deed and mortgage, that whitesides told bush "that he, whitesides, had a preemption to the property." was this representation false? the only evidence on the subject is in the testimony of petrikin, the register of the land office, who swears "that the commissioners, appointed under the act of ..... except whitesides, and bush claiming under him, are conclusive when taken in connection with evidence of a certificate in his favor by the commissioners to show that the representation of whitesides was not false or fraudulent and that defendant has wholly failed to support this allegation as set forth in his answer. but it has been contended that ..... was using every endeavor to fulfill his contract and obtain a good title for his vendee. as to the alleged fraud on the government by the conduct of the people in dubuque on this occasion, it is sufficient to say that the question is not raised in the pleadings nor the fact proved in the evidence. we are .....
Tag this Judgment!Court : US Supreme Court
..... . by his own confession after the assignment the fraud is established. it is insisted that, this note having been imposed upon the complainants as a good note by the fraudulent representation of anderson, they as vendors have an equitable lien on the plantation and slaves for the amount of it. if the receipt of a note of a third person in .....
Tag this Judgment!Court : US Supreme Court
..... to legislative measures ending in reform, pursuant to legislative countenance and without the necessity of any stronger collateral course. but when the representation is of a character which defeats this, the action of the people, even then, if by large majorities, will seldom be prosecuted with harsh pains and penalties, or resisted with arms. changes ..... full powers for this purpose, and if only for a constitution in part, that said convention have under their especial consideration the expediency of equalizing the representation of the towns in the house of representatives." " resolved, that a majority of the whole number of delegates which all the towns are entitled to ..... without those forms, and abide the consequences. should strong majorities favor the change, it generally is completed without much violence. in most states, where representation is not unequal, or the right of suffrage is not greatly restricted, the popular will can be felt and triumph through the popular vote and the .....
Tag this Judgment!Court : US Supreme Court
..... numerous unknown associates or secret and dormant partners. the necessities and conveniences of trade and business require that such numerous associates and stockholders should act by representation, and have the faculty of contracting, suing, and being sued in a factitious or collective name. but these important faculties, conferred on them by ..... chief justice marshall employed no metaphysical refinement, nor subtlety, nor sophism, but spoke the common sense, "the universal understanding," as he calls it, of the people, when he declared the unanimous judgment of this court, "that it certainly is not a citizen." nor were corporations within the contemplation of the framers of the ..... the governments of the several states; and this too most commonly under the strange (i had almost called it the preposterous) pretext of guarding the people of the states against their own governments, constituted of and administered by their own fellow citizens, bound to them by the sympathies arising from a .....
Tag this Judgment!Court : US Supreme Court
..... they and their sureties are responsible for the money which a collector receives from his predecessor in office, and also for money transmitted to him by another collector upon his representation and requisition that it was necessary to defray the current expenses of his office, and advanced for that purpose. the facts are stated in the opinion of the court. page .....
Tag this Judgment!Court : US Supreme Court
..... without effect. it was accepted without the alteration of a letter, by a vote of 23 to 2 in the senate and 81 to 9 in the house of representations, and received the assent of the state legislatures. georgia ratified the amendment as "an explanatory article," her legislature "concurring therewith, deeming the same to be the only ..... ? this question, important in itself, will depend on others more important still, and may perhaps be ultimately resolved into one no less radical than this: do the people of the united states form a nation?" it is not difficult to perceive the profound misconception of the relations of the states to the union which dictated his judgment. ..... conservative duty of the whole towards each of its parts forms no exception to the general proposition that the constitution confers on the united states powers to govern the people, and not the states. there is therefore nothing in the general plan of the constitution, or in the nature and objects of the powers it confers, or .....
Tag this Judgment!Court : US Supreme Court
..... to confer no power on the federal government to interfere with this institution in the states. in the provision respecting the slave trade, in fixing the ratio of representation, and providing for the reclamation of fugitives from labor, slaves were referred to as persons, and in no other respect are they considered in the constitution. we ..... exercise of that sovereign power which appertains to each. we are bound to respect the institutions of each, as emanating from the voluntary action of the people. have the people of either any right to disturb the relations of the other? each state rests upon the basis of its own sovereignty, protected by the constitution. our ..... the old congress in 1780, made originally and completed in terms to the united states, and for the benefit of the united states, i.e., for the people, all the people, of the united states. the condition subsequently sought to be annexed in 1787 (declared, too, to be perpetual and immutable), being contradictory to the terms and .....
Tag this Judgment!Court : US Supreme Court
..... grant for the land described in his diseno, and, to expedite his purpose, he requested a favorable report. one was made bearing date the 1st of may, 1846. a similar representation was made to the same officer in the district of yerba buena, who declined to act because the place was not within his jurisdiction. the prefect of that page 64 ..... of a witness to the effect that the witness had built a house upon the land in 1847 and had occupied it as tenant from that date, that there were people who inhabited and cultivated the land for the claimant, and that before 1847 the disturbances in the country hindered any improvement or settlement. this testimony is contradicted by a witness .....
Tag this Judgment!Court : US Supreme Court
..... of an expediente. " senor alcalde of first nomination: " "andres castillero, captain of permanent cavalry and at present resident in this department, before your notorious justification makes representation:" "that having discovered a vein of silver, with a ley of gold, on the rancho pertaining to jose reyes berreyesa, retired sergeant of the presidio company of san ..... of the causes for altering the contract, and for canceling the limitation of his profits was to make the contract less onerous as to the supply of ores, people and necessaries, which you will perceive by the 4th article. you are only bound to supply 'as amply as circumstances will allow,' whereas, by the original contract ..... no courts of first instance were established in california would show that a law giving jurisdiction over mines to an alcalde might have been a convenience to the people, but it does not show that such a law existed. 23. it may be safely inferred from the character and history of mexico that its supreme .....
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