Court : US Supreme Court
..... description is liable to be disposed of by the legislative page 12 u. s. 229 power of the country, yet until some act is passed upon the subject, it is still under the protection of the law, and may be claimed after the termination of war if not previously confiscated. we will therefore make such order ..... judicial tribunals as the only practical means of furnishing documentary evidence to accompany ships that have been captured, for the purpose of proving that the seizure was the act of sovereign authority, and not mere individual outrage. in the case of a purchase made by a neutral, great britain demands the production of such documentary evidence ..... termination of the war unless legislative provision should previously be made for the confiscation of enemy's property found in the country at the declaration of war. the act of bringing in the cargo, though consisting of articles the importation of which was prohibited by law, was not considered, under the. peculiar circumstances of this case .....
Tag this Judgment!Court : US Supreme Court
..... claimants from the necessity of proving such intention. he thought it highly reasonable that they should be admitted to their jus postliminii, and be held entitled to the protection of british subjects. but the property of those claimants who had settled before it came to the possession of great britain, was condemned. "having settled without any ..... in person during the war, and made the shipment under his own inspection and control. it was determined that in this transaction, he acted in his character as a dutch merchant, and was not protected by his license. this was a trading during war. in the case of the citto, the property of mr. bowden, a british ..... he resides, cannot, in my opinion, without subverting those principles, apply a hostile character to his trade carried on during peace, so conclusively as to prevent his protecting it by changing that character within a reasonable time after a knowledge of the war. my opinion, then, is that a mere commercial domicile acquired by an .....
Tag this Judgment!Court : US Supreme Court
..... capture was rightful. this is a question of some difficulty, but on full consideration, a majority of the court is of opinion that the instruction meant to protect all british merchandise on board an american ship, without any exception on account of british proprietary interest. it was supposed that british as well as american merchants ..... condemned as enemy property or as adhering to the enemy if rightfully captured during the voyage. the president's instruction of 28 august, 1812, was meant to protect all british merchandise on board an american ship, without any exception on account of british proprietary interest. the ship thomas gibbons sailed from liverpool for savannah, on ..... of opinion that the instruction of the president of 28 august is within the authority delegated to him by the prize act. but it is argued that, admitting its legal validity, this instruction cannot protect the ship and cargo from capture as prize of war, because the cargo was shipped after a full knowledge of the .....
Tag this Judgment!Court : US Supreme Court
..... from whom to take or buy land." the judges and lawyers of the state of north carolina have been much divided on the construction of this act, some maintaining that, like other acts of limitation, it protects mere naked possession; others that the first and second sections (which are retrospective) have such an influence on the third and fourth (which are ..... court is relieved from an investigation of these doubts by a case decided in the supreme court of north carolina in which it was finally determined that the act of 1715 afforded protection to those only who held by color of title. this contest was maintained as strenuously in tennessee after its separation from north carolina as in the present ..... person in possession to show more than a color of title, a deed acquired in good faith, in order to protect himself under that act; so nothing further ought to be required in order to enable him to avail himself of the act of 1797. that if it should be necessary to trace a title up to a grant, the .....
Tag this Judgment!Court : US Supreme Court
..... where there is manifest fidelity, diligence, and ordinary judgment displayed, this court will always with some reluctance enforce the rigid rules which courts have been obliged, for the protection of estates, to impose upon the conduct of executors. in the principal case, the language of thomas bryant page 15 u. s. 43 is by no means positive ..... case she should survive him, and to their child or children in case he should survive her, with condition that if h. should, within the time of his life or within one year after marriage (whichsoever of the said terms should first expire) convey to the trustee some good estate, real or personal, sufficient to secure the ..... the expediency of the measure. neither of them had then qualified, nor was it at all certain that they would qualify, and the only person then empowered to act on this subject was bryant himself, who, by virtue of the assignment which he held, possessed a power which legally survived his principal. under this assignment it was .....
Tag this Judgment!Court : US Supreme Court
..... of the treaty to the state of maryland where the law, instead of subjecting the estate to immediate forfeiture, protects it for ten years. the treaty substitutes the term of life for the term of ten years given by the act. if, then, the treaty between the united states and france still continued in force, the defendant would certainly ..... repeal of this treaty could not affect the real estate acquired by john baptiste chirac, because he was then a naturalized citizen, conformably to the act of congress, and no longer required the protection given by treaty. john baptiste chirac having died seized in fee of the land in controversy, his heirs at law being subjects of france, and ..... acquired them the day after its formation. he is seized of the same estate, and has precisely the same power during life to dispose of it. this limitation of the compact between the two nations would act upon and change all its stipulations if it could affect this case. but the court is of opinion that the treaty .....
Tag this Judgment!Court : US Supreme Court
..... whose characters and conduct were so far above all imputation of malice or oppression. nor can this court altogether close its feelings against the claims to protection of that navy which has so nobly protected the reputation of the country. yet we mistake the character of the men who constitute it, if they would not be among the first to ..... a ship, the absolute subordination of every officer to his command attaches to him the imputation of the marine trespasses of his subalterns on the property of individuals, when acting within the scope of his commands. orders even giving a discretion to a subordinate in such cases is no more page 15 u. s. 358 than adopting his ..... responsible; but not so as to mere trespasses, unattended with a conversion to the use of the squadron. the commander of a single ship is responsible for the acts of those under his command, as are likewise the owners of privateers for the conduct of the commanders appointed by them. to detain for examination is a right which .....
Tag this Judgment!Court : US Supreme Court
..... has been likened to certain cases between principals and sureties, but it does not fall within any of the rules which it has been thought proper to adopt for the protection of the latter. although the original undertaking of an endorser of a promissory note be contingent, and he cannot be charged without timely notice of nonpayment by the maker, yet ..... clearly his own fault, it being his duty to pay the money, in which case, he may take under his own direction the judgment obtained against the maker. by an act of maryland, it seems expressly provided, which is, perhaps, only declaratory of the common law, that an endorser may tender to a plaintiff the amount of a judgment which he ..... the scope of his authority, and if he had transcended his power as agent, it would hardly be fair that his constituents should suffer by his act. but admitting both objections, and they will not effect the verity of his answer, for if he had a direct interest in the event of the suit, and to the .....
Tag this Judgment!Court : US Supreme Court
..... as possessing the whole legal and equitable interest and completely representing the donors for the purpose of executing the trust, has rights which are protected by the constitution. it results from this opinion that the acts of the legislature of new hampshire which are stated in the special verdict found in this cause are repugnant to the constitution of the united ..... executed contract, upon the acceptance of the estate? the same question might be asked in a case of a gratuitous grant by the king or the legislature to a. for life, and afterwards, to the heirs of b., who is then living. take the case of a bank, incorporated for a limited period upon the express condition that it ..... last will as the trustees of his charity school compose a part of the corporation, and he is declared to be the founder of the college, and its president for life. were the inquiry material, we should feel some hesitation in saying that dr. wheelock was not, in law, to be considered as the founder, 1 bl.com. 481 .....
Tag this Judgment!Court : US Supreme Court
..... of the united states. what was the object of those restrictions? it could not have been to protect the citizen from his own acts, for it would then have operated as a restraint upon his rights; it must have been against the acts page 17 u. s. 243 of others. but to constitute particular tribunals for the adjustment of controversies ..... the words of magna charta. "no freeman ought to be taken or imprisoned, &c.;, or deprived of his life, liberty or property but by the judgment of his peers or by the law of the land." the act by which this bank is incorporated gives a summary remedy for the recovery of notes endorsed to it, provided those ..... among them, to submit themselves to the exercise of summary remedies, or to temporary privation of rights of the deepest interest are among the common incidents of life. such are submissions to arbitration; such .....
Tag this Judgment!