Court : US Supreme Court
..... to the cherokee nation the right, by their national councils, to make and carry into effect such laws as they may deem necessary for the government and protection of the persons and property within their own country, belonging to their people, or such persons as have connected themselves with them. but a proviso immediately follows ..... of the united states, either under the fourth clause of the eighth section of the first article of the constitution of the united states or under any act of congress passed in virtue of the constitution of the united states upon the subject of naturalization or in virtue of any admission, obligation, or duty incumbent ..... by marriage, residence, adoption or any other means, unless the proper authority of the united states shall authorize such incorporation." "3d. that the proviso of the act of congress relating to crimes committed by one indian upon the property or person of another indian was never intended to embrace white persons, whether married and residing .....
Tag this Judgment!Court : US Supreme Court
..... . s. 632 as subjects of legislation, they are from their very nature of primary importance; they lie at the foundation of social existence; they are for the protection of life and liberty, and necessarily compel all laws on subjects of secondary importance, which relate only to property, convenience, or luxury, to recede, when they come in conflict ..... , imposed by a state law, that obstructs or hinders the commerce. but the true inquiry here is how long does the imported article so continue? the acts of congress protect "imports," and prescribe the quantity and measure in which they shall be made; the question of more or less is within the competency of congress, but ..... recite the whole of the laws of the state, as they were very similar to those of massachusetts. the following one will be sufficient: "an act in addition to an act entitled 'an act enabling the town councils to grant licenses, and for other purposes.'" "it is enacted by the general assembly as follows:" "section 1. no licenses .....
Tag this Judgment!Court : US Supreme Court
..... the convenience and interests of the public. the franchise, no more than a grant for land, can be annulled by the state. these muniments of right are alike protected. but the property held under both is held subject to a public necessity, to be determined by the state. in either case the property being taken renders valueless the ..... have no other guarantee. it is owing to these characteristics only, in the original nature of tenure, that appeals can be made to the laws either for the protection or assertion of the rights of property. upon any other hypothesis, the law of property would be simply the law of force. now it is undeniable that the investment ..... of the community at large. this power and this duty are to be exerted not only in the highest acts of sovereignty and in the external relations of governments; they reach and comprehend likewise the interior polity and relations of social life, which should be regulated with page 47 u. s. 532 reference to the advantage of the whole society .....
Tag this Judgment!Court : US Supreme Court
..... crew were of the ship and navigation, and stood equally regulated with the ship. the property of passengers could not be taxed or seized, being expressly and affirmatively protected by the act of 1799. it was an import, and whilst it continued in form of an import, could be landed and transferred by the owners inland. this is the ..... terms of that charter not merely the absolute control of civil and political rights, but the power to descend to and regulate ad libitum the private and personal concerns of life. thus, the ground now assumed in terms for the federal government is that the power to regulate commerce means still "more especially" the power to regulate "personal intercourse ..... by the boarding officer of the state as paupers belonged to that denomination or not? how could it ascertain what had been the pursuits, habits, and mode of life of every emigrant and how far he was liable to lose his health and become, with a helpless family, a charge upon the citizens of the state? how .....
Tag this Judgment!Court : US Supreme Court
..... been issued or which had been previously surveyed, and any patent which may nevertheless be obtained for land located contrary to the provisions of this act shall be considered null and void" protected an entry which had been made in the name of a dead man in 1822. and a subsequent conflicting entry came within the prohibition of ..... but embracing the legality of locations made since the enactment of the proviso upon lands previously patented or surveyed, without reference to the circumstance of the death or life of those in whose names such previous patents may have been granted or surveys made. the language of the proviso is broad and comprehensive enough to comprise patents ..... survey. there can be no question as to the power of the government to revive or confirm surveys or patents made or granted to persons not actually in life when such surveys or patents were made; there is an obvious propriety in a fulfillment of its undertakings by the government, and in its forbearance to enforce a .....
Tag this Judgment!Court : US Supreme Court
..... from duty, though several articles before free were then taxed, 5 stat. 463. but in 1842, when the policy of the government again became adapted to protection no less than revenue, the act now under consideration was shaped so as to tax whatever might compete with our own manufacturers, and to admit free only articles in such shape or form as ..... added, under the same schedule and rate of duty, "shoes composed wholly of india rubber." it would also be very extraordinary if the spirit of the act of 1842, in its high protective policy, should not mean to tax the foreign india rubber shoe made wholly of india rubber when it was, and still is, a most formidable and successful ..... attached to the word, it is making an article, either by hand or machinery, into a new form, capable of being used, and designed to be used, in ordinary life. indeed, these india rubber shoes were originally made in brazil not as a form of sending abroad a raw material to be used for other purposes. but they were prepared .....
Tag this Judgment!Court : US Supreme Court
..... of proceedings therein involving rights of persons or property concerning them, they are regarded as wards of the court, and as under its special cognizance and protection, and no act can be done affecting either person or property or the condition of infants except under the express or implied direction of the court itself; and every ..... the consideration, he refused to do so. the deed too recites a consideration of two thousand dollars, and it is proved that the consideration was, in fact, wild worthless tax lands in virginia or pennsylvania, an account for articles furnished to clarke by de grasse, and some items of money lent. the witness says both clarke ..... shall be appropriated, applied, and secured in the first instance, and exclusively, to the suitable maintenance of the family of the petitioner, according to their situation in life, and the suitable education of his children, and shall not be subject or liable to or for the engagements, debts, or control of the petitioner, or for any .....
Tag this Judgment!Court : US Supreme Court
..... for the proceeding about to be effected. the tone, the language, the artificial structure of this letter, its familiarity with the terms peculiar to the business of life, all bespeak it, in our judgment, not the production of an inexperienced girl, but of a far more practiced and deliberate author. lastly may be mentioned with ..... that he, the said william scarborough, would consent that your oratrix should so have the property disposed of that the said julia scarborough should have it during her life, and that after her death it should be divided between your oratrix, her two sisters and two brothers." "and your oratrix further showeth unto your honors and ..... or other mark of direct and positive fraud. but the principle on which courts of equity act in regard thereto stands, independent of any such ingredients, upon a motive of public policy, and it is designed in some degree as a protection to the parties against the effects of overweening confidence and self-delusion, and the infirmities of .....
Tag this Judgment!Court : US Supreme Court
..... term of seven years next preceding the commencement of this suit. and if they had paid the taxes during that time, it is very clear that they were protected by the act of limitations of 1839, and the deed would in that case have been admissible in evidence. for the suit appears to have been instituted in 1848, and ..... foundation in fact, and has been adopted because it is necessary as a general rule for the purposes of justice. and laws are therefore often passed to protect persons who have acted in good faith in matters of property from the consequences of their ignorance of law. thus, laws confirming defective and void deeds for real property have ..... was on officer authorized to sell such land for the nonpayment of taxes? we think not. this interpretation is more in harmony with the title which the act requires before its protection can attach. a title and seven years' actual residence upon the land are necessary. the legislature must have meant by title something more than a void deed .....
Tag this Judgment!Court : US Supreme Court
..... the same penalty on those who cut other timbers, such as oak or hickory trees. it is insisted by the reasons in arrest, that the only object of the act was to protect, by stringent penalties, timbers suited to shipbuilding and naval purposes, and which had been reserved for such public use, and that it is apparent from the ..... it is an offense for which an indictment is the proper remedy, and the party punishable by fine and imprisonment." the caption of the act would indicate that timber reserved for naval purposes was meant to be protected by this mode, and none other. but the enacting clause is general, and not restricted to live oak or red cedar, nor to ..... cedar trees or other timber from any other lands of the united states shall be punished by fine and imprisonment. the title of the act would indicate that timber reserved for naval purposes was meant to be protected by this mode and none other. but the enacting clause is general, and therefore cutting and using of oak and hickory, or any .....
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