Court : US Supreme Court
..... law, statute, ordinance, regulation, or custom, shall subject or cause to be subjected any inhabitant of any state or territory to the deprivation of any right, secured or protected by this act or to different punishment, pains, or penalties on account of such person's having at any time been held in a condition of slavery or involuntary servitude except as ..... and his victim like a vindictive shade. it arrests his arm, and loosens the dagger from his grasp. should not the colored man have the aegis of this protection to guard his life, as well as to guard his limbs or his property? should be not enjoy it in equal degree with the white citizen? in a large and just sense ..... , can a prosecution for his murder affect him any less than a prosecution for an assault upon him? he is interested in both alike. they are his protection against violence .....
Tag this Judgment!Court : US Supreme Court
..... rights will not be precluded by the present decree; nor have they any such interest in the subject matter of this suit that their presence is necessary to the protection of the bank. a complete decree can be made between the bank and the assignee without touching the rights of hotchkiss & sons or embarrassing the bank in its ..... the circumstances in which he stated that he had instituted his proceeding. [ footnote 1 ] we are of opinion that the proviso to the 50th section of the bankrupt act, which declares that no petition or other proceeding under it shall be commenced before the first day of june, 1867, is limited in its effect to such commencement, and ..... page 81 u. s. 88 transfer &c.;, having reasonable cause to believe the debtor to be insolvent, and that the payment, conveyance &c.;, is in fraud of the act, the same shall be void, and the assignee may recover the property or its value. similarly, its 39th section provides that if any person being insolvent or in contemplation thereof .....
Tag this Judgment!Court : US Supreme Court
..... that, notwithstanding the restraints of those articles on the states and the laws passed under the additional powers granted to congress, these were inadequate for the protection of life, liberty, and property, without which freedom to the slave was no boon. they were in all those states denied the right of suffrage. the laws ..... state court on those questions is clear, and is imperative. the statute thus assailed as unconstitutional was passed march 8th, 1869, and is entitled "an act to protect the health of the city of new orleans, to locate the stock landings and slaughterhouses, and to incorporate the crescent city livestock landing aud slaughter-house ..... protection to all for the preservation of life, liberty, and property, and the pursuit of happiness. [ footnote 3/3 ] page 83 u. s. 128 it is admitted that the plaintiffs in error are citizens of the united states, and persons within the jurisdiction of louisiana. the cases before us, therefore, present but two questions. (1) does the act .....
Tag this Judgment!Court : US Supreme Court
..... now assigned it for error. looking at the subject in the light of reason, it is difficult to perceive how one incapable of understanding and of acting in the ordinary affairs of life can make an instrument the efficacy of which consists in the fact that it expresses his intention, or, more properly, his mental conclusions. the fundamental ..... he continues insane, he cannot avoid it, and if therefore it is operative until avoided, the law affords a lunatic no protection against himself. yet a lunatic, equally with an infant, is confessedly under the protection of courts of law as well as courts of equity. the contracts of the latter, it is true, are generally held to ..... contract at any time, either during his minority or after he comes of age. this is for him a sufficient protection. but as a lunatic cannot avoid a contract, for want of mental capacity, he has no protection if his contract is only voidable. it must be admitted, however, that there are decisions which have treated deeds and .....
Tag this Judgment!Court : US Supreme Court
..... to him is his authority to proceed, and, like an execution to a sheriff, regular on its face, issued by a tribunal having jurisdiction of the subject matter, constitutes his protection." the assessment in this case, duly certified by hyatt, the assessor, was received in evidence without objection, and no point was raised as to its form or sufficiency. if, ..... act on this supposition, it is difficult to see how he could be protected in collecting taxes, when the authority of the assessor to levy them was given by law, and the precept for their collection was ..... assessor had page 82 u. s. 676 grounds for his action, which would relieve the case of its apparent hardship, but whether he had or not, the collector is protected. this officer had the right to suppose the taxes were due, and that all proper steps had been taken to ascertain this fact. if he could not rightfully .....
Tag this Judgment!Court : US Supreme Court
..... . 272 line, always difficult to be traced, between the limits of state sovereignty in imposing taxation and the power and duty of the federal government to protect and regulate interstate commerce. while upon the one hand it is of the utmost importance that the states should possess the power to raise revenue for all ..... commerce with foreign nations and among the several states and with the indian tribes." on the 25th of august, 1864, the legislature of pennsylvania passed an act entitled "an act to provide additional revenue for the use of the commonwealth." it enacted: "section 1. that the president, treasurer, cashier, or other financial officer of every ..... state law was unconstitutional and void. the chief justice and mr. justice clifford thought the judgment should have been placed exclusively on the ground that the act of the state legislature was inconsistent with the power conferred upon congress to regulate commerce among the several states, and it does not appear that the other .....
Tag this Judgment!Court : US Supreme Court
..... seen by the witness? suppose in the distant future no proof of publication could be found, would all the rights which had grown up under it be lost unless protected by the rule of limitations? would the instrument itself be a nullity? would an exemplified copy from the proper office be an insufficient answer to the plea of ..... " between such inhabitants and the citizens of the rest of the united states "shall cease and be unlawful so long as such condition of hostility shall continue. " by the act of july 2d, 1864, [ footnote 2 ] provision was made for the transmission and sale of cotton from the insurrectionary states. among other things, it was provided that a ..... at an end, the instrument was perfect, and the rights of all parties became fixed. but until he gave life to his proclamation, by some public or official notice of its existence, it was inchoate merely. the last act had not been performed. the learned counsel who argued for the appellant did not deny that until publication had been .....
Tag this Judgment!Court : US Supreme Court
..... fact that these transactions had relation to a trust does not in this instance take the case from within the influence of those salutary principles intended to give protection against stale claims. it may be conceded that so long as a trustee continues to exercise his powers as trustee in regard to property, that he can ..... aggrieved party, of the facts constituting such fraud, and not after that time." the complainants contended, as already said, that jeanet clarke's estate was one but for life, with remainder to her son. they also contended that the statutes set up did not apply for several reasons: first, because the claim was for a breach of ..... further contended that the peculiar remedy in equity against a concealed fraud before adverted to, was allowable against a party who by mistake committed or participated in injurious acts. the defendants denied all fraud, and asserted full knowledge of the material facts on the part of george, notice of all material facts to him and ratification .....
Tag this Judgment!Court : US Supreme Court
..... shall abridge the privileges or immunities of citizens of the united states; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. " page 85 u. s. 132 mr. justice miller, after stating the case, delivered ..... permitted to encroach upon any of the just rights of the citizen, which the constitution intended to guard against abridgment, and because, in their opinion, the act of louisiana then under consideration went far beyond the province of a police regulation and created an oppressive and odious monopoly, thus directly impairing the common rights of ..... court, asserted in the record in various forms that the statute under which he was prosecuted was a violation of the constitution of the united states. the act of the prosecuting attorney, under these circumstances, in going to trial without any replication or denial of the plea, which was intended manifestly to raise that .....
Tag this Judgment!Court : US Supreme Court
..... to punish for that offence was at an end. unless the whole doctrine of our system of jurisprudence, both of the constitution and the common law, for the protection of personal rights in that regard are a nullity, the authority of the court to punish the prisoner was gone. the power was exhausted; its further exercise was prohibited ..... more than one statutory offence, or to bring the party within the jurisdiction of more than one court, there has never been any doubt of its entire and complete protection of the party when a second punishment is proposed in the same court, on the same facts, for the same statutory offence. the principle finds expression in more ..... this important principle in this form: 'nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.' our courts of justice would have recognized and acted upon it as one of the most valuable principles of the common law without any constitutional provision. but the framers of our constitution have .....
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