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
..... 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
..... 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!Court : US Supreme Court
..... the shipment could have been intended for no other purpose than to impose, as to them, on the courts of the united states, for this contrivance or cover could not protect his vessel from capture and condemnation. yet if we believe some of the witnesses, smith declared that the whole of the cargo belonged to himself and some merchants in london ..... uncertainty respecting a fact which is deemed so material and to which the claimant's attention has never been called, it cannot be expected that the court should not only act upon it as positively proved, but follow it up with the condemnation of property so clearly proved to belong to a neutral. it would be more charitable, and not ..... filled up with the same ink, and in the page 18 u. s. 139 same handwriting and at the same time, which is no small proof of their being cotemporaneous acts, and of the authenticity of the one which is now produced by the consignee. but no letter from merino to his correspondent, nor any invoice, nor any bill of .....
Tag this Judgment!Court : US Supreme Court
..... offense be made punishable both under the laws of the states and of the united states? every citizen of a state owes a double allegiance; he enjoys the protection and participates in the government of both the state and the united states. it is obvious that in those cases in page 18 u. s. 34 which the ..... imagine a reason why the states may not also, if they feel themselves injured by the same offense, assert their right of inflicting punishment also. in cases affecting life or member, there is an express restraint upon the exercise of the punishing power. but it is a restriction which operates equally upon both governments, and according to ..... doctrine, 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 exercised .....
Tag this Judgment!Court : US Supreme Court
..... jury to have been committed by the prisoner amounts to the crime of piracy as defined by the law of nations, so as to be punishable under the act of congress entitled "an act to protect the commerce of the united states and punish the crime of piracy." all which is ordered to be certified to the circuit court for the district of ..... facts stated, the case is piracy, as defined by the law of nations, so as to be punishable under the act of congress of the 3d of march, 1819. page 18 u. s. 164 mr. justice livingston dissented. in a case affecting life, no apology can be necessary for expressing page 18 u. s. 165 my dissent from the opinion which has ..... just been delivered. page 18 u. s. 166 the only question of any importance in this case is whether the act of 3 march, 1819, be a page 18 u. s. 167 .....
Tag this Judgment!Court : US Supreme Court
..... in this section the legislature intended to take from a citizen offending against the united states, under color of a commission from a foreign power, any pretense to protection from that commission, and it is almost impossible to believe that there could have been a deliberate intention to distinguish between the same offense committed under color of such ..... advise any person or persons to do or commit any murder or robbery, or other piracy page 18 u. s. 101 aforesaid upon the seas which shall affect the life of such persons shall," &c.; upon this section also, as on the preceding, it has been argued that the legislature cannot have intended to exclude from punishment those ..... 18 u. s. 93 mr. chief justice marshall delivered the opinion of the court. the indictment in this case is founded on the 12th section of the act entitled "an act for the punishment of certain crimes against the united states." that section is in these words: "and be it enacted that if any seaman or other person shall .....
Tag this Judgment!Court : US Supreme Court
..... where this independence may not exist, in all cases where a state shall prosecute an individual who claims the protection of an act of congress. these prosecutions may take place even without a legislative act. a person making a seizure under an act of congress, may be indicted as a trespasser, if force has been employed, and of this a jury ..... are guilty of open profanity, or grossly indecent language or behaviour publicly in the streets, all public prostitutes, and such as lead a notoriously lewd or lascivious course of life, and all such as keep public gaming tables, or gaming houses, to give security for their good behaviour for a reasonable time, and to indemnify the city against ..... calendar months, for any one offence, as may be deemed equivalent to such penalty and costs; to cause all vagrants, idle or disorderly persons, all persons of evil life or ill fame, and all such as have no visible means of support, or are likely to become chargeable to the city as paupers, or are found begging .....
Tag this Judgment!