Court : US Supreme Court
..... in the main similar principles, yet in some respects had become unlike, and, on a particular subject, promised to be antagonistic. their systems provided protection for life, liberty, and property among their citizens, and for the determination of the condition and capacity of the persons domiciled within their limits. these institutions, ..... my opinion is that the third article of the treaty of 1803, ceding louisiana to the united states, stands protected by the constitution, and cannot be repealed by congress. and, secondly that the act of 1820, known as the missouri page 60 u. s. 529 compromise, violates the most leading feature of ..... the mississippi territory, were adopted. a territorial government was organized between the chattahoochee and mississippi rivers. this was within the limits of georgia. these acts dismembered georgia. they established a separate government upon her soil, while they rather derisively professed "that the establishment of that government shall in no respects .....
Tag this Judgment!Court : US Supreme Court
..... have followed, as in the state constitutions, and in the ordinance of 1787, the words of magna charta, and declared that no person shall be deprived of his life, liberty, or property but by the judgment of his peers or the law of the land, would have been in part superfluous and inappropriate. to have taken the ..... , commencing so early in the government page 59 u. s. 280 when the first occasion for this manner of proceeding arose, continued throughout its existence, and repeatedly acted on by the judiciary and the executive, is entitled to no inconsiderable weight upon the question whether the proceeding adopted by it was "due process of law." prigg ..... accountants of the crown were placed on the same footing as debts acknowledged to be due by statute staple. these balances were found by auditors, the particular officers acting thereon having been, from time to time, varied by legislation and usage. the different methods of accounting in ancient and modern times are described in mr. price .....
Tag this Judgment!Court : US Supreme Court
..... to it narrower than its words fairly import." though this extract was written with reference to the first point certified in that case, which was, whether the act of the 3d march, 1851, repealed so much of all former laws as provided that merchandise, when imported from a country other than that of production or manufacture ..... as the period of exportation to the united states. but mr. secretary meredith, there years afterwards, in his circular of the 5th july, 1850, eight months before the act of the 3d march, 1851, was passed, observes, that the appraisers had been restrained in the discharge of their duties by the result of frequent appeals from their ..... 1851, meant to use the words "period of exportation" in the sense in which they had been understood by the treasury department in its construction of previous revenue acts, and as that construction may have been sanctioned by this court. there had been uncertainties of opinion and in practice in the treasury department, and also in several .....
Tag this Judgment!Court : US Supreme Court
..... exposed to depredation, and in the absence of a navy and without defined boundaries, the police of the states on this exposed frontier may be inefficient for the protection of the interests of the union. i shall not inquire whether these considerations, or those among them which are applicable to the river mississippi, authorized the decisions in ..... , or instruments, or other things whatsoever which touch the king against his crown and regality or his realm shall be outlawed and placed out of the king's protection." in the following reign the accroaching spirit of the courts of admiralty received a further rebuke. upon the prayer of the commons, the statutes of richard ii were ..... hawkins, in his pleas, says that, it being inconsistent with the liberties of the nation that any man's life should be taken away, unless by the judgment of his peers or the common law of this land, that act was passed. 1 hawk.pl. 251. and the same principle is embodied in the constitution of the united states, .....
Tag this Judgment!Court : US Supreme Court
..... him at law, but in equity she may do so, and against all others who may be proper or necessary parties. but it must be done under the protection of some other person who acts as her next friend, and the bill is accordingly exhibited in her name by such next friend. story's equity pl., 6th ed., sec. 61, 61. ..... authority whose province it was to judge of those circumstances. that authority can exist nowhere but with the power and the right to control the private and domestic relations of life. the federal government has no such power; it has no commission of censor morum over the several states and their people. but irrespective of the disability of the wife ..... day alimony is above computed, should be paid by the defendant in quarterly payments on the 1st days of march, june, september, and december, in each year during the life of mrs. barber, and in case of its not being so paid, that the quarterly payments should bear interest as they respectively became due, and that execution might issue .....
Tag this Judgment!Court : US Supreme Court
..... of business for value and without notice, and legislation in great britain and some of the states of the union has extended to the same class of persons a similar protection in other contracts. but this concession is made for the security and convenience, if not to the necessities and wants, of commerce, and is not to be extended beyond ..... inoperative. the decision of baldwin v. ely, 9 how. 580 does not sanction the claim of the defendants. the certificates which were the subject of controversy were issued, under an act of congress, to a person or his assigns. the ordinary form of assignment was a blank endorsement, and this had been recognized as sufficient at the treasury of the united ..... description for the residue. that he did not give to his agent any authority to sell them or to dispose of them for his own use, and has done no act to defeat his own legal title to them. that love did not collect any part of the debt, and has failed to return the two certificates in question. that for .....
Tag this Judgment!Court : US Supreme Court
..... it could not have been done or successfully commenced during the time he remained in presque isle. a removal of a part would have enabled him to protect the residue on board, and there is no sufficient ground from the evidence to conclude that he would have encountered any serious difficulty in finding places enough ..... it contains other provisions also of very great practical importance, and among the number the following: that for embezzlement, loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture done, occasioned, or incurred, without the privity or knowledge of the owner, his liability shall in no case exceed ..... propositions, whether taken separately or collectively, necessarily involve mixed questions of law and fact, which in a case like the present must be determined by the court, acting instead of a jury, to find the facts, and as a court to determine the law. such propositions, therefore, must be considered in connection with all the .....
Tag this Judgment!Court : US Supreme Court
..... so as to make the antedating of the grant irreconcilable with the weight of the proof; otherwise there can be no protection against imposition and fraud. the record of the title must be shown, or its absence accounted for to the satisfaction of ..... from the departmental government, which will issue the customary titles, and at the same time they must endeavor to reduce the wild nature of the indians, assuring them that the government wishes a treaty and friendship with them. the next document is a ..... ask the grant, offering to domesticate the indians and convert them by gentle means, if possible, to a better system of life. salvador vallejo adds that being in actual service in quality of captain of cavalry, and not having received his pay, he ..... . arce" the signatures of m. g. vallejo to the permit of occupation, and of micheltorena and f. c. arce, the governor and acting secretary, are genuine, if three witnesses are to be believed -- castenada, w. d. m. howard, and salvador vallejo, one of the .....
Tag this Judgment!Court : US Supreme Court
..... to demand the property and which required the receiver to surrender it with the complainant's acknowledgment of its receipt. these papers should then be filed in court for the protection of the trustee. the case is stated in the opinion of the court. mr. justice wayne delivered the opinion of the court. on the 3d march, 1841, at little rock ..... to the instruction of the court that by the decree of the court below in august, 1850, and the affirmance of it by this court in 1851, ross ceased to act as receiver, and from thenceforth held the jewelry in question only as the trustee of very. that decree put an end to the controversy excepting to what remained to be ..... . upon the return of such a certificate, the court would have directed it to be put on file with the other papers in the suit as a voucher for the protection of ross from further responsibility to the parties and as evidence that its decree in that particular had been executed. such a course is not merely a form, to be .....
Tag this Judgment!Court : US Supreme Court
..... in all their irregularities, we now proceed to state what have been the uniform decisions of the supreme court of the united states in respect to the protective clause against legislation by the states impairing the obligation of contracts, and particularly of that legislation of ohio comprehending the present controversy, which its supreme court has ..... ohio was a contract between the state and the bank within the meaning, and entitled to the protection of the constitution of the united states against any law of the state of ohio impairing its obligation, and that the acts of ohio upon which the supreme court of ohio has assumed the state's right to tax ..... of ohio of the 24th of february, 1845, entitled "an act to incorporate the state bank of ohio and other banking companies," under the provisions of which the said jefferson branch was organized, is not a contract within the meaning, and entitled to the protection, of that clause of the constitution of the united states which provides .....
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