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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 12
United States. Supreme Court
Uten tilgangsbegrensning - 1816
Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 14
Uten tilgangsbegrensning - 1864
admitted aforesaid appellants appellee applied authority Bank Bank of Hamilton bill of exceptions blood boundary cause ceded Circuit Court claim common law considered Constitution construction contract counsel creditors debts decided decision declaration decree deed defendants in error descent devise district dollars drawn Elam endorser entitled evidence execution executors fact favour Foxall France Gardner give grant heirs Hoffman Indian insolvency interest intestate Jacob Hoffman Jenckes John John Floyd judgment judicial jurisdiction Justice Kentucky land Lawrence legislative legislature Louisiana Matthewson Miami notice object Oconee river opinion parties passed patent payment Pennsylvania person plaintiff in error plea possession principle proceedings provisions purchase question real estate repeal Rhode Island river rule Satterlee settlement Spain statute sufficient suit Supreme Court tenant term territory thousand tion treaty treaty of St trustees United valid Venable void West Florida writ of error
Side 223 - Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other States.
Side 544 - But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the Court.
Side 209 - The First Consul of the French republic, desiring to give to the United States a strong proof of his friendship, doth hereby cede to the said United States, in the name of the French republic, forever and in full sovereignty, the said territory with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French republic, in virtue of the above mentioned treaty, concluded with His Catholic Majesty.
Side 544 - Our Constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.
Side 114 - The common law of England is not to be taken, in all respects, to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their condition.
Side 240 - All the grants of land made before the 24th of January, 1818, by His Catholic Majesty, or by his lawful authorities, in the said territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the territories had remained under the dominion of His Catholic Majesty.
Side 198 - If Congress had passed any Act which bore upon the case, any Act in execution of the power to regulate commerce, the object of which was to control state legislation over those small navigable creeks into which the tide flows, and which abound throughout the lower country of the middle and southern States, we should feel not much difficulty in saying that a state law coming in conflict with such Act would be void. But Congress has passed no such Act.
Side 241 - The inhabitants of the territories which His Catholic Majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States, as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States.