Reports of Cases Argued and Adjudged in the Supreme Court of the United States ...: August 1801-[February 1815], Volume 1Isaac Riley, 1812 |
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Halaman vi
... executed . It has been the endeavour of the Reporter to give a faithful summary of the arguments of counsel . To do them com- plete justice he acknowledges himself incompetent . In no instance , perhaps , has he given the words in which ...
... executed . It has been the endeavour of the Reporter to give a faithful summary of the arguments of counsel . To do them com- plete justice he acknowledges himself incompetent . In no instance , perhaps , has he given the words in which ...
Halaman 24
... execution , and that they might only be enacted in terrorem . But the fact is notorious to all the world . Congress have expressly declared it in the preambles of their acts . The whole system of hostility is founded upon it , and can ...
... execution , and that they might only be enacted in terrorem . But the fact is notorious to all the world . Congress have expressly declared it in the preambles of their acts . The whole system of hostility is founded upon it , and can ...
Halaman 40
... executed ; and that , being in opposition to the law of nations , the court ought to presume it never would have been executed . But the court cannot presume the laws of any coun- try to have been enacted in terrorem ; nor that they ...
... executed ; and that , being in opposition to the law of nations , the court ought to presume it never would have been executed . But the court cannot presume the laws of any coun- try to have been enacted in terrorem ; nor that they ...
Halaman 54
... execution , and the entry of 8,300 acres became vacant , and reverted to the commonwealth , there being no warrant ... executed by actual survey . Ch . Rev. s . S. p . 95 , 96. Any prac tice to the contrary I deem illegal , and contrary ...
... execution , and the entry of 8,300 acres became vacant , and reverted to the commonwealth , there being no warrant ... executed by actual survey . Ch . Rev. s . S. p . 95 , 96. Any prac tice to the contrary I deem illegal , and contrary ...
Halaman 65
... executed by actual survey : ' no warrant to be issued other than pre- emption warrants , before the 15th of October , 1779. No surveyor to admit the entry or location of any warrant before the 1st of May , 1780. A sur- veyor to be ...
... executed by actual survey : ' no warrant to be issued other than pre- emption warrants , before the 15th of October , 1779. No surveyor to admit the entry or location of any warrant before the 1st of May , 1780. A sur- veyor to be ...
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acres act of assembly act of congress action of debt aforesaid Alexandria Amelia appointment assignment assumpsit authority bearer bill of exchange cargo cause caveat charter-party Chief Justice chose in action circuit court cited commission common law considered constitution contract counsel covenant creditor custom of merchants declaration decree deed defendant delivered demurrage Dexter discharge district drawer endorsement endorsor England entitled entry evidence execution fact Falmouth Fendall France French give given Groverman Havre de Grace indebitatus inland bills judges judgment jurisdiction jury land legislature liable Lord Mansfield mandamus Marbury Mason ment negotiable notice opinion Panther creek parties payable payee payment person plaintiff in error plea port president principle promissory note protest question R. T. Hooe recapture received salvage Samuel Dexter seal Seeman statute of Anne suit survey Talbot Term Rep thereof tion United verdict vessel Virginia warrant Wilson words writ of error
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Halaman 149 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Halaman 163 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties he is authorized to appoint certain officers who act by his authority and in conformity with his orders. In such cases their acts are his acts; and whatever opinion may be entertained of the manner...
Halaman 176 - Those, then, who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory.
Halaman 176 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other the courts must decide on the operation of each. So, if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably...
Halaman 137 - Constitution, relative to correspondences, commissions or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign States or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs, as the President of the United States shall assign to the said department...
Halaman 175 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
Halaman iv - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Halaman 174 - That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion; nor can it, nor ought it, to be frequently repeated.
Halaman 164 - But where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, it seems equally clear that the individual who considers himself injured has a right to resort to the laws of his country for a remedy.
Halaman 152 - At the last term on the affidavits then read and filed * 1 *>4. jnih the clerk, a rule was granted in this case, requiring the secretary of state to show cause why a mandamus *should not issue, directing him to deliver to William Marbury his commission as a justice of the peace for the county of Washington, in the district of Columbia.