Gambar halaman

at St. John then immediately telegraphed to the ment made some time since that a series designed to defendants: “Do not deliver earthenware from our embrace all cases of general value appearing in the English house to W. P.; hold to our order. Clement- various reports of American courts of last resort or son & Co.” W. P. had a large number of other pack-appeal up to the year 1869, was welcomed with pleasages with defendants. Held, that the notice to stop ure by many of the profession. The initial volume of was insufficient, as it did not specify or identify the this series has now appeared, and the work of the regoods in question, and the plaintiff's names did not porter is so excellently done that we are confident the appear in any bill of lading held by the defendants. bench and bar will give it the same hearty support Court of Q. B., Ontario, Dec. 28, 1877. Clementson v. they have accorded to other enterprises of the same G. T. Ry. Co. (Can. L. J.)

character, covering other ground. The plan of the work Usury: consolidation of usurious loans with those not is best stated by the reporter. In his preface he says, usurious.- Where a loan of $4,500 was made, on which “It is proposed to include in this series of reports, all a $500 prenium was paid, and included in the mort- the cases of any general value and authority from the gage, and subsequent loans were made, and, finally, earliest reported decisions of our several State courts all the loans included in one mortgage of $7,500. Held, up to the year 1869, after which period the ground is that the first loan only was usurious, and to that the covered by the series known as the American Reports. forfeiture of interest must be confined. N. J. Chan- It is not thought desirable to include therein the Fedcery, Dec. 18, 1877. Mahn v. Hussey (N. J. L. Jour.) eral decisions, of which a revision is being published.

The decisions of courts of last resort will be mainly

considered; but there are decisions of courts of less COURT OF APPEALS ABSTRACT.

grade that have been so long trusted and followed, and BANKRUPTCY.

cited in our courts and text-books, that they may be 1. Surety on undertaking on appeal not exonerated deemed of such established authority as to rank with from liability by discharge of principal.-Under the the decisions of the higbest courts, and these will, provision of the statute (Old Code, $$ 334, 335), relating therefore, demand our attention. Such, for example, to stay of execution upon appeal, defendants under- are the decisions of the Supreme Court, and the Court took for the payment of all costs that might be of Common Pleas in Pennsylvania, reported in Dallas, awarded against their principal, the appellant in the and those of the Supreme Court in New York." action, on the appeal and the judgment appealed from,

The work of the reporter is conscientiously done. in case the same should be affirmed or the appeal We have examined with care the various cases reported should be dismissed. Held, that the discharge of the and the annotations, and find that where cases have principal iu baukruptcy pending, the appeal did not, been overruled or doubted, or the doctrines therein under the provisions of $ 38 of the Bankrupt Act, re- stated modified, the fact is mentioned and the case lease defendants from their liability upon the under- where it occurs cited. To refer to the more valuable taking. (Cornell v. Dakin, 38 N. Y. 253; Carpenter y. decisions in a report like this, is somewhat difficult, Turrill, 100 Mass. 450; Odell v. Wootten, 38 Geo. 224.) nearly all the cases being such as to merit attention. Judgment below affirmed. Knapp v. Anderson.

We will notice only these: Mack v. Parsons, p. 17, an Opinion by Allen, J.

old Connecticut case, sets forth a rule of comfort to 2. Who may and may not be relieved by discharge in husbands, namely, that a son-in-law cannot be held bankruptcy.–Bail to the action may be released on liable for the support of his wife's parents; Tuttle v. motion if their principal is discharged from his debts

Bigelow, p. 35, extending the time of performance is a before their liability is fixed as bail, but bail in error good consideration to support a promise; Kinsman v. or sureties in an undertaking upon appeal for the per- Kinsman, p. 37, grass growing does not pass by a deformance of the judgment that may be given by the

scription of personal property in a will; Warner v. appellate court, are not discharged. Ib.

Warner, p. 38, the determination of a verdict by [Decided Dec. 18, 1877.]

dividing the aggregate of the sums found by each jury

man by twelve, held ground to arrest the judgment; NEW BOOKS AND NEW EDITIONS.

Leffinguell v. White, p. 97, in bills and notes time is

calculated by calendar, not lunar months; Oakley v. AMERICAN DECISIONS, VOL. I.

Farrington, p. 107, defendant said of plaintiff, a The American Decisions, containing all the cases of general value and authority decided in the courts of the sev

magistrate, "Squire Oakley is a damned rogue;" it did eral States, from the earliest issue of the State reports not appear that the words were spoken of plaintiff in to the year 1869. Compiled and annotated by John Proffatt, LL, B., author of "A Treatise on Jury Trial,"

his magisterial capacity. Held , that they were not etc., Vol. [. San Francisco: A. L. Bancroft & Co., 1878. actionable; Morris v. Tarin, p. 233, money volun

tarily paid where there was no legal obligation, cannot cisions of the courts will be within the reach of be recovered back; Respublica v. Oswald, p. 246, pubevery practitioner of moderate means; not merely the lication of remarks in a uewspaper having a tendency leading cases, but all that he will be likely to want, or to prejudice the public as to the merits of the case, which will probably be referred to in the elementary held a contempt of court; Messier v. Amery, p. 316, treatise he consults, or in the latest delivered opinions a foreign judgment of a court having jurisdiction of of the courts. The current decisions of the American the subject matter, held conclusive, and its merits not courts possessing general value have for some years to be inquired into in a collateral action; Moncrieff v. been given to the profession in the "American Re- Goldsborough, p. 407, it is a fraud for a vendor at auc. ports," but the vast body of

scattered tion to employ by-bidders; State v. Brown, p. 548, a through the two thousand or so volumes of State and horse stolen in one State, and carried into another, local reports in existence before that series was will not make a felony in the latter State; Irwin v. commenced, are yet inaccessible to most of those who Sherill, p. 574, a stranger misrepresenting a horse to have need to consult them. Therefore, the announce- be sound, and iuducing plaintiff to buy, is liable




to an action for deceit; Frothingham v. Price's Execu- illustrated by notes referring to reported decisions, tors, p. 618, notice of protest is not necessary to which embrace the leading points usually met in praccharge drawer when he has no funds in drawee's tice. The satisfaction which the work has given is hands; James v. O'Driscoll, p. 632, friendly ser- indicated by the fact that a second edition has been vices furnish no ground for an action for pecuniary called for-a somewhat unusual thing in books of this compensation; State v. Quarrel, p. 637, the fact that kind. an alien was on the jury unchallenged, held no ground for a new trial; Collins v. Westbury, p. 643, duress of

CORRESPONDENCE. goods held a good plea to an action on a bond given to procure their release. The decisions come down to no

OATHS OF REFEREES TO COMPUTE AMOUNT DUE. later date than 1802. The only insurance cases given

Hudson, N. Y., January 26, 1878. are those upon marine policies and there are

Editor Albany Luw Journal : cases relating to negligence or corporations showing

GENTLEMEN.--In your issue of this date, you speak of that several now important brauches of law were not

a point of considerable interest, passed upon in the then heard of. Several very elaborate notes are ap

case of Exchange Fire Lies. Co. v. Early, decided at pended to cases, those in relation to “liquidated dam

special term of the N.Y. Court of Common Pleas on the ages,” etc., on page 631, and “trover," on page 333,

18th inst.," where a re-sale of mortgaged premises was examining the case law quite fully. The profession

ordered because the referee appointed to compute the will find these reports just what they want, and when

amount due, had neglected to take the oath prescribed the series is completed, no lawyer in practice can af.

by $ 1016 of the Code of Civil Procedure. ford to be without them. We would suggest one or

It seems to us that the court has entirely misappretwo improvements in the way of condensation. In

hended the class of references to which this section is several instances the arguments of counsel are given

applicable. Its very terms show that it only applies quite fully. This is proper enough in an ordinary vol

to references when some issue is to be tried, or some ume of reports, but one that undertakes to give only

question determined. It applies only to references the cream of the case law has seldom room for much

* prescribed in either of the foregoing sections of this more than the names of the counsel and a brief sum

title.” Title II, Chap. X. mary of the arguments and citations made by the un

The reference authorized by “the foregoing sections successful one. Quite a number of cases given relate to the construction of wills. While decisions upon

of this title" is in every case (except that authorized

by $ 1015,) to try some issue or determine some questhis subject have value, they are, as a rule, not

tion. Section 1015 authorizes a reference to take an worthy of being included in a selection such as this. We must also criticise the insertion of such a decision

account after interlocutory or final judgment, and to

report on a question of fact on a motion. Clearly, as Russell v. Falls, p. 380, where the question when a

of these sectious embrace

such a

referwill is attested in the presence of the testator is dis

as that under consideration. But another procussed at length but no conclusion reached. A dis

vision of the Code of Civil Procedure puts the matter cussion of this kind is sometimes of interest, but it is

entirely beyond controversy. Section 8:27 (art. 6th, tit. out of place here. As a whole, however, the volume

ch. 8th), in its last clause, provides as follows: "And has so many excellent features, that the faults we have

when, according to the practice of the Court of Chanmentioned are excusable. It contains all the decis

cery, on the 31st day of December, 1846, a matter was ions of general value found in thirty volumes of the

referable to the Clerk, or to a Master in Chancery, a earlier reports, is well indexed, has a table of cases

court having authority to act thereupon may direct cited, and is well printed and bound.

a reference, to one or more persons desiguated in

the order, with the powers which were possessed by ANDREWS' PRECEDENTS OF LEASES – SECOND EDI

the Clerk or the Master in Chancery, except when it

is otherwise specially prescribed by law.” Precedents of Leases, with Practical Notes ; Second Edition.

References to compute amount due and to sell mortBy John Andrews, B. A. Oxon, Solicitor of the Supreme Court of Judicature. London: Reeves & Turner, 1878. gaged premises were always made by the old Court of A precedent is much more useful to the conveyancer

Chancery to the Clerk or a Master, and hence such than what is known as a form. The form is prepared references are provided for by this section (827). in advance to cover all cases within a certain class,

No oath of the Clerk or Master was required on while the precedent only undertakes to show how such references, and none is now required of the certain cases actually existing were met. Both are referee, who, under the present practice, takes the designed as guides, but to one the ground is unknown place of those functionaries. while to the other it is to a certain extent familiar.

The language of $ 1016 is utterly inapplicable to

mere clerical computation, and by its terms the reWe are glad, therefore, to welcome books which pro

quirement of a preliminary oath is confined to referfess to aid the draftsman by furnishing him with the ences prescribed in the several sections of tit. 2, ch. 10. best examples of what has been done, and we esteem

The Court will not be astute to disturb judgments the volume before us as a book of that kind. It cov

entered upon the reports of referees appointed under

authority derived from other provisions of the Code, ers only a single subject, but one of growing inipor- and to unsettle titles acquired without this august tance in these days, when so large a proportion of the ceremonial of a preliminary oath of the referee, people either live or do business on leased premises.

“That he will faithfully and fairly compute the amount

due upon the mortgage in suit, and make a just and The work will be found chiefly useful in England, but

true report, aocording to the best of his understand. it contains many hints that will be advantageous to ing." American conveyancers. The precedents it gives are

Manifestly the attention of the Court of Common

Pleas of the city and county of New York was not taken from those in constant use. They have all been

called to $ 827 of the Code of Civil Procedure. carefully revised and many of them have been settled

Very truly yours, by counsel. The various clauses and provisions are




The following decisions were handed down on Tues


cisions of the Supreme Courts of Tennessee, Arkansas

and Mississippi. The January number contains a HE

thoughtful and exhaustive essay on “The Chancery day, January : Motion denied - The People v. The Security Life

System of Tennessee," by Hon. W. F. Cooper; an ar

ticle on “The Judiciary-what it is and what it should Insurance Co. - Judgment affirmed, with costs

be," by Hon. Henry Craft; one on "Tax Legislation The Farmers and Mechanics' National Bank of Buffalo

in Tennessee," by Hon. J. B. Heiskell; and a memorial v. The Erie Railway Co. Order affirmed and judg

sketch of Andrew Ewing, by Hon. T. W. Brown. ment absolute for plaintiff on stipulation, with costs

Every article is well and carefully prepared and is - Wood v. The Erie Railway Co.- Order of General

worthy the attention and perusal of the bar everyand Special Term reversed and motion granted on

where. Very full abstracts of six decisions of the terms stated in opinion), with costs, payable out of

courts of Mississippi and Tennessee are given, and one the estate of the lunatic -Order to be settled by Chief Justice Church if parties do not agree.-In re

case in the Supreme Court of Tennessee is published

in full. We trust that this new quarterly will receive Valentine.

a hearty support from the profession of the section The following decision was handed down Friday,

where it is published. The New Jersey Law Journal January 25, 1878: In the matter of several applications to modify the rules and regulations in re

is to be published monthly at Somerville, N. J. The

January number contains some very carefully written lation to the admission of attorneys, etc. “The

editorial notes on subjects of present interest, recourt has had under consideration the several applications in behalf of students who were at the time

ports of cases recently decided in the United States

District Court for New Jersey, the Chancery Court of the adoption of the present rules in attendance

and the inferior court of that State contributed artiupon the law schools of the State, as well as those who have pursued their studies at law schools out of the

cles on matters of interest and under the head of “Our State, and also by and in behalf of gentlemen who

Miscellany." Notes of important decisions from other

states and countries, personalities, court notes, and have been admitted to the bar in other States, and

humorous items. The Journal well deserves the suphave, without notice of any change of the rules of this court affecting their admission as attorneys, etc., re

port of the New Jersey bar, and we hope it will receive

it. moved to this State, for a modification of the rules,

The Cleveland Law Reporter is to be published and feel the force of their several applications, but

weekly, and is to contain decisions of the courts of after deliberation it is deemed inexpedient to modify

Ohio and such matters as are of interest to the profesthe rules or in any way to interfere with their opera

sion in the locality where it is issued. tion and effect, and the applications are therefore denied."

The Pall Mall Gazette says that the law recently The following decisions were handed down Tuesday, January 29, 1878:

promulgated by the German government establishing

courts to inquire into accidents at sea happening in Judgment affirmed, with costs First National

German waters will come into force on the 1st of JanuBank of Oxford v. Wheeler; Goodrich v. Wheeler;

ary next. Two courts are created by the new regulaMitchell v. Wheeler; Maydale v. Wheeler; Hall v.

tions; the one for the Baltic, the other for the North Wheeler; First National Bank of New Berlin v.

Sea. The president of each is to be a lawyer, and he Wheeler; Wheeler v. Wheeler; Bank of Chenango v.

is to be assisted by four assessors, two of whom are to Wheeler; Baggerly v. Farmers' Joint Stock Insurance

be captains of merchant vessels in actual employment, Co.; Hughes v. Copper Mining Co.; Hunt v. Hunt;

to be selected on each occasion by the president of the Horn v. Pullman; Auburn City National Bank v. Hinsiker; Kraushaar v. Meyer; Kohler v. Mattlage;

court from a list prepared every year by the Chambers

of Commerce. In certain cases also, the president may Craighead v. Peterson; Holden v. New York and Erie Bank; Kettletas v. Kettletas; Sixth Avenue Railroad

nominate a naval officer as one of the four assessors. v. Kerr. Judgment reversed and new trial granted,

The court, thus composed, has power to suspend for costs to abide event — Town of Pierpoint v. Loveless;

any length of time the certificate of the captain or Jordan v. Valkenning.

pilot of any vessel into the conduct of which inquiry - Order affirmed, with costs

is being made, or even to probibit them altogether - In re application of the Brooklyn and Coney Island Railroad Co. Order of General Term reversed and

from following their profession at sea; but the Chanjudgment on verdict affirmed, with costs - Dorrity v.

cellor of the Empire, to whom appeal may be made

from the decision of the court, may remit the sentence Rapp. -Judgment of Supreme Court, and so much of decree of Surrogate as is involved in this appeal,

pronounced by it at the end of a year. The provisions

of this law have been warmly discussed in the papers reversed without costs to either party as against the other - Bevan v. Cooper.

of the German seaport towns since it was promulgated. The prevailing opinion appears to be that the

sentences to be awarded are much too severe, and that NOTES.

the fear of incurring the punishments prescribed will

cause captains and pilots to adhere rigidly to the reguopening year brings with it quite a number of lations, even in cases where the only chances of avoid

ing a disaster would be to maneuver boldly and In addition to several which we have already noticed, promptly in opposition to the rules laid down. The we have received the initial numbers of The Memphis

admission of a naval officer as an assessor is also Law Journal, The New Jersey Law Journal, and warmly protested against, even in cases in which a The Cleveland Law Reporter. The first named is to be man-of-war is concerned-unless, indeed, the officer issued quarterly, and is to have, in addition to leading appointed shall have previously served as a captain in articles of local or general interest, reports of the de- the merchant service.

The open ventures in the weld of legal journalism.

The Albany Law

ALL communications intended for publication in the

referred to a committee. But that Parliament was LAW JOURNAL should be addressed to the editor, and the in advance of its time. It has taken two hundred name of the writer should be given, though not necessa

years to bring the English land-owners and money rily for publication,

lenders to a realization of the advantages of the Communications on business matters should be ad- plan suggested by Bulstrode. dressed to the publishers.

The General Term of the Supreme Court for the Law Journal.

First Department, in The case of Gesner, decided on

the 31st ult., passes upon a somewhat important ALBANY, FEBRUARY 9, 1878.

question in criminal practice, namely: whether a per

son charged with an indictable offense is entitled to CURRENT TOPICS.

an examination before a committing magistrate

after an indictment has been found against him. THE 'HE frauds perpetrated by the Solicitor Dimsdale

The court holds that he has not such a right, rehas brought forcibly to the minds of English versing the decision below of Justice Westbrook. land owners and money lenders the dangers to

The opinion says: “It was not the intention of the which they are constantly exposed by the want of a

Revised Statutes to require the magistrate to consystem of registry of instruments affecting real tinue an examination under every and in despite of property. To an American, accustomed, when he

all circumstances, as, for instance, where he is satiswishes, to buy or sell a piece of land, or to raise or

fied the evidence fails to establish the charge. The invest money on a mortgage, to only the trifling intention was that no person should be held for expense and trouble of procuring a “search” from

trial by an arresting magistrate except on such exthe official in charge of the public records, an Eng-amination; but there was no intention to continue lish transaction, relating to real property, is a some

such examination after its main object had been what formidable affair. There the vendor and

rendered nugatory by an indictment.” The conpurchaser, or whatever the two persons who are clusion reached is the one generally held by the striving to make a bargain may be entitled, must profession, though doubt had been thrown upon it3 each have his solicitor, and each solicitor must have correctness by the decision below in this case. his counsel before any step can be taken. Then, after a long time spent in making abstracts of title The members of the Louisiana Returning Board and perusing documents which convey or fortify who have been indicted in the courts of that State title, and raising or explaining difficulties, the deeds for alleged criminal acts in connection with their of conveyance are drawn, and with them are trans- official duties, made application to Mr. Justice ferred all the antecedent instruments that can be Bradley, associate justice of the United States Suparted with, as muniments of title. A single in- preme Court, for an order transferring the proceedstrument of conveyance answers, as a rule, with us, ing to the Federal courts, under the provisions of the vendee not caring for the possession of previous 641, etc., of the Revised Statutes. The principal deeds so long as the title appears all right upon the grounds of the application were that a jury law, record. The objection raised to the adoption of a passed by the legislature of Louisiana in 1877, registry system in England has been that it would operated in favor of white citizens and against afford to those desirous of ascertaining the pecun

those of African descent, of which descent two of iary condition of others, from curiosity or some the petitioners were, and that the State officers had wise motive, an opportunity to do so, inasmuch as so manipulated the law as to deprive petitioners of these persons would have free access to the public an impartial jury, and had organized a jury so records. The principal opposition to the registry, prejudiced that petitioners could not have a fair however, comes from the solicitors, who imagine trial; and also that a prejudice existed against that a very important and lucrative business would petitioners among the authorities and court officials be interfered with, and perhaps ruined, if the trans- which would prevent a fair trial. The petition fer of real estate should be rendered as easy and

was denied.

The court held that the law comsafe as it is with us. We imagine, however, that no plained of, which provides for the appointment of great harm would be done to the solicitors by a gen-commissioners who are to select impartially from eral registry act. In Middlesex, which is an im- those qualified to vote a large number of names of portant county, we understand that a system of good and competent men to serve on juries, is subrecording, which is nearly as convenient as the stantially the same law in force in other States, and American, has been in existence for some years, and not open to any constitutional objection. In regard that it has not operated to the disadvantage of the to the allegations of a manipulation of the law in profession. It was proposed by one Bulstrode, in such a manner as to secure a jury inimical to petithe Rump Parliament, that there should be a regis- tioners, and of the existence of a general prejudice ter of deeds in every county, and the matter was against them in the minds of the court, jurors and

VOL. 17.- No. 6.

officials, the opinion says they are not within the the legislature of Maryland required importers of purview of the statute authorizing a removal. The foreign goods to pay the State a license tax before Fourteenth Amendment to the Constitution, which selling them in the form and condition in which guarantees the equal benefit of the laws on which they were imported. The statute was held to be the present application is based, only prohibits unconstitutional, the court saying that a tax on the State legislation violative of said right. It is not occupation of an importer was a tax on the goods directed against individual infringements thereof." | imported. The decision is also supported by tho The questions presented in the case are interesting, case of State Freight Tax, 15 Wall. 232. In Almy v. and the court suggests to the petitioners the propri- California, 24 How. 169, a tax upon a bill of lading ety of going to the Supreme Court for a final of goods transported on the high seas is held a determination of them.

regulation of commerce and invalid. In Woodruff

v. Purham, 8 Wall. 123, a tax on railroad and A bill has been introduced in the Assembly by stage companies for every passenger carried out ol Mr. Bergen, designed to protect the purchasers of the State by them is held void, not as a regulation personal property to be paid for by installments. It of commerce in the absence of conflicting legislaprovides that the failure of a purchaser to pay any tion by Congress, but as opposed to the right of installment, when due, shall not result in a greater the government to transport troops and the right of forfeiture of the right or interest of the purchaser citizens to approach the great departments of govthan one-half of the amount already paid, and pro- ernment, the ports of entry through which combibits the seller from recovering possession of the merce is conducted, and the various Federal offices property, in case of failure, except on refunding in the States. See, also, Van Buren v. Douning, 41 one-half of the amount already received on the Wis. 122, where a statute of Wisconsin, similar to sale. This is designed to prevent the oppressive that of Missouri, is held unconstitutional upon the carrying out of a class of contracts that are usually authority of the principal case. made between the vendors of certain kinds of household articles, such as sewing machines, pianos,

In the case of The Benton, recently decided by etc., and women of limited means. These con

the United States District Court for the Eastern tracts are usually induced by false hopes held out

District of Michigan, the question arose whether & by the vendors of the articles, and are usually so

firm of material men, composed of three members, framed as to give the purchaser hardly any right could libel a vessel for supplies furnished, such except that of possession, until the vendor shall re

vessel being owned by two members of the firm. claim the article. The courts have, in various

The court held that the libel could not be sustained. cases, endeavored to so construe these contracts as

That a material man bas no lien upon his own to save the purchaser from heavy loss, but this is property has been repeatedly decided, not only in not always possible, and the bill mentioned is de-aclmiralty, but in cases under the mechanics' lien

laws of the several States. signed to secure equity in every instance.

Logan v. Steamboat

Eolian, 1 Bond, 267; Babb v. Reed, 5 Rawle, 551; NOTES OF CASES.

Stevenson v. Stonehill, 5 Whart. 301; Peck v. Brum

magin, 31 Cal. 440. It was decided in Doddington IN V the case of Welton v. State of Missouri, 1 Otto, v. Hallet, 1 Ves., Sr., 497, that the part owner of

275, a statute of Missouri which required the a ship has a lien upon the shares of his copayment of a license tax from persons who should

owners, but this

overruled in deal in the sale of goods which were not the growth, | parte Young, 2 V. & B. 242; Patten v. Schooner produce or manufacture of the State, by going from Randolph, Gilp. 457; Iall v. Iludson, 2 Sprague, place to place to sell the same in the State, and 65; The Larch, 2 Curt. 427; Macey v. De Wolf, 3 which required no such license tax from persons W. & M. 205; Mumford v. Nichol, 20 Jolins. 611; selling in a similar way goods which were the Green v. Briggs, 6 Hare, 395; Lamb v. Durant, 12 growth, produce or manufacture of the State, was Mass. 54; Merrill v. Bartlett, 6 Pick. 46; Braden held unconstitutional as being in conflict with the V. Gardner, 4 id. 456; French v. Price, 24 id. 14. power vested in Congress to regulate commerce In a case like the one at bar, the only remedy would with foreign nations and among the several States. be a personal one in a court of equity. See Case of The court held that the tax was not one upon a Steamboat Morton, 22 Ohio St. 26, which was very calling, but upon the goods designated, and that similar to the one at bar. Plaintiffs, a firm, furnished legislation, discriminating in favor of the products materials to a vessel owned by one of their cumof the State and against those of other States, was ber, and it was held that they could not recover. invalid under the clause of the Federal Constitution In The Druid, 1 W. Robinson, 399, it is said: “In giving to Congress the power mentioned. The all causes of action which may arise during the Supreme Court considered a similar question in ownership of the persons whose ship is proceeded Brown v. Maryland, 12 Wheat. 425, where an act of l against, I apprehend no suit could ever be main



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