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TABLE OF CASES.

The law which gives the United States a preference over other creditors
of a bankrupt is constitutional.

The District of Columbia is not a state, in the sense in which that word is

used in the constitution of the United States. Consequently its citizens

cannot maintain an action in the circuit court of the United States for the

district of Virginia, under the judicial act of 1789, giving to circuit courts
jurisdiction in suits between citizens of the state where the suit is brought
and citizens of another state.

The legislature of a state cannot annul the judgments, or determine the
jurisdiction of the courts of the United States.

Although the claims of a state may be ultimately affected by the decision
of a cause, yet, if the state be not necessarily a defendant, the courts of the
United States may exercise jurisdiction.

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When a law is, in its nature, a contract, and when absolute rights have
vested under that contract, a repeal of that law cannot devest those rights.

The supreme court of the United States will not, in an action between two

individuals upon a private contract, enter into an inquiry respecting the cor-

ruption of the sovereign power of a state.

A murder committed on board a ship of war, lying within the harbor of the

city of Boston, is not cognizable in the circuit court for the district of Massa-
chusetts.

A state may pass a bankrupt, or insolvent law, provided such law does not
“impair the obligation of contracts." The power given to congress, by the
constitution of the United States, "to establish uniform laws on the subject
of bankruptcies," does not, until congress exercises that power, take from the
states the right to pass bankrupt laws.

The insolvent act of New York (passed April 3, 1811) so far as it attempts
to discharge a debtor from liabilities incurred prior to its enactment, is con-
trary to the constitution of the United States.

TRUSTEES OF DARTMOUTH COLLEGE v. WOODWARD. 188

The act incorporating the trustees of Dartmouth College, and the accept-

ance of that act, or charter, by the persons incorporated, constitute a con-

tract, within the meaning of the constitution of the United States.

The acts of the legislature of New Hampshire, increasing the number of

the trustees of that college, and taking from them the right of filling vacan-
cies in their own number, impaired the obligation of this contract, and,
therefore, were unconstitutional and void.

LOUGHBOROUGH v. BLAKE.

211

A direct tax may be laid and collected in the District of Columbia, it being apportioned according to the population; although that district is not represented in congress.

OWINGS v. SPEED, et al.

218

The government established by the constitution of the United States did not commence its operations till the first Wednesday in March, 1789; and an act of a state legislature, passed before that time, could not be affected by the constitution of the United States.

COHENS v. THE STATE OF VIRGINIA.

221

A case arising under the constitution or laws of the United States is cognizable in the courts of the union, whoever may be the parties to the case. The mere circumstance, that a state is a party, gives jurisdiction to the federal courts.

When a state is a party to an action, the jurisdiction of the supreme court of the United States is original. When the case arises under the constitution, or a law of the United States, that jurisdiction is appellate.

262

JOHNSON AND GRAHAM'S LESSEE v. M'INTOSH. The Indians cannot convey their lands in fee. The plaintiffs claimed land under a private purchase from the Indians; the defendant held under the United States. The plaintiff's title was adjudged to be void.

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The constitution of the United States contains an enumeration of the powers expressly granted by the people to their government. There is no known rule, which requires that these pewers should be construed strictly. The words of the constitution are to be construed in their natural sense.

66

Congress shall have power to regulate commerce." The word commerce here comprehends navigation.

Carrying passengers is a part of the coasting business; and vessels licensed as coasting vessels may be employed in carrying passengers.

A steamboat may be licensed pursuant to an act of congress "for the enrolling and licensing of steamboats;" and an act of a state, inhibiting the use of steam to any vessel having a license, comes in direct collision with that act, and, of course, is void.

OSBORN et al. v. THE BANK OF THE UNITED STATES. 315

Congress has constitutional authority to give to the circuit courts of the United States original jurisdiction in any case to which the appellate jurisdiction extends.

The act incorporating the Bank of the United States (passed 1816) gives to the circuit courts of the United States jurisdiction of cases in which the bank is a party.

An act of the state of Ohio, laying a tax on the Bank of the United States, is repugnant to a law of the United States, made in pursuance of the constitution of the United States, and is, therefore, void.

THE BANK OF THE UNITED STATES v. THE PLANTERS'

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The charter of the Bank of the United States gives to the bank a right to sue in the circuit courts of the United States, without regard to citizenship. This action was brought in the circuit court of the United States on promissory notes, which had been assigned to the Bank of the United States. The payee could not have brought his action on these notes in the circuit court. The eleventh section of the judiciary act takes from the district and circuit courts cognizance of suits brought in favor of an assignee, in cases where the assignor could not have brought the suit in these courts. Yet the Bank of the United States may maintain this action in the circuit court; for it sues in virtue of a right conferred by its charter.

POSTMASTER GENERAL v. EARLY et al.

348

It is the duty of the postmaster general to sue, in his own name, for debts and balances due to the office which he superintends; and the circuit courts have jurisdiction in such cases.

The postmaster general may take bonds of his deputies and the officers in his department; at least, for the payment of balances in their hands, if not for the faithful performance of duties.

BROWN et al. v. THE STATE OF MARYLAND.

358

The act of the legislature of Maryland requiring importers of foreign articles, before selling the same, to take out a license, is repugnant to that article of the constitution of the United States which declares that " no state shall lay any imposts, or duties, on imports or exports;" and also to that clause in the constitution, which empowers congress "to regulate commerce with foreign nations, and among the several states."

AMERICAN INSURANCE COMPANY et al. v. CANTER. 373 The act of the territorial legislature of Florida, (passed 1823,) establishing a court consisting of a notary and five jurors, was constitutional.

The decree of this court, by virtue of which the cargo of a vessel, which had been wrecked on the coast of Florida, was sold to satisfy the salvors,

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