TABLE OF CASES. When a commission has been signed by the president the appointment of the officer commissioned is made; and the commission is complete when the seal of the United States has been affixed to it by the secretary of state. To withhold a commission thus complete is a violation of a vested legal The supreme court of the United States has no authority to issue a writ of mandamus, commanding the secretary of state to deliver a paper; original jurisdiction in such cases not having been given by the constitution, and the act of congress, conferring that authority on this court, not being The law which gives the United States a preference over other creditors 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 The supreme court may grant a writ of habeas corpus in order to exam- ine into the cause of a commitment made by another court having power to In an indictment for treason, a special overt act of levying war must be laid, and the particular place in which that act was committed must also be laid; and the overt act, laid in the indictment, cannot, on the trial, be proved, without first proving the actual or legal presence of the accused, by two wit- nesses; nor can any merely corroborative evidence be admitted, to connect the person accused with the supposed treasonable acts charged in the in- dictment, until some overt act of treason has been proved by two witnesses. A person may be concerned in a treasonable conspiracy, and yet be le- gally, as well as actually, absent, while some one act of the treason is per- A man who incites, aids, or procures a treasonable act, is not, merely in consequence of that incitement, aid, or procurement, legally present when Those only who perform a part, and are leagued in the conspiracy, are traitors. They must "perform a part," which will furnish the overt act, and THE BANK OF THE UNITED STATES v. DEVEAUX et al. 112 The act of incorporation (passed 1791) conferred on this bank no right to sue in the federal courts. But a corporation aggregate, composed of citizens of one state, may sue a citizen of another state in the circuit courts of the In a question of jurisdiction, the court will look to the character of the individuals who compose the corporation, when a corporation is a party. The legislature of a state cannot annul the judgments, or determine the Although the claims of a state may be ultimately affected by the decision The legislature of Georgia passed an act authorizing a patent to issue granting a tract of land lying within the limits of that state. This act was not repugnant to the constitution of Georgia. After the patent had been granted, the legislature repealed this act. This repeal was repugnant to the constitution of the United States; for it im- When a law is, in its nature, a contract, and when absolute rights have 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- 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- A state may pass a bankrupt, or insolvent law, provided such law does not The insolvent act of New York (passed April 3, 1811) so far as it attempts The constitution of the United States, and the laws made in pursuance The act of congress, (passed 1816,) incorporating the Bank of the United States, is a law made in pursuance of the constitution, and is a part of the The states have no power, by taxation, or otherwise, to retard, impede, bur- den, or in any manner control, the operation of the constitutional laws enact- ed by congress to carry into execution the powers of the general government. A law passed by the legislature of Maryland, imposing a tax on the Bank 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- 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. 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' 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, |