Reports of Cases Argued and Adjudged in the Supreme Court of the United States. February Term, 1816[-January Term, 1827], 4권R. Donaldson, 1819 |
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17 페이지
... decrees ( of the commissioners ) as to them shall seem fit and convenient . This is not a power to make a decree , but to execute the decrees made by the Commission- ers . The 10th section reiterates the appellate power of the ...
... decrees ( of the commissioners ) as to them shall seem fit and convenient . This is not a power to make a decree , but to execute the decrees made by the Commission- ers . The 10th section reiterates the appellate power of the ...
18 페이지
... decree in its appellate character . As the com- missioners derive their whole authority from the statute , and are therefore confined to the cases enu- merated in it , the first question upon the threshold of the appeal is , whether the ...
... decree in its appellate character . As the com- missioners derive their whole authority from the statute , and are therefore confined to the cases enu- merated in it , the first question upon the threshold of the appeal is , whether the ...
19 페이지
... decreed at the rolls to be good , as an appointment upon the act of parliament , notwithstanding there was no revocation ; but that point was not now in question . " How this question came before the Master of the Rolls does not ap ...
... decreed at the rolls to be good , as an appointment upon the act of parliament , notwithstanding there was no revocation ; but that point was not now in question . " How this question came before the Master of the Rolls does not ap ...
20 페이지
... decreed to be distributed immediately , and not made a perpetual charity . But nothing is said of the statute of Elizabeth , either in the argument , or in the opinion of the Court . The question was , whether B. , and his testamentary ...
... decreed to be distributed immediately , and not made a perpetual charity . But nothing is said of the statute of Elizabeth , either in the argument , or in the opinion of the Court . The question was , whether B. , and his testamentary ...
21 페이지
... decree that the money may , from time to time , be disposed of in such charities as the alderman , for the time being , and the principal inhabitants , shall think the most beneficial to the ward . " Nothing is said of the statute ; and ...
... decree that the money may , from time to time , be disposed of in such charities as the alderman , for the time being , and the principal inhabitants , shall think the most beneficial to the ward . " Nothing is said of the statute ; and ...
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admitted aforesaid appointed Attorney authority bank bankrupt law bequest bill Buenos Ayres capture Castine charity charter Circuit Court claim clause commission common law Congress constitution contended conveyance corporation Court of Chancery Court of Equity Cranch creditors Crownin Dartmouth College debt debtor declared decree deed defendant Dorhman duties Elijah Craig equity established execution exercise exist expressly founder franchises fraud given grant Gratz Hart'sEx'rs heirs impairing the obligation incorporated insolvent laws intended judgment jurisdiction jury Justice land legislative legislature lien Lord Lord Eldon M'Culloch Maryland means ment Michael Gratz Mississippi Company New-Hampshire objects opinion parties pass persons plaintiff plaintiff in error possession principle privileges prize prohibition purchase purpose question respect Robert Johnson ryland sovereign statute of frauds Sturges taxation tion tract trustees United United Provinces vessel vested void Wheelock Woodward
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405 페이지 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in I the manner most beneficial to the people.
387 페이지 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
388 페이지 - The assent of the States, in their sovereign capacity, is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it; and their act was final. It required not the affirmance, and could not be negatived, by the state governments. The constitution, when thus adopted, was of complete obligation, and bound the state sovereignties...
412 페이지 - This great principle is, that the constitution and the laws made in pursuance thereof are supreme ; that they control the constitution and laws of the respective states, and cannot be controlled by them.
87 페이지 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
389 페이지 - The government of the Union, then (whatever may be the influence of this fact on the case), is, emphatically, and truly, a government of the people, In form and in substance it emanates from them, Its powers are granted by them, and are to be exercised directly on them, and for their benefit...
391 페이지 - A Constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
390 페이지 - Among the enumerated powers, we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the Articles of Confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described. Even the 10th Amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited, omits the word "expressly...
390 페이지 - The government of the United States, then, though limited in its powers, is supreme; and its laws, when made in pursuance of the Constitution, form the supreme law of the land, ' ' anything in the Constitution or laws of any State to the contrary notwithstanding.
565 페이지 - By the law of the land is most clearly intended the general law ; a law, which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.