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acres act of assembly act of Congress actual settlement admitted aforesaid Alexandria alleged appear assignment assumpsit authority bill of exchange bond captain cargo cause caveat circuit court citizen claim common law considered constitution contended contract counsel creditors custom of merchants Daniel Coxe debtor declaration decree deed defendant discharge district dollars drawer duty entitled entry equity evidence execution executor fact French George Galphin George Gilmer give given Hooe indorser intention John Harmer judges judgment jurisdiction jury justice land legislature liable Lord Mansfield M'Intosh mandamus Mason ment notice opinion owner paid parties payable payment person plaintiff in error plea port possession present principle promissory note proved provisions question received residence salvage seal ship statute statute of Anne sugar survey term testator thereof tion tract trade United vessel Virginia warrant Wilson words writ of error
Page 69 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Page 73 - 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 to the constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Page 73 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited *and acts allowed, are of equal obligation.
Page 74 - 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. It would declare that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be given to the legislature a practical and real omnipotence, with the same breath which professes to restrict...
Page 73 - If an act of the legislature, repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on.
Page 74 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich...
Page 313 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Page 64 - States authorizes the supreme court " 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.
Page 71 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done that the propriety or impropriety of issuing a mandamus, is to be determined.
Page 70 - 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.