Reports of cases argued and adjudged in the Supreme Court of the United States in August and December terms 1801 and February term 1803 - [February term 1815], Volume 1

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Published for... Rapine, Conrad and Co., 1804
 

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Página ii - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Página 177 - ... those who gave this power to say that in using it the Constitution should not be looked into? That a case arising under the Constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained. In some cases, then the Constitution must be looked into by the judges, and, if they can open it at all, what part of it are they forbidden to read or to obey?
Página 161 - 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.
Página xiii - This court considers the former practice of the Courts of King's Bench and of Chancery, in England, as affording outlines for the practice of this court ; and will, from time to time, make such alterations therein as circumstances may render necessary.
Página 321 - January, in the condition aforesaid above mentioned, according to the form and effect of the said condition: and this he is ready to verify. Wherefore he prays judgment, whether the said...
Página 164 - The conclusion from this reasoning is, that where the heads of departments are the political or confidential agents of the executive, merely to execute the will of the president, or rather to act in cases in which the executive possesses a constitutional or legal discretion, nothing can be more perfectly clear than that their acts are only politically examinable.
Página 169 - But where he is directed by law to do a certain act affecting the absolute rights of individuals, in the performance of which he is not placed, under the particular direction of the President, and the performance of which the President cannot lawfully forbid...
Página 309 - ... if a conveyance be of goods and chattels and be not on consideration deemed valuable in law, it shall be taken to be fraudulent within...
Página 160 - Where an officer is removable at the will of the executive, the circumstance which completes his appointment is of no concern, because the act is at any time revocable; and the commission may be arrested, if still in the office. But when the officer is not removable at the will of the executive, the appointment is not revocable, and cannot be annulled. It has conferred legal rights which cannot be resumed.
Página 163 - ... act. If some acts be examinable and others not, there must be some rule of law to guide the court in the exercise of its jurisdiction. In some instances there may be difficulty in applying the rule to particular cases, but there cannot, it is...

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