Notes on the united states reports, Volumen3


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Página 871 - ... It is very true, that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Página 654 - We choose rather to plant ourselves on what we consider impregnable positions. They are these : that a State has the same undeniable and unlimited jurisdiction over all persons and things within its territorial limits as any foreign nation, where that jurisdiction is not surrendered or restrained by the Constitution of the United States...
Página 656 - That all those powers which relate to merely municipal legislation, or what may perhaps, more properly be called internal police, are not thus surrendered or restrained; and that, consequently, in relation to these, the authority of a state is complete, unqualified, and exclusive...
Página 293 - This principle was that discovery gave title to the government by whose subjects, or by whose authority, It was made, against all other European governments, which title might be consummated by possession.
Página 155 - The court has bestowed its best attention on this question, and, after mature deliberation, the majority is of opinion, that an Indian tribe or nation within the United States is not a foreign state, in the sense of the constitution, and cannot maintain an action in the courts of the United States.
Página 297 - The language used in treaties with the Indians should never be construed to their prejudice. If words be made use of which are susceptible of a more extended meaning than their plain import, as connected with the tenor of the treaty, they should be considered as used only in the latter sense.
Página 321 - It is a universal principle that where power or jurisdiction is delegated to any public officer or tribunal over a subject-matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject-matter...
Página 143 - ... that its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear.
Página 32 - I will lay down the rule as broad as this : wherever any person gives property, and points out the object, the property, and the way in which it shall go, that does create a trust, unless he shows clearly that his desire expressed is to be controlled by the party, and that he shall have an option to defeat it.
Página 883 - For franchises are special privileges conferred by government upon individuals, and which do not belong to the citizens of the country generally of common right.

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