Opinions Delivered in the Insular Tariff Cases in the Supreme Court of the United States, May 27, 1901U.S. Government Printing Office, 1901 - 184 pages |
From inside the book
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Page 11
... California was and continued to be after the date of the treaty a foreign territory , and hence that no duties were payable as upon an importation into the United States . The plaintiffs proceeded upon the theory DE LIMA VS. BIDWELL . 11.
... California was and continued to be after the date of the treaty a foreign territory , and hence that no duties were payable as upon an importation into the United States . The plaintiffs proceeded upon the theory DE LIMA VS. BIDWELL . 11.
Page 12
... California , and duties were assessed , after the treaty , accord- ing to the United States tariff act of 1846. In holding that these duties were properly assessed , Mr. Justice Wayne cited with apparent approval a despatch written by ...
... California , and duties were assessed , after the treaty , accord- ing to the United States tariff act of 1846. In holding that these duties were properly assessed , Mr. Justice Wayne cited with apparent approval a despatch written by ...
Page 13
... California continued from the necessities of the case until Congress provided a territorial government . It will be seen that the three propositions involve a recognition of the fact that California became domestic territory immediately ...
... California continued from the necessities of the case until Congress provided a territorial government . It will be seen that the three propositions involve a recognition of the fact that California became domestic territory immediately ...
Page 14
... California and Alaska . We take these up in their order . Louisiana : By treaty between France and Spain , October 1 , 1800 , ( 8 Stat . 202 , ) His Catholic Majesty promised to cede to the French Republic the colony or province of ...
... California and Alaska . We take these up in their order . Louisiana : By treaty between France and Spain , October 1 , 1800 , ( 8 Stat . 202 , ) His Catholic Majesty promised to cede to the French Republic the colony or province of ...
Page 15
... California . " Indeed , it is quite evident from this case that the court took an entirely different view of the relations of California to the Union from that which had been taken by Mr. Gallatin as to Louisiana in his instructions to ...
... California . " Indeed , it is quite evident from this case that the court took an entirely different view of the relations of California to the Union from that which had been taken by Mr. Gallatin as to Louisiana in his instructions to ...
Other editions - View all
Opinions Delivered in the Insular Tariff Cases in the Supreme Court of the ... United States Supreme Court No preview available - 2017 |
Opinions Delivered in the Insular Tariff Cases in the Supreme Court of the ... United States Supreme Court No preview available - 2015 |
Common terms and phrases
acquire territory act of Congress action admitted amendment apply authority Bidwell California ceased ceded territory Chief Justice Marshall Chief Justice Taney Circuit Court citizens clause coasting trade collector commerce conceded conferred conquest Constitution Court of Claims custom laws customs decision declared domestic territory Dred Scott duties effect established exercise existing express expressly extend Fleming Florida Foraker act foreign country gress held imported imposed imposts and excises incorporate territory incorporation inhabitants island Jefferson judicial jurisdiction legislative levied limits Louisiana ment merchandise military nation Northwest Territory opinion organized territories plaintiff Plaintiffs in Error port Porto Rico possession power of Congress President principles provisions question ratification regulations respect revenue laws ritory rule sovereignty Spain Stat statute stipulated Supreme Court Tampico tariff laws taxes terri thereof throughout the United tion tory Treasury treaty of cession treaty of peace treaty with Spain treaty-making power Tucker act Union United vessels words
Popular passages
Page 149 - 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 114 - The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.
Page 140 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man, than that any of its provisions can be suspended during any of the great exigencies of government.
Page 131 - The powers of the legislature are defined and limited, and that those limits may not be mistaken or forgotten the Constitution is written. 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...
Page 116 - Spain relinquishes all claim of sovereignty over and title to Cuba. And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.
Page 135 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations, respecting the territory belonging to the United States.
Page 102 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States; and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Page 143 - The case being within the words of the rule, must be within its operation likewise, unless there be something in the literal construction so obviously absurd, or mischievous, or repugnant to the general spirit of the instrument, as to justify those who expound the constitution in making it an exception.
Page 127 - The power then to lay and collect duties, imposts, and excises, may be exercised, and must be exercised throughout the United States. Does this term designate the whole, or any particular portion of the American empire? Certainly this question can admit of but one answer. It is the name given to our great republic, which is composed of States and Territories. The District of Columbia, or the territory west of the Missouri, is not less within the United States than Maryland or Pennsylvania...
Page 140 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and ofthat of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids...