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action admitted agreement amount answer appear assigned authorise authority Bank bill bond brought CALDWELL cause charge charter Circuit Court circumstances claim Common complainant consideration considered Constitution contract corporation counsel creditors debt decided decision deed defendant demand determined dollars effect equity error evidence exceptions execution exercise existence facts favor fraud further give given ground held Indians intended interest issue John Judge judgment jurisdiction jury Justice land limits matter ment motion necessary never notice objection offered opinion original paid party payment person Pettus plaintiff plea possession present principle proceedings promise proof proved purchase question reason received record recover referred refused relation rendered respect reversed rule sheriff shew Smith sovereignty statute sufficient suit sustained taken term territory tion treaties trial tribes United unless void White witness writ
Page 441 - Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.
Page 377 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Page 439 - States, that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax laid by order or under the authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale...
Page 346 - 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.
Page 376 - They act upon the subject before it becomes an article of foreign commerce, or of commerce among the states, and prepare it for that purpose. They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
Page 348 - Company, as also all the lands and territories lying to the westward of the sources of the rivers which fall into the sea from the west and northwest, as aforesaid; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever or taking possession of any of the lands above reserved, without our special leave and license for that purpose first obtained.
Page 413 - We will not enter into the controversy, whether agriculturists, merchants, and manufacturers, have a right, on abstract principles, to expel hunters from the territory they possess, or to contract their limits. Conquest gives a title which the courts of the conqueror cannot deny, whatever the private and speculative opinions of individuals may be, respecting the original justice of the claim which has been successfully asserted.
Page 412 - But, as they were all in pursuit of nearly the same object, it was necessary, in order to avoid conflicting settlements and consequent war with each other, to establish a principle which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves.