East Florida Treaty Claims: An Examination of the Ninth Article of the Treaty of 1819 and of the Act Passed to Carry it Into Effect, Also of the Decision of the Supreme Court in the Case of the United States Vs. Ferreira, 13 Howard, 40 |
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East Florida Treaty Claims: An Examination of the Ninth Article of the ... Charles E. Sherman No preview available - 2015 |
East Florida Treaty Claims: An Examination of the Ninth Article of the ... Charles E. Sherman No preview available - 2018 |
Common terms and phrases
13 Howard 23d March 3d section 9th article act as commissioners act of 26th act of 3d act of Congress act to carry acted judicially acts passed adjudicate aforesaid appointed Attorney authority awards capacity carry the treaty cial circuit court claimants common law conferred Constitution constitutionally construction damages decided decision in Ferreira's declared decrees district judge duty East Florida exercised expressly favor Florida treaty Government hereby Hunter's Lessee international law invalid pension act Judge Bronson judges acted judgment judi judicial action judicial power judicial proceeding judicially proved justice law of nations LEVI WOODBURY ninth article note to Hayburn's opinion passed to carry Pensacola pension list petition presented President process of law satisfaction Secretary Secretary of War Senate Spain Spanish Stat superior court Supreme Court territory tion Treasury Department treaty into effect treaty of 1819 treaty required treaty tribunal United void William Cushing Yale Todd York circuit
Popular passages
Page 11 - To ascertain the full amount and validity of those claims, a Commission, to consist of three Commissioners, Citizens of the United States, shall be appointed by the President, by and with the advice and consent of the Senate, which commission shall meet at the city of Washington, and, within the space of three years from the time of their first meeting, shall receive, examine, and decide upon the amount and validity of all the claims included within the descriptions above mentioned.
Page 45 - An act to provide for the settlement of the claims of widows and orphans, barred by the limitations heretofore established, and to regulate the claims to invalid pensions.
Page 9 - If the English and the Spanish parts can, without violence, be made to agree, that construction which establishes this conformity ought to prevail. If, as we think must be admitted, the security of private property was intended by the parties, if this security would have been complete without the article, the United States could have no motive for insisting on...
Page 58 - Nor can we see any ground for objection to the power of revision and control given to the Secretary of the Treasury. When the United States consent to submit the adjustment of claims against them to any tribunal, they have a right to prescribe the conditions on which they will pay. And they had a right therefore to make the approval of the award by the Secretary of the Treasury, one of the conditions upon which they would agree to be liable.
Page 36 - ... officer, soldier, or seaman, disabled in the actual service of the United States during the late war, by wounds or other known cause, who did not desert from the said service, shall be entitled to be placed on the pension list of the United States during life, or the continuance of such disability, and shall also be allowed such further sum for the arrears of pension, from the time of such disability, not exceeding the rate of the annual allowance in consequence of his disability, as the circuit...
Page 39 - Because the business directed by this act is not of a judicial nature. It forms no part of the power vested by the constitution in the courts of the United States; the circuit court must, consequently, have proceeded without constitutional authority.
Page 38 - As therefore the business assigned to this Court, by the act, is not judicial, nor directed to be performed judicially, the act can only be considered as appointing commissioners for the purposes mentioned in it, by official, instead of personal descriptions.
Page 36 - ... manner as the judge of the district court shall think effectual to give general information thereof to the people of the district, and shall give like information of the times and places of holding the circuit courts in such district And in districts wherein a circuit court is not directed by law to be holden, the judge of the district court shall be, and he hereby is authorized to exercise all the powers given by this act to the respective circuit courts.